SUMAN NAG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged the order No.F.6(298)/DM/S/JDL/PRB Act/P-I/2021/280 dtd. 18/9/2021 issued by the District Magistrate, South Tripura Belonia [Annexure-9 to the writ petition]. In addition thereto, the petitioner has urged for a writ of prohibition against the respondents restraining them from acting in furtherance of the said order dtd. 18/9/2021.

(2.) The petitioner started publishing a vernacular newspaper namely Kalamer Shakti (Bengali daily) since 23/11/2017. The petitioner decided to change the language of the newspaper and accordingly, the declaration under Sec. 5(2D) of Press and Registration of Books Act, 1867, PRB Act, in short was made. The said declaration was authenticated on 17/6/2021 by the respondent No.2 [the District Magistrate, South Tripura] under Sec. 6 of the PRB Act. After three months of filing the said declaration, the respondent No.2 issued a show cause notice to the petitioner [Annexure-3 to the writ petition]. By the said show cause notice, the petitioner has been asked to explain how the said newspaper commenced its publication as an English daily without any certificate of registration as required under Sec. 19(C) of the said Act. For publication of the English daily how the petitioner has used the same RNI number being TRIBEN10404 which was earlier used for the Bengali daily under the same title which has however ceased its publication. It has been also revealed in the said notice that the discrepancy letter was issued to the petitioner by the sec. officer/Registration Supervisor, for the Registrar of Newspaper in India by the letter No.23/10/2017-R3 dtd. 25/10/2017, the reply of which has not been received from the petitioner. Finally, the petitioner was asked to give his reply within three days from the date of the receipt of the reply to the respondent No.2 why the appropriate action would not be taken against him.

(3.) The petitioner filed his reply [Annexure-4 to the writ petition] but there is no date in the copy that has been enclosed with the writ petition. In the reply, the petitioner has stated as follows :