Gopal Dass Sharma v. the District Magistrate, Jammu & Anr.

Judgment

ORIGINAL JURISDICTION : Writ Petition No. 270 of 1972. Under Article 32 of the Constitution of India for the enforcement of fundamental rights. Petitioner appeared (n person. R. N. Sachthey for the respondents. The JudR1I1ent of the Court was delivered by RAY, J.-This writ petition is directed against an order dated 8 July, 1971 made by the District Magistrate, Jammu. The Distriot Magistrate by the said order under section 8B(ii). of the Press & Registra.(ion of Books Act 1867, referred ~o as the Act, cancelled the petitioner's declaration dated 23 Apnl, 1971. The petitioner is a citizen of India: "He is a pei;manent resident o,f the State of Jammu & Kashmir. On 2 June, 1970 he made an application to the District Magistrate, Jammu for permission to start a weekly paper in English from Jammu. The petitioner in accordance with the rules under the Act gave a list of 11 names in order of preference. The first preference given by the petitioner was "Blitzkrieg".

The petitioner on 9 February, 1971 mad~ a declaration under section 5 of the Act giving particulars of the newspaper, the title of the newspaper, the language in which it was to be published as also the periodicity of the publication. A second declaration was given by the. petitioner on 23 April, 1971. The second declaration was necessitated because of two changes. One was as regards the day of publication. It was shifted from Saturday 10 Tuesday. The other was with regard to the name of the. printing press. The District Magistrate, under section 6 of the Act. authenticated the declaration made by the petitioner. A declaration made under rules laid down in section 5. and authenticated under section 6 shall be necessary before the newspaper can be published. The first issue of the petitioner's weekly paper was published un 20 March, 1971.

Some time in the month of July 1971 the petitioner was served with a notice dated 7 July, 1971 asking him to show cause why the declaration dated 23 April, 1971 might not be cancelled inasmuch as the petitioner's title of the weekly newspaper Blitzkrieg was similar to that of Blitz -published from Bombay. The petitioner was asked to show cause by 8 August, 1971. The petitioner came to know on 16 July 1971 from the notice dated 13 July, 1971 served upon the Keeper of the Printing Press where the ·petitioner printed the issue of his paper that the declaration of the petitioner for 'Blitzkrieg' had been cancelled by the Distcict Magistrate, Jammu by an order dated 8 July, 1971. The petitioner alleges the District Magistrate's displeasure with the petitioner. Though :the District Magistrate in the notio~ dated 7 July, 1971 gave the petitioner one month's time till 8 August, 1971 to show cause, yet the District Magi~trate cancelled the petitioner's declaration on ~ July, 1971. G. D. SHARMA v. DIST.

MAGISTRATE (Ray, J.) The petitioner challenges the validity of the order. The petitioner alleges the order to be violative of his fundamental rights to carry on occupation, trade or blusiness. The District Magistrate in his allidavit alleged tlfat in the notice dated 7 July 1971 the date 8 August, 1971 was a typing error. Therefore, ~ an order dated 8 November the notice was withdrawn and a fresh notice was served on the petitioner to show cause by 20 November. 1971 as to why his declaration should not be cancelled. The petitioner obtained a rule on 2 August, 1971. It apparent that the District Magistrati: took tlie. steps after the pelltioner had exposed the wrongful and iJlegaJ acts. The cancellation of the declaration is made under section 8B of the Act. The Magistrate is to give a notice to the person concerned. An opportunity. is to be given to show cause against the action proposed. An enquiry is to be held.

An opportunity is to be giv_51n .to the person concerned to being hear.ct. If the Magistrate is thereafter satisfied that (a) the newspaper. is published in contravention of the provisions of the Act or rules ma.de thereunder, or ( b) the newspaper mentioned in the declaration bears a title whiCh is the same as, or similar to, that of any other newspaper published either in the same lanjl,uage or in the same State, or ( c) the printer or publisher has ceased to be the printer or publisher of the newspaper mentioned in· such declaration, or ( d) 'lhe decla~ation was made on false representation or on the coneealment of any material fact or in respect of i1 periodical work which is not a newspaper, the Magistrate may, by order, cancel the declaration. In the present case the respondents justify the cancellation on the ground that the title of Blitzkrieg is t!ie same as that of Blitz.

In the affidavit t~ District Magistrate stated that the title of Bliltzkrieg "had been inadvertently cleared in favour of' the petitioner. That is not a ground for cancellation of declaration. The petitioner !!ave th·~ tit17 Blitzkrieg as the first in order of preference. 11 lltles were given. The Magistrate authenticated the petitiqner.'.s declaration in. respect of the title Blitzkrieg. The newspaper Bhtz cannot be said to be either a recent publication or to be unknown. The petitioner contended that Blitz and Blitzkrieg were different titles. So they are. . The ca_nceUation was ."!'rongful. It was hasty. No opportumty wa~ given to the pel!!Ioner. The explanation of a typing err?r with repai:d to th: date indicates the unseemly haste with which the D1stnct Magistrate took action against the petitioner. (1973] 2 S.C.R, le was said on behalf of the respomfonts that the petitioner had a right of 11-ppeal under section 8C of the Act.

1t is also said that no fundamell'tal right of the petitioner was infringed by the cancellation. The petitioner's fundamental right to carry on the occupation of editor of newspaper as well as business of publishing a newspaper is infringed by the illegal act. The order of the District Magistrate dated 8 July 1971 cancelling the petitioner's declaration is quashed. We have taken notice of the subsequent event during the pendency of this rule when the Distriet Magistrate issued another notice dated 9 November, 1971 asking the petitfoner to show cause why the declaration should not be cancelled. That notice dated 9 November, 1971 is ·also qqashed. There will be no order as to costs. V.P.S. Petition allowed.