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Q104 (CISF/2019) Polity & Governance › Judiciary

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?

Explanation

According to Section 96(1) of the Code of Criminal Procedure (CrPC), 1973, "any person having any interest" in any newspaper, book, or other document in respect of which a declaration of forfeiture has been made under Section 95, may apply to the High Court to set aside such declaration.

The application must be filed within two months from the date of publication of the forfeiture declaration in the Official Gazette. Such cases are heard by a Special Bench of the High Court consisting of three judges (or all judges if the court has fewer than three). The phrase "any person having any interest" is intentionally broad, encompassing authors, publishers, editors, or even readers whose rights or interests are impacted, making option D the most accurate legal description.

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