JUDGMENT

SANJEEV NARULA, J. (Oral):

CM APPL. 68089/2024 (Exemption)

1. Exemption is granted, subject to all just exceptions.

2. The Applicant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. Accordingly, the application stands disposed of.

Signature Not Verified Digitally Signed W.P.(C) 16202/2024 Page 1 of 12 W.P.(C) 16202/2024 & CM APPL. 68088/2024 (for stay)

4. The present petition, inter-alia, seeks quashing of the recommendation of the Scrutiny Committee as contained in the report dated 10th September, 20241 regarding the claim filed by the Petitioner. Considering the nature of the controversy, the Impugned decision and the relief sought, the Court has not called for a reply and instead heard the parties at length at the admission stage itself.

The Parties

5. The Petitioner - Press Club, Mumbai, formerly known as Press Club, Bombay, is a society registered under the Societies Registration Act, 1860 since 1971. Respondent No. 1 is the Press Council of India, a statutory quasi-judicial autonomous authority established under the Press Council Act, 1978.2 Respondent No. 2 is the Ministry of Information and Broadcasting. Respondents No.3 to 5 are ex-members of the Scrutiny Committee of Respondent No.1.

Factual Background

6. On 05th February, 2021, in exercise of the powers conferred under the PC Act, the Central Government notified the Press Council (Procedure for Notification or Associations of Persons) Rules, 2021.3 In accordance with these rules, the retiring chairman of the previous council invites eligible associations of persons to submit claims for the purpose of notifying the respective associations. The claims filed by the Association of Persons are to be scrutinised by a Scrutiny Committee who submit a report to Respondent No.1. After considering the said report, Respondent No.1 takes appropriate

1 “Impugned recommendation”

2 “PC Act”

Signature Not Verified Digitally Signed W.P.(C) 16202/2024 Page 2 of 12 decision and notifies the Association of Persons. This notification enables such associations to propose panels of names for the constitution of the Press Council.

7. The term of the 14th Press council expired on 05th October, 2024 necessitating its reconstitution for the 15th term. Accordingly, on 9th June 2024, Respondent No. 1 invited claims for notification under Section 5(4) read with Section 5(3)(a), (b) and (c) of the PC Act for the purpose of nominating thirteen working journalists.

8. In response, the Petitioner submitted the requisite documents to demonstrate their eligibility in accordance with the criteria set out in Rule 4 of the PC Rules, 2021.

9. On 25th July 2024, Respondent No. 1 published a notice listing the associations of persons who had filed their claims within the stipulated time for the 15th Press Council. Through this notice, Respondent No. 1 also invited objections regarding the eligibility of any claimant associations.

10. Subsequently, on 05th August, 2024, Respondent No. 1 held a meeting to decide various the agenda/items including reconstitution of the council for its 15th term. Consequently, a Scrutiny Committee was constituted under Rule 5 of the PC Rules for scrutinising the claims submitted by various stakeholders and to prepare a report for submission to the Council.

11. On 12th August, 2024, the Committee deliberated on the applications received for nominations. On 10th September, 2024 the Convenor of the Scrutiny Committee submitted their Scrutiny Committee Report for notifying the associations of persons for its 15th term. The Petitioner’s application was among those rejected. The specific reasons for the rejection, 3 “PC Rules”

Signature Not Verified Digitally Signed W.P.(C) 16202/2024 Page 3 of 12 as set out in the Scrutiny Committee report, is detailed below: