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2023 Supreme(Telangana) 742
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Alok Aradhe, N.V.Shravan Kumar, JJ.
V.Venkataramanaiah - Appellant
Versus
Union of India - Respondent
Writ Petition No. 9025 of 2005
Decided On : 29-09-2023
IMPORTANT POINT
The central legal point established in the judgment is the constitutionality of regulatory provisions under the Press and Registration of Books Act, 1867, in relation to the fundamental rights guaranteed under Articles 14, 19(1), and 21 of the Constitution of India, emphasizing the principles of reasonable classification, permissible restrictions, and the burden of proof on the challenging party.
Headnote:
Press and Registration of Books Act - Validity of Ss. 5, 6 and 15 - Summary of Acts and Sections: Ss. 5, 6, 15 of the Press and Registration of Books Act, 1867 - The court discussed the provisions of Ss. 5, 6, and 15 of the Act, which regulate the publication of newspapers, authentication of declaration, and penalty for printing or publishing newspapers without conforming to rules. The court highlighted the definitions of 'book' and 'newspaper' under Sec. 1 of the Act and provided a detailed analysis of the requirements and procedures prescribed under Ss. 5 and 6. The court also discussed the penalty provision under Sec. 15 and the constitutional validity of the Act, emphasizing the principles of reasonable classification and the permissible restrictions on fundamental rights under Articles 14, 19(1), and 21 of the Constitution of India.
Fact of the Case:
The petitioners challenged the validity of Ss. 5, 6, and 15 of the Press and Registration of Books Act, 1867, alleging violation of fundamental rights guaranteed under Articles 14, 19(1), and 21 of the Constitution of India. The petitioners printed and published a law journal online and faced issues with the application process for verification of title, leading to the filing of the writ petition.
Finding of the Court:
The court analyzed the provisions of the Act, emphasizing the regulatory objectives and the constitutionality of the challenged sections. It held that the provisions were intra vires and did not infringe the fundamental rights of the petitioners under the Constitution of India. The writ petition was dismissed, and the provisions of the Act were upheld as valid and not arbitrary or discriminatory.
Issues: The issues revolved around the validity of Ss. 5, 6, and 15 of the Act in relation to the petitioners' fundamental rights under Articles 14, 19(1), and 21 of the Constitution of India, as well as the regulatory requirements for publication of newspapers and the application process for verification of title.
Ratio Decidendi: The court emphasized the principles of reasonable classification, the permissible restrictions on fundamental rights, and the nexus between the basis of classification and the legislative objectives. It highlighted the burden of proof on the party challenging the constitutional validity and the need for specific averments and material to establish the infringement of rights under Article 14. The court also underscored the regulatory nature of the provisions and their alignment with the reasonable restrictions under Article 19(2) of the Constitution of India.
Final Decision: The writ petition was dismissed, upholding the validity of Ss. 5, 6, and 15 of the Act. The court held that the provisions were intra vires and did not violate the fundamental rights of the petitioners under the Constitution of India.
JUDGMENT
ALOK ARADHE, CJ. - Mr. I.Mallikarjuna Sharma, learned counsel for the petitioners. Ms. K.Mani Deepika, learned counsel for respondents No.1 to 3.
2. In this writ petition, the petitioners have assailed the validity of Ss. 5, 6 and 15 of the Press and Registration of Books Act, 1867 (hereinafter referred to as, "the Act").
3. The facts giving rise to filing of this writ petition briefly stated are that the petitioners print and publish fortnightly law journal, namely Law Animated World. Admittedly, the aforesaid law journal is now being published only online.
4. The petitioner No.4, namely I.Balamani, submitted an application on 16/8/2004 to the Magistrate for Newspapers enclosing an application in Annexure-III to the Registrar of Newspapers for India for verification of title. However, the said application was not forwarded to the Registrar of Newspapers for India even after two months on the ground that the user charges of Rs.2,000.00 were not paid by the petitioners. The petitioner No.4 thereupon made a complaint on 16/10/2004 to respondent No.5 stating that the demand of user charges to the extent of Rs.2,000.00 is arbitrary and illegal.
5. The petitioners filed this writ petition on 19/4/2005 in which the validity of Ss. 5, 6 and 15 of the Act has been assailed on the ground that the same are violative of the fundamental rights guaranteed to the petitioners under Articles 14, 19(1) and 21 of the Constitution of India.
6. Learned counsel for the petitioners submitted that Sec. 5 of the Act prescribes the rules only as to publication of newspapers, whereas the same requirement is not prescribed in respect of books. It is therefore submitted that Sec. 5 of the Act is violative of Article 14 of the Constitution of India. It is contended that the requirement contained in Ss. 5 and 6 of the Act is violative of the fundamental rights guaranteed to the petitioners under Article 19(1) of the Constitution of India and the procedure prescribed in Ss. 5 and 6 is not reasonable, fair and just. Therefore, the same constitutes infraction of Article 21 of the Constitution of India.
7. On the other hand, learned counsel for respondents No.1 to 3 has submitted that the provisions of the Act are intra vires and have been enacted to lend certain discipline to the exercise of printing of newspapers.
8. We have considered the submissions made by both sides and have perused the record.
9. The Act is enacted with an object of regulating the printing presses and newspapers, for the preservation of copies of books and newspapers printed in India and for the registration of such books and newspapers. The said Act has been amended by the Jan Vishwas (Amendment of Provisions) Act, 2023. However, by the aforesaid amendment, Ss. 5, 6 and 15 of the Act have not been amended.
10. Sec. 1 of the Act is the definitions Sec. in which the expressions "book" and "newspaper" have been defined as under:
"Book" includes every volume, part of a volume, and pamphlet, in any language and every sheet of music, map, chart or plan separately printed. "Newspaper" means any printed periodical work containing public news or comments on public news.
11. Sec. 5 of the Act deals with the rules as to publication of newspapers, whereas Sec. 6 of the Act deals with authentication of declaration. Ss. 5 and 6 of the Act are extracted below for the facility of reference:
5. Rules as to publication of newspapers:-No newspaper shall be published in India except in conformity with the rules hereinafter laid down:
(1) Without prejudice to the provisions of Sec. 3, every copy of every such newspaper shall contain the names of the owner and editor thereof printed clearly on such copy and also the date of its publication.
(2) The printer and the publisher of every such newspaper shall appear in person or by agent authorised in this behalf in accordance with rules made under Sec. 20, before a District, Presidency or Sub-Divisional Magistrate within whose local jurisdiction such new
