PRESS COUNCIL OF INDIA Vs. PRESS CLUB, MUMBAI

JUDGEMENT

(1.) This intra-Court appeal takes exception to the judgment and order dtd. 22/11/2024 passed by the learned Single Judge whereby W.P.(C.) No. 16202/2024 filed by the respondent No.1 - petitioner (the Press Club, Mumbai) has been allowed and the recommendation of the Scrutiny Committee dtd. 10/9/2024 so far as it relates to respondent No.1 whereby it was not included in the list of notified "associations of persons" for the purposes of re-constitution of the 15th Press Council of India (the appellant), has been quashed.

(2.) Press Council of India is a statutory body incorporated under Sec. 4 of the Press Council Act, 1978 (hereinafter referred to as the "Act") and is a body corporate having perpetual succession and a common seal.

(3.) Sec. 5 of the Act provides for composition of the Council which consists of a Chairman and twenty eight other Members. Out of twenty eight other Members of the Council, thirteen are nominated from amongst the working Journalists of whom six are Editors of newspapers and seven are working Journalists other than Editors. Six persons are to be nominated from amongst persons who own or carry on business of management of newspapers. One Member is nominated amongst persons who manage news agencies and three persons are those who have special knowledge or practical experience in education, science, law and literature and culture, of whom one is nominated by University Grants Commission, one by the Bar Council of India and one by the Sahitya Academy. Rest five Members are Members of Parliament of whom three are nominated by the Speaker from amongst the Members of the Lok Sabha and two are nominated by the Chairman of the Rajya Sabha from amongst its Members. For the purposes of nomination of thirteen Members from amongst working Journalists and also for nominating six persons from amongst persons who own or carrying on business of management of newspapers and also for nominating one Member from persons who manage news agencies, the retiring Chairperson of the previous Council has to invite panels of names comprising twice the number of Members to be nominated, from "associations of persons" of the working Journalists, those who own or carry on the business of management of newspapers and also those who manage news agencies. All persons are nominated as Members of the Council by the Council except in the case of the First Council and on nomination of persons as Members, the Central Government notifies names of persons nominated by the Council. So far as the present case is concerned, we are concerned with nominations of working Journalists in terms of Sec. 5(3)(a) of the Act.