Who among the following can apply to the High Court to set aside a dec

Who among the following can apply to the High Court to set aside a declaration of State Government under Section 95 of the Code of Criminal Procedure, 1973 to forfeit any newspaper?

Editor of the newspaper
Publishing house of the newspaper
Any employee of the newspaper
Any person having any interest in that newspaper
This question was previously asked in
UPSC CISF-AC-EXE – 2019
Section 95(2) of the Code of Criminal Procedure (CrPC), 1973 explicitly states that “Any person having any interest in any such newspaper, book or document” in respect of which a declaration of forfeiture has been made under Section 95(1) may apply to the High Court to set aside such declaration. This wording encompasses individuals or entities with a proprietary, financial, or other significant legal interest in the publication.
– Section 95 of CrPC allows the State Government to declare certain publications forfeited for containing seditious matter or matter promoting enmity between different groups, etc.
– Section 95(2) provides a legal remedy for challenging this forfeiture order in the High Court.
– The right to apply is granted to “Any person having any interest” in the publication.
– This includes the editor, publisher, owner, or anyone else with a direct stake in the newspaper or publication.
This provision serves as a safeguard against arbitrary state action by allowing affected parties to seek judicial review of the forfeiture order. The High Court examines the content of the publication to determine if it falls within the prohibited categories.
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