( 1 ) IN this Rule, the first petitioner is the Statesman Limited (hereinafter referred to as the Statesman) and the second petitioner is Cushrow Russy Irani, who is a shareholder and the Managing Director of the Statesman, Mr. Irani is the Chairman of the Press Trust of India and of the Audit Bureau of Circulation Limited. He is also one of the two Directors from India of the Press Foundation of Asia, Manila, Phillipines. He was at all material times the President of the Indian and Eastern Newspaper Society.

( 2 ) BY a resolution No 19/3/72- Press, dated April 14, 1972. The Government of India decided to set up a Fact Finding Committee (hereinafter referred to as the Committee) with the Respondent No. 2, Bhabatosh Datta as the Chairman and the third, fourth, fifth and sixth respondents as members of the said Committee. The resolution is in the following terms:--"resolution in pursuance of the decision to inquire into the economics of the newspaper industry, the Government of India have decided to set up a Fact Finding Committee, consisting of non-officials and officials. The composition of the Committee is as follows:--CHAIRMAN 1. DR. BHABATOSH DATTA, retd. Professor of Economics, presidency College, Calcutta. MEMBERS 1. SHRI R. RAJAGOPALAN. Chief Cost Accounts Officer, ministry of Finance, New Delhi. 2. SHRI K. C. RAMAN, retd. Production Manager, m/s. Bennett Coleman and Co. Ltd. , bombay. 3. SHRI I. P. GUPTA, officer on Special Duty, central Board of Direct Taxes, new Delhi. 4. SHRI G. GOVINDAN. (Member Secretary), registrar of Newspapers for India, new Delhi. 2. The terms of reference of the Committee will be-- (i) to ascertain all the elements of the cost of production (including distribution to the reader) of the daily newspapers; and the relative magnitude of these elements in the different categories of newspapers; (ii) to ascertain all the different elements of the total revenue earned by the newspapers; and the relative magnitude of these elements in the different categories of newspapers; (iii) to study, under both the above items, the trends during the past few years and forecast, to the extent possible, the normal changes likely to occur in the next year or two; (iv) to evolve norms for different elements of expenditure from the point of view of reasonableness combined with efficiency and examine the prevailing levels of expenditure with reference to such norms; and (v) on the basis of the above studies to record its findings in regard to the effect of the restriction of news-print supplies to different categories oi newspapers and the fair prices to be charged by newspapers of different categories.

3. The Committee will consult newspaper managements and also working journalists, non-journalist workers and any other interested group that it may consider desirable to consult. 4. The Committee will meet as often as considered necessary. The Headquarters of the Committee will be at new Delhi but it may visit such place as considered necessary for a proper and comprehensive study of the various aspects of the newspaper industry. 5. The Committee will evolve its own procedure. 6. The Committee will report its findings as soon as possible but not later than six months from the date of its constitution. Sd/- (R. C. DUTT)Secy, to the Govt. of India. "

( 3 ) THE Committee by its letter dated September 5. 1972 issued a questionnaire and required all newspapers including the Statesman to answer the same. The Statesman did not answer the questionnaire. Many other newspaper proprietors also did not answer the same. It is now admitted that out of 821 daily newspapers only 150 have sent their answers to the questionnaire.

( 4 ) BY notification No. GSR/208 (F), dated April 26. 1973 published in 'the Gazette of India, the Government of India directed that all the provisions of the Commissions of Inquiry Act, 1952 (hereinafter referred to as the Act), other than the provisions of Sub-section (1) of Section 5