Supreme Court Grants Interim Relief To 'Punjab Kesari' Newspaper, Bars Punjab State Action Against Printing Press

The Supreme Court on Tuesday directed the State of Punjab not to take any coercive steps against the publication of the 'Punjab Kesari' newspaper, while the judgment by the Punjab and Haryana High Court on the petition filed by the management against the State's actions is awaited.

The Court ordered that the printing press of the newspaper shall function uninterruptedly, subject to the judgment of the High Court. The interim order will continue till the pronouncement of the judgment of the High Court and for a week thereafter, to enable the parties to seek appellate remedies.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi passed the order after Senior Advocate Mukul Rohatgi made an oral mention this morning on behalf of the newspaper.

Saying that "he was mentioning an extraordinary matter", Rohatgi said that after the newspaper published certain articles critical of the State dispensation, various coercive actions were initiated against the management, including cutting off the electricity, notices by the Pollution Control Board against the press, shutting down of the hotels run by the newspaper owners, FIRs etc. "All this happened in a matter of two days because we published articles which are not favourable to the dispensation in Punjab," Rohatgi said. The press working for last twenty years has been directed to be immediately closed over some alleged water pollution issue.

Rohatgi submitted that though the Punjab and Haryana High Court yesterday reserved judgment on the newspaper owners' petition, no interim relief was granted. Hence, they have filed a Special Leave Petition today, Rohatgi informed. He requested an urgent hearing today itself. "Press cannot be stopped because you have published some articles," he said.

Senior Advocate Shadan Farasat, Additional Advocate General of Punjab, submitted that all steps were taken by the State strictly in accordance with the law. He said that the High Court has already reserved judgment on the matter and the judgment is expected soon, either today or tomorrow. "The matter can certainly wait. The actions are exactly as per the book in terms of the Pollution Control law. They are making something else out of it. Whatever action was needed, it has already been taken; we are not going to take further action," he submitted.

"It is alright. Newspaper cannot be stopped," CJI Surya Kant told the Punjab AAG. Farasat said that only one unit has been directed to be closed due to pollution issue, and it is incorrect to say that the entire newspaper has been shut.

"Don't close the newspaper part. Hotel or other commercial establishment, one can understand, can be closed for a few days. But allow the newspaper," CJI Kant said. Farasat said that liquor bottles were found in the press. "Two bottles were found, and because of that you will close the paper," Rohatgi retorted.

The bench observed in the order :

"Without prejudice to the rights of both sides, and without expressing any opinion on the merits of the case, it is directed that the printing press of Punjab Kesari newspaper shall continue to function uninterruptedly. However, with respect to the other commercial establishments, be it the hotel etc, status quo shall be maintained. This interim arrangement is made till the pronouncement of the judgment of the High Court and one week more to enable the aggrieved party to approach the appropriate forum."