HC stays PCI order rejecting member nominated by INS

The Delhi High Court has stayed an order of the Press Council of India (PCI) rejecting the nomination of Hormusji N Cama, owner of Mumbai Samachar Weekly, as a member of the 13th Press Council.

Notice to Centre

A Bench of Justice Rajiv Sahai Endlaw also issued notices to the Centre and the PCI for their response on the plea by the Indian Newspaper Society (INS) seeking appointment of Mr. Cama, a member of the INS, as a member of the council.

“Till the next date of hearing, no steps will be taken pursuant to order dated March 20, 2018 insofar as respondent no.3 [Mr. Cama] is concerned,” the court said, posting the case to July 30.

The INS has alleged that the PCI Chairman misread the provisions of the Press Council Act and “wrongly exercised” his power in rejecting the nomination of Mr. Cama for the 13th Press Council.

It said the PCI rejected the panel of names submitted by the INS by taking the view that it did not contain the mandatory 12 names for the six vacancies.

“Although the PCI Chairman took the view that the panel was defective as only eight names were provided, yet he purportedly examined the eligibility of each individual’s name in the panel,” the plea said.

Out of the eight names, Mr. Cama and Kalyan Barooah were held ineligible while the rest six were held eligible, the petition said.

Draw of lots

In a statement on Thursday, the PCI clarified that “selection, as envisaged in law, was done by draw of lots in the presence of representatives of the associations, including the Indian Newspaper Society.”

Responding to the allegation of biased decision while selecting the names of the persons by the INS in the category of Owners & Managers of Big, Medium & Small newspapers, the PCI said, “The whole process has been recorded in audio and video format and open for scrutiny.”

On Wednesday, the INS said it “is anguished over the recent unreasonable and biased decision of the Chairman, PCI, while selecting the names of persons to be nominated as members for a fresh term.”

The INS said it “strongly” disapproved of the “strategic manipulation of the entire process of nominating names,” which it stated “displayed a lack” of understanding of the Press Council Act.

The PCI is in the process of reconstituting its 13th council. The last PCI was constituted in October 2014 for a three-year tenure.