Newspapers can't be stopped: SC restrains PCB action against Punjab Kesari

Observing that “newspapers cannot be stopped”, the Supreme Court of India on Tuesday directed the Punjab government and the PSPCB (Punjab State Pollution Control Board) not to take any coercive steps against the publication of the Punjab Kesari in the state.

Taking up the newspaper group’s plea on an urgent oral mentioning, the court ordered that the printing presses of the Hindi daily shall continue to function uninterruptedly, notwithstanding the PSPCB’s decision to snap power supply over alleged violations.

A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi said the interim protection would remain effective until the Punjab and Haryana High Court pronounces its verdict on the newspaper group’s petition challenging the state’s actions, and for one additional week thereafter.

“Without prejudice to the rights of both sides, and without expressing any opinion on the merits of the case, it is directed that the printing press of Punjab Kesari newspaper shall continue to function uninterruptedly. However, status quo shall be maintained with respect to the other commercial establishments, be it the hotel etc.

“This interim arrangement is made till the pronouncement of the judgment of the high court and one week more to enable the aggrieved party to approach the appropriate forum,” the Bench said after a brief hearing.

At the outset, senior advocate Mukul Rohatgi, appearing for the newspaper group, described the matter as “extraordinary” and alleged a coordinated campaign of harassment by the state following the publication of articles critical of the Punjab government.

Rohatgi submitted that within two days of the articles being published, multiple coercive actions were initiated against the management, including disconnection of electricity, notices issued by the Pollution Control Board against the press, closure of hotels run by the newspaper owners, and registration of FIRs.

“All this happened in a matter of two days because we published articles which are not favourable to the dispensation in Punjab,” he said, adding that the press, which has been operating for decades, was ordered to be shut down immediately over alleged water pollution issues.

He informed the court that the Punjab and Haryana High Court had heard the matter and reserved its verdict, but no interim relief had been granted so far.

Senior advocate Shadan Farasat, appearing for the Punjab government, opposed the plea and said all actions had been taken strictly in accordance with law. He submitted that the high court had already reserved judgment and the verdict was expected shortly.

“The matter can certainly wait. The actions are exactly as per the book in terms of the Pollution Control law. They are making something else out of it. Whatever action was needed, it has already been taken; we are not going to take further action,” Farasat told the court.

Responding, the Chief Justice said, “It is alright. Newspapers cannot be stopped,” and granted the interim relief sought by the newspaper group.