LAWS(TRIP)-2020-8-41

DAILY DESHER KATHA TRUST Vs. STATE OF TRIPURA

Decided On August 14, 2020
Daily Desher Katha Trust Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) By means of this writ petition, the petitioners have challenged the order under No. F.8(27)/SDM/SDR/JDL/08/1517 dated 01.10.2018 (part of Annexure-15 to the writ petition) issued by the Sub-Divisional Magistrate (SDM, for short), Sadar and the order No. RC23/01/2018-R3 dated 01.10.2018 delivered in case No. 01 of 2018 by the District Magistrate, West Tripura (part of Annexure-15 to the writ petition).

(2.) The petitioner has also challenged the consequential order dated RC23/01/2018-R3 dated 01.10.2018 (Annexure-4 to the writ petition) whereby the office of the Registrar of Newspapers for India (RNI, for short) has annulled the certificate of registration issued vide letter No. RC23/01/2018-R3 dated 01.10.2018 as invalid and the said certificate of registration has been recalled by the RNI.

(3.) In the order dated 01.10.2018 passed by the District Magistrate, West Tripura it has been observed that the SDM, Sadar has cancelled the declaration under No. F.8(27)/SDM/SDR/ JDL/08/1517 dated 01.10.2018 (a copy is attached with the said order). As sequel, the RNI, as it appears, was requested to immediately cancel the certificate of registration given on 01.10.2018 showing Sri Samir Paul as the printer, editor and publisher, issued by the Additional Press Registrar inasmuch as the declaration based on which the said certificate of registration was issued stood cancelled by the said order dated 01.10.2018 issued by the SDM, Sadar. It has been observed thereafter, that ownership of the newspaper [Daily Desher Katha] was changed. Previously, the Communist Party of India (Marxist) was admittedly the owner of Daily Desher Katha [the newspaper] but in the newspaper the Daily Desher Katha Trust is printed as the owner. Being asked, the authorized representative (the lawyer of the newspaper) had failed to produce the certified copy of the declaration for transfer of ownership from CPI(M) to Daily Desher Katha Trust.