New Delhi, Jan 20 Observing that “newspapers cannot be stopped”, the Supreme Court on Tuesday directed the Punjab government and its pollution control board not to take any coercive steps against the publication of the Punjab Kesari newspaper in the state.
The top court took up the plea of the newspaper group on an urgent basis upon oral mentioning, and ordered that the printing presses of the Hindi daily shall continue to function uninterruptedly notwithstanding the Punjab State Pollution Control Board’s decision to snap power supply due to alleged violations.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi said its interim order will remain effective for one week even after the pronouncement of verdict by the Punjab and Haryana High Court on a petition filed by the newspaper group challenging the state’s actions.
"Without prejudice to the rights of both sides, and without expressing any opinion on the merits of the case, it is directed that the printing press of Punjab Kesari newspaper shall continue to function uninterruptedly. However, status quo shall be maintained with respect to the other commercial establishments, be it the hotel etc.
“This interim arrangement is made till the pronouncement of the judgment of the high court and one week more to enable the aggrieved party to approach the appropriate forum," the bench ordered after a brief hearing.
At the outset of day’s proceedings, senior advocate Mukul Rohatgi, appearing for the newspaper group, described the situation as an "extraordinary matter," alleging a coordinated campaign of state harassment following the publication of articles critical of the Punjab government.
Rohatgi said after the publication of the article, various coercive actions were initiated against the management, including cutting off the electricity, notices by the Pollution Control Board against the press, shutting down of the hotels run by the newspaper owners and FIRs.
"All this happened in a matter of two days because we published articles which are not favourable to the dispensation in Punjab," he said.
The press working for the last few decades has been directed to be immediately closed over some alleged water pollution issue.
He said the Punjab and Haryana High Court heard the petition and reserved the verdict. However, the interim relief has not been granted, he added.
Senior advocate Shadan Farasat, appearing for the state government, submitted that all steps were taken by the State strictly in accordance with the law. He said the high court has already reserved judgment on the matter and the verdict is expected soon, either today or tomorrow.
"The matter can certainly wait. The actions are exactly as per the book in terms of the Pollution Control law. They are making something else out of it. Whatever action was needed, it has already been taken; we are not going to take further action," he submitted.
"It is alright. Newspapers cannot be stopped," the CJI said and granted the interim relief.
New Delhi, Jan 20 In a reprieve to the Punjab Kesari newspaper group, the Supreme Court on Tuesday directed that printing presses of the vernacular daily shall continue to function uninterruptedly notwithstanding the Punjab State Pollution Control Board’s decision to snap power supply due to alleged violations.
A bench headed by Chief Justice Surya Kant took urgent note of the plea of the newspaper group that the publication of certain editions of the news daily will be affected due to the decision of the state’s pollution control board.
“Our newspaper should not stop because of an article, our press electricity will be disconnected,” senior advocate Mukul Rohatgi, appearing for the group, said while mentioning the case for an urgent hearing.
The senior lawyer submitted, “Because of an article published in the Punjab Kesari against the dispensation of the present government, electricity is cut for printing presses. Hotels of the owners are shut… FIRs are registered against owners”.
He said the Punjab and Haryana High Court heard the petition and reserved the verdict. However, the interim relief has not been granted, he added.
The bench took the plea of the newspaper group’s plea on board, and said, “Without prejudice to the rights of both sides, and without expressing any views on merits of the, it is directed that printing presses of Punjab Kesari shall continue uninterruptedly, and the status quo shall be maintained with regard to other properties.”
The counsel for the AAP government said the group was found in violation of pollution norms.
The bench said its order permitting printing presses shall continue for a week even after pronouncement of the verdict by the Punjab and Haryana High Court on the group's plea.
