PRESIDENT, INDIAN LANGUAGES NEWSPAPERS ASSOCIATION Vs. THE REGISTRAR OF NEWSPAPERS FOR INDIA, MINISTRY OF INFORMATION AND BROADCASTING

JUDGEMENT

(1.) THE order dated 9th July 2007 issued by the Registrar of Newspapers for India ('RNI') has been challenged by the Indian Languages Newspapers Association as being ultra vires the provisions of Press and Registration of Books Act, 1867 ('PRB Act'). The impugned order, inter alia mandates audit of the circulation data of newspapers by private external auditors.

(2.) THE relevant portion of the impugned order dated 9th July 2007 issued by the RNI reads as under:

(3.) LEARNED Counsel for the Petitioner submits that under Section 19F of the PRB Act, the Press Registrar or any gazetted officer authorized by him in writing has the right to access the records and documents of a newspaper publisher. The impugned order in so far as it permits chartered accountants, who are not gazette officers authorized by the Press Registrar, to access information relating to the newspapers is violative of Section 19F of the PRB Act. It is further submitted that the powers of the Press Registrar to inspect the premises of a newspaper published can be delegated, if at all, to an officer subordinate to the Press Registrar in terms of Section 19I of the PRB Act. Thirdly, it is submitted that the requirement under the impugned order that the fees and expenses payable to the auditors should be reimbursed by the newspaper concerned places a heavy financial burden on the newspapers and is without any authority of law. It is submitted that for many years in the past the work of verification of the records of the newspapers has been undertaken by the Press Registrar and his duly authorized subordinates.