The Supreme Court Tuesday granted interim protection to the Punjab Kesari, with the newspaper alleging it was being targeted for carrying an article which was against the ruling dispensation.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi directed that the Punjab Kesari printing press, “shall continue to function uninterruptedly”. The bench also ordered status quo in respect of the other commercial establishments owned by the newspaper group.
The bench clarified that the interim arrangement will remain in force until the Punjab and Haryana High Court, which heard the matter Monday and reserved its verdict, pronounces its judgment, and for one week thereafter to allow the affected parties to approach the appropriate forum.
Appearing for the Punjab Kesari group, Senior Advocate Mukul Rohatgi said the electricity to the press was disconnected on the grounds of a water pollution issue. “We also have a hotel which will be closed immediately, FIRs are registered against us, the owners of Punjab Kesari, all in a matter of 2 days because we have published an article which is not favourable to the dispensation in Punjab,” he submitted.
Rohatgi said the group filed a writ petition before the HC “because they directed immediate closure of the press running for the last 20 years, a hotel, etc”. “The High Court heard the matter yesterday and has reserved its judgment. We want interim protection until the judgment is pronounced; our press and hotel should not close. The HC has refused to grant us interim protection. The main thing is that the press is more than the hotel. The newspaper should not stop because we have published an article…”
Rohatgi said the group had filed an appeal before the SC and urged the court to take it up in the afternoon. “If the press is closed, there will be disruption.”
Citing Article 19(1)(a), Mohatgi said it can’t be that punitive actions will be taken just because an article is published.
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Senior Advocate Shadan Farasat, representing the Punjab Government, said the high court heard the matter in detail, and the order may come Tuesday or Wednesday. He said the matter can definitely wait until tomorrow.
The court, however, said the state cannot close down the Punjab Kesari press.
Farasat said a notice was issued and action was taken against one unit of the newspaper because of a pollution issue. “It’s exactly according to the book as per the requirements of the Pollution Control Act. They are making something different out of it…Whatever action has been taken has been taken. We are not going to take further action. My Lords may rest assured.”
CJI Surya Kant asked why the newspaper is being targeted, to which Farasat said that only one unit has been proceeded against due to a pollution issue, and “it’s not like the entire newspaper is being shut down.”
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“Please don’t close the newspaper. The hotel and any other commercial activity, it’s understandable. The hotel can remain closed for 2-3 days; there’s hardly any issue. But as far as the newspaper is concerned, allow it to function,” said CJI Surya Kant.
Farsast said he will have to take instructions on it. The court, however, issued the order.
© The Indian Express Pvt Ltd
