HC notice to govt on no newspaper distribution diktat

TNN | Apr 21, 2020, 04:31 IST

Nagpur: While issuing notices to the state and others, the Nagpur bench of the Bombay high court on Monday refused any interim relief in the petition filed by associations of journalists on the government’s move to prohibit door-to-door distribution of newspapers.
Also on Monday, the Aurangabad bench of the Bombay high court took suo motu cognisance of news reports regarding the government’s move on newspapers.
On Saturday, the government had cited the Covid-19 outbreak and the big spike in positive cases while issuing the notification which came into effect on Monday. The journalists’ association had demanded a stay on it.
Justice Nitin Sambre has issued notices to the state chief secretary, Union information and broadcasting ministry, DGIPR, Nagpur collector and Nagpur Municipal Corporation (NMC), apart from the state government. The next hearing is slated for Thursday.
The petitioners — Maharashtra Union of Working Journalists and Nagpur Union of Working Journalists — through counsel Deven Chauhan and others challenged the legality of the government’s circular of April 18 banning door-to-door delivery of newspapers across the state.
While terming the government’s decision as arbitrary, illogical and unconstitutional, the petitioners contended that it’s also a violation of the fundamental right to speech and expression.
Quoting the Union ministry’s advisory, the petitioners pointed out that it had directed all state and Union territories to ensure uninterrupted functioning of print and electronic media, including its printing and distribution.
“In newspaper distribution, there’s absolutely no interaction between hawker and reader. On the other hand, during home delivery of groceries and vegetables through e-platforms and permitting plumbers, mechanics and food delivery service, human interference is bound to take place,” the petitioner argued.
Justice Prasanna Varale of the Aurangabad bench of the HC appointed lawyer Satyajit Bora as amicus curiae and asked him to submit a PIL in the court on or before April 22.
The court also issued notice to the principal secretary of the state government’s general administration department.
Taking cognisance of news reports, the court observed that when the state government was permitting the purchase of newspapers at stalls, it failed to understand why door-to-door delivery had been prohibited.