TAHIR MOHIUDDIN Vs. U O I

JUDGEMENT

(1.) Petitioner is a senior journalist and proprietor, printer, publisher and editor of daily Chattan, Srinagar, Respondent No. 4 is a budding journalist keen to publish a newspaper from Srinagar. The petitioner sometime in 2009 decided to publish another newspaper in English and Urdu language under title 'Kashmir Today'. He proposed to publish it from J-39, Jawahar Nagar, Srinagar. He approached Registrar of Newspapers for India, New Delhi-Respondent No. 2 herein, to find out whether any newspaper titled "Kashmir Today" was published in the country so that he would publish the proposed newspaper under the said name in English and Urdu languages from Srinagar.

(2.) The respondent No. 2 vide letter dated 7-9-2009 informed District Magistrate, Srinagar-respondent No. 3 herein, that the title was free and available. The District Magistrate, Srinagar, vide communication dated 27-4-2011 issued the authentication letter in favour of the petitioner. A copy of the authentication letter was sent to respondent No. 2 for necessary action. In terms of the authentication letter, the declaration made was to lose its force unless publication of the proposed newspaper i.e. 'Kashmir Today' was commenced within six weeks from the date of the letter. This apart, the petitioner was required to submit all the documents mentioned in the authentication letter after the publication of first issue within the period laid down therein and the title was to be treated free in the event of his failure to submit the documents within the said timeframe.

(3.) Petitioner claims to have published the first issue of the newspaper 'Kashmir Today' in Urdu and English on 25th May 2011 and therefore fulfilled the first condition laid down in the authentication letter. He further claims to have submitted all the necessary papers required for registration of the newspapers within six weeks. The petitioner's case is that in view of fulfillment of all necessary conditions laid down in the authentication letter dated 27-4-2011, the respondent No. 2 was under an obligation in terms of Section 19C, The Press and Publication of Books Act, to issue Certification of Registration in favour of the petitioner. He is aggrieved that the respondent No. 2 avoided to issue the Certificate of Registration in his favour and instead the title "Kashmir Today" was shown in the official website as deleted from the name of the petitioner.