LAWS(MAD)-1976-11-46

THELLUR M. DHARMARAJAN, EDITOR, "VIDIVELLI", TAMIL DAILY AND ORS. Vs. THE UNION OF INDIA (UOI), REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS AND ORS.

Decided On November 10, 1976
Thellur M. Dharmarajan, Editor, "Vidivelli", Tamil Daily And Ors. Appellant
V/S
The Union Of India (Uoi), Represented By The Secretary To Government, Ministry Of Home Affairs And Ors. Respondents

JUDGEMENT

(1.) THIS group of writ petitions challenges the validity of certain orders of pre -censorship passed by the censoring authorities on three newspapers. W.P. Nos. 388, 663, 846, 992 and 1909 have been filed in regard to pre -censorship orders directed against a Tamil daily by name 'Murasoli'. in W.P. No. 1909 of 1976 the prayer, as amended, is for quashing (i) a statutory order of the Government of India dated 23rd June, 1976 passed in exercise of its powers under Rule 48 (1) of the Defence and Internal Security of India Rules, 1971, and (ii), an order passed by the State Censor on 24th June, 1976 in exercise of his powers under Rule 48(1)(aa) of the Defence of Internal Security of India Rules, 1971. The other writ petitions filed on behalf of 'Murasoli' relate to individual orders of the Censoring Officer in respect of particular matters sought to be published in that daily. Mr. K.K. Venugopal appearing for the petitioner in the batch of writ petitions relating to 'Murasoli', however, argued the questions arising in W.P. No. 1909 of 1976 as covering the issues raised in the other writ petitions.

(2.) W .P. No. 7267 of 1975 has been filed by the Editor of a Tamil daily going under the name 'Vidivelli'. The relief prayed for in the writ petition is to issue an order or direction to the Union of India and the Press Censor Officer, Madras, directing them to forbear from censoring the publication of the daily 'Vidivelli' of news, comments, opinions etc., expressive of a political party called the Tamil Nadu Congress Organisation. Mr. U.N.R. Rao, learned Counsel appearing for 'Vidivelli', merely adopted the contentions put forward by Mr. K.K. Venugopal in regard to the other group of writ petitions.

(3.) MR . V. Venkataraman, learned Counsel for 'Theekkadir', while adopting the arguments of Mr. K.K. Venugopal, in the other group of writ petitions, also put forward some submissions of his own peculiar to the periodical 'Theekkadir' which we shall consider in due course.