Supreme Court Protects 'Punjab Kesari' From State Action; Orders Uninterrupted Printing Till HC Verdict

The Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi passed the interim order after an urgent oral mention by Senior Advocate Mukul Rohatgi, appearing for the newspaper management.

The Court clarified that the interim protection will remain in force till the High Court pronounces its judgment on the petition filed by the newspaper management and for one week thereafter, to enable the parties to pursue appellate remedies if required.

Calling it an “extraordinary matter”, Rohatgi told the Court that a series of coercive actions were initiated by the State shortly after Punjab Kesari published articles critical of the Punjab government. These, he said, included disconnection of electricity, notices issued by the Pollution Control Board, closure of hotels run by the newspaper owners, registration of FIRs, and directions to shut down the printing press, all within a span of two days.

Rohatgi submitted that the press, which has been operating for nearly two decades, was ordered to shut down immediately on allegations of water pollution. He pointed out that although the Punjab and Haryana High Court had reserved judgment on the newspaper owners’ petition a day earlier, no interim relief had been granted, compelling them to approach the Supreme Court by way of a Special Leave Petition. “Press cannot be stopped because you have published some articles,” he argued, seeking urgent intervention.

Opposing the plea, Senior Advocate Shadan Farasat, Additional Advocate General for Punjab, submitted that all actions taken by the State were strictly in accordance with law, particularly under pollution control regulations. He informed the Court that the High Court had already reserved judgment and the verdict was expected shortly. “The matter can wait. Whatever action was needed has already been taken; we are not going to take further action,” he said.

Responding to the State’s submissions, CJI Surya Kant observed, “It is alright. Newspaper cannot be stopped.”

When Farasat clarified that only one unit had been ordered to close due to pollution issues and not the entire newspaper operation, the CJI remarked that while closure of hotels or other commercial establishments could be examined separately, the newspaper must be allowed to function. “Don’t close the newspaper part,” the CJI said.

Rohatgi also refuted allegations that liquor bottles were found at the press, remarking that the discovery of two bottles could not justify shutting down a newspaper.

Recording its directions, the Bench ordered that, without prejudice to the rights and contentions of both sides and without expressing any opinion on merits, the printing press of Punjab Kesari shall continue to function uninterruptedly. With respect to other commercial establishments run by the management, including hotels, the Court directed maintenance of status quo.

The interim arrangement will continue till the pronouncement of the High Court’s judgment and for one additional week thereafter, the Court said.