The court ruled that censure and suspension orders were invalid due to failure to provide due process and lack of jurisdiction, emphasizing strict adherence to procedural rules in statutory penalties.

1. “Hari Bhoomi” is a national level daily newspaper owned by Hari Bhoomi Communications Private Limited, the petitioner herein, which is a company registered under the provisions of the Indian Companies Act , 1956. The petitioner has filed this writ petition impugning legality, validity and correctness of order dated 3-3-2017 passed by Press Council of India (hereinafter called as 'PCI') and also calling in question the order dated 13-9-2017 passed by the Directorate of Advertising and Visual Publicity (hereinafter called as 'DAVP') suspending the petitioner from DAVP panel for a period of two months with effect from 13-9-2017 to 12-11-2017 in exercise of power conferred under Clause 25(d) of the Print Media Advertisement Policy , 2016, as procedurally ultra vires and contrary to law.

2. Essential facts, shorn of all paraphernalia to adjudicate legality and validity of the impugned orders, as mentioned herein - above, are as under: -

2.1) Election Commission of India (hereinafter called as 'ECI') issued notification for General Elections, 2014 on 5-3-2014. The election period can be presumed from 5-3-2014 to 28-5-2014. During the aforesaid period, on 12-4-2014, the newspaper owned by the petitioner namely Hari Bhoomi, Raipur Edition, published a news item under the caption “Saroj sindagisava do lag voto se : prem prakash". A complaint to this effect was made and the said complaint was taken cognizance of by the Chief Electoral Officer (CEO), Chhattisgarh, which was forwarded by the CEO to the ECI and the ECI, acting through Mr. S.K. Das, Under Secretary, ECI, forwarded it to the PCI terming the published news as suspected paid news case by memo dated 20-1-2015.

2.2) On receipt of the said letter along with the suspected case of published news from the ECI, PCI issued show cause notice to the petitioner on 18-4-2016 and getting no response, the matter was referred to the enquiry committee of PCI constituted under S.8(1) of the Press Council Act , 1978 (hereinafter called as the 'PC Act'). The enquiry committee of PCI sought certain information from ECI on 20-5-2015 followed by reminder dated 3-7-2015, but could not get any response from ECI and the enquiry committee (PCI) held its meeting at Lucknow on 15-12-2016 and in that meeting it was observed that despite notice, the petitioner did not appear before the said committee and the said committee after due consideration, recommended to PCI that Dainik Hari Boomi newspaper be censured. PCI on consideration of record and recommendation of the enquiry committee, accepted the reasons and finding, and decided to censure the newspaper Hari Bhoomi by its order dated 3-3-2017 under S.14(1) of the PC Act and also forwarded a copy to respondent No.2 DAVP for necessary action.

2.3) Respondent No.2 / DAVP in exercise of power conferred on the Director General, DAVP vide clause 25(d) of the Print Media Advertisement Policy , 2016, decided to suspend Hari Bhoomi newspaper from their panel for two months from 13-9-2017 to 12-11-2017. Feeling aggrieved and dissatisfied with the order passed by PCI dated 3-3-2017 inflicting penalty of censure upon the petitioner's owned Hari Bhoomi daily newspaper and consequent action of the DAVP suspending the newspaper from DAVP panel for two months, this writ petition has been filed by the petitioner questioning legality, validity and correctness of the orders as unsustainable and bad in law.

2.4) Pursuant to the notice issued by this Court, notice was duly served along with the copy of writ petition to respondent No.1 (PCI) on 16-10-2017, but despite due service of notice with petition, no one has entered into appearance on its behalf

2.5) Respondent No.2 DAVP has filed its return opposing the writ petition justifying the suspension of empanelment of the petitioner for the purpose of issuance of advertisement for two months stating inter alia that the order has been passed on the basis of order dated 3-3-2017 passed by PCI under S.14 of the PC Act.

2.6) Respo