KAILAISH VAKIL Vs. UNION OF IN INDIA

JUDGEMENT

(1.) Petitioner, Kamlaish Vakil, is the editor/owner of a Hindi daily "Bharti Vakil", printed and published from New Delhi. Petitioner claims that the predecessor of the present newspaper was 'Vakil', which was the oldest paper in Kashmir Valley. However, due to the militancy and the prevailing situation in the valley, petitioner shifted to Delhi being a displaced person and commenced publication of "Bharti Vakil" in 1994.

(2.) Necessary declarations for the newspaper "Bharti Vakil" were made under The Press Registration of Books Act, 1867, and it was granted Registration No.59300/94. The newspaper is also empanelled with Directorate of Advertising and Visual Publicity, hereinafter referred to as "DAVP", vide Code No.124790 HIM DLY(M). The DAVP had duly given the rate contract for the period 1.7.1999 to 30.6.2000, which enabled the petitioner's newspaper to receive Government advertisements. Petitioner claims that "Bharti Vakil" has a circulation of 30,000. Petitioner is aggrieved by the non-renewal of the rate contract by DAVP, which expired on 30.6.2000.

(3.) By the present writ petition, petitioner seeks a writ of certiorari for quashing the order and directions, contained in the impugned Annexures P-1,P-2 and P-9 to the writ petition. Annexure P-1 is the communication dated 4.8.2000 from the DAVP, by which the petitioner was informed of the decision dated 31.7.2000, of the Empanelment Committee that petitioner's paper was not suitable for the issue of rate renewal contract for the year 2000-01, for publication of Government advertisements. This was due to poor printing quality and there being no parity between the date of issue and the advertisement date. Petitioner was given the option to represent his case, if so desired, along with issues of last two months with discrepancies removed within 90 days from the date of issue of letter i.e. Annexure P-1. Annexure P-2 is the letter dated 8.9.2000, from the DAVP, vide which the petitioner was informed that the issues of June and July, 2000, sent by the petitioner vide letter of 8.8.2000, had been placed before the Empanelment Committee in a meeting held on 31.8.2000. The newspaper was not found suitable for issue of renewal of rate contract. Petitioner was asked to apply afresh with last six months issues after improving the quality of printing for Empanelment with DAVP. Annexure P-9 is the letter dated 19.1.2001 from the Joint Director (Advertising) to the Publisher of Samachar Post, which is another newspaper of the petitioner, enclosing the application form for fresh Empanelment/renewal of rate contract. Petitioner assails the form employed for granting Empanelment or renewal, as seeking unwarranted information and such information which transgresses into the field and domain of the statutory authority under The Press & Registration of Books Act, 1867.