Code:
(1) The State Government may, at any time, having regard to the matters specified in sub-section (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under section 267, whether before or after the order of the State Government, shall have effect in respect of such person or class of persons.
(2) Before making an order under sub-section (1), the State Government shall have regard to the following matters, namely:
(a) the nature of the offence for which, or the grounds on which, the person or class of persons has been ordered to be confined or detained in prison;
(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison;
(c) the public interest, generally.
Explanation:
This section grants the State Government the power to exclude certain persons from the operation of Section 267. Section 267 prohibits the publication of proceedings of certain courts, including those related to:
- Cases under the Official Secrets Act, 1923
- Cases under the Foreign Exchange Regulation Act, 1947
- Cases involving the safety of the State or the public order
- Cases where the publication of proceedings may prejudice the fair trial of an accused person
However, the State Government can, by a notification, exclude certain persons from the restrictions imposed by Section 267. This exclusion is granted if the State Government believes that the publication of the proceedings by these excluded persons will not be detrimental to the interests of justice.
Illustration:
Imagine a case involving espionage where the publication of proceedings could compromise national security. The court may initially invoke Section 267 to restrict the publication of proceedings. However, the State Government, after considering the specific circumstances of the case and concluding that the publication by a particular journalist would not endanger national security, may issue a notification under Section 268 excluding that journalist from the restrictions of Section 267.
Common Questions and Answers:
Q: Who has the power to exclude persons from Section 267?
A: The State Government has the power to issue a notification excluding certain persons from the restrictions under Section 267.
Q: On what basis does the State Government exclude persons?
A: The State Government excludes persons if it believes that the publication of the proceedings by those excluded persons will not be detrimental to the interests of justice.
Q: Can the court itself exclude persons from Section 267?
A: No, the court cannot directly exclude persons from the operation of Section 267. This power rests solely with the State Government.
Q: What is the purpose of Section 268?
A: The purpose of Section 268 is to provide a mechanism for the State Government to allow certain persons, like journalists, access to restricted court proceedings when it deems such access to be in the public interest.
