Shouldn't Seem That Government Is Preferring One Newspaper Over Other: Supreme Court In 'Eenadu' Plea Against AP Govt Order

While hearing a plea filed by the management of Telugu daily "Eanadu" against a scheme of the Andhra Pradesh Government which allegedly promotes the "Sakshi" daily controlled by the Chief Minister, the Supreme Court on Monday orally remarked, "it should not really appear that the government is making one newspaper a preferred newspaper".

The Government Order in question sanctioned Rs.200/- per month from the State funds as additional financial support for each Gram Volunteer/Ward Volunteer to enable them to purchase one widely circulated Telugu newspaper which gives them more knowledge and awareness on contemporary issues and information on Government schemes. 

 Ushodaya Publications, which owns "Eenadu", alleges that the price ceiling in GO is fixed in a manner so as to promote "Sakshi". It was pointed out that the monthly subscription charge of "Sakshi" was Rs.176.50 per month, whereas, the charge for "Eenadu" was Rs.207.50 per month. It was contended that the government had purposely fixed the additional grant of Rs.200/- per month to suit the monthly subscription charges of "Sakshi" to help the newspaper grow over and above the circulation of "Eenadu". Ushodaya approached the Supreme Court after the Telangana High Court refused to stay the GO.

The matter was listed before a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. 

At the outset, Senior Advocate CS Vaidyanathan, appearing for the Government of Andhra Pradesh submitted that the plea was listed before the High Court on 21st March 2023. However, Senior Advocate Mukul Rohatgi, appearing for Ushodaya Publications, submitted–

"This is a matter in which it is virtually a state newspaper. How can a state have its own newspaper? This should be heard by this court now. This is too important an issue." 

CJI DY Chandrachud orally remarked–

"Mr Vaidyanathan, According to them, you have fixed the amount at Rs. 200. They say that the only newspaper which is under Rs. 200 is Sakshi. It should not really appear that the government is making one newspaper a preferred newspaper. So long as the ceiling which you fix allows for a number of newspaper to have a level playing field, that should serve the purpose. Rs 200 is very obvious."

The bench then enquired who the volunteers were. Rohatgi responded that the volunteers were those who are supporting the government. "You can call them party workers, call them supporters," added Rohatgi. Per contra, Vaidyanathan argued that the volunteers were people who were selected specifically by a selection committee after an interview process.

When the bench asked Vaidyanathan how it could be ensured that there was a level playing field for all newspapers, he responded–

"We offered in the court that we will increase the ceiling limit amount."

However, Rohatgi was not happy with the suggestion and said that the volunteers were still party workers who would not opt for Eenadu even if the ceiling amount was increased. To this, CJI Chandrachud orally remarked–

"Your whole petition was this that I am the only person whose subscription is Rs.206 and therefore I want to the frame. Now if they take the wind out of your sale and say look we will increase the ceiling to Rs 210, then what is the problem?"

Justice Narasimha added–

"You also want to bite. You are not challenging the validity or the correctness of the scheme. The scheme is good enough. But instead of giving it to Sakshi, give it to all"

The bench contemplated transferring the plea to the Delhi High Court but eventually decided to list it on 17th April 2023.

The petitioner had first approached the Andhra Pradesh High Court praying for an ex parte ad interim direction suspending or staying the operation of the impugned GO. The GO in question sanctioned Rs.200/- per month from the State funds as additional financial support for each Gram Volunteer/Ward Volunteer to enable them to purchase one widely circulated Telugu newspaper which gives them more knowledge and awareness on contemporary issues and information on Government schemes. The Andhra Pradesh High Court, while rejecting the plea to stay the GO, stated that there was no material showing that the GO instructed the Gram Volunteers/Ward Volunteers and Village Secretariats/Ward Secretariats to subscribe to "Sakshi". The petitioner argued before the court that the subscription charge of "Sakshi" was Rs.176.50 per month. On the other hand, the charge for "Eenadu" was Rs.207.50 per month. Thus, the government had purposely fixed the additional grant of Rs.200/- per month to suit the monthly subscription charges of "Sakshi" to help the newspaper grow over and above the circulation of "Eenadu", the petitioner's newspaper.

Case Title: Ushodaya Enterprises v. State of Andhra Pradesh | SLP(C) No. 4855-4857/2023

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