On Monday, the Bombay High Court has asked for an explanation from the State Government on its decision to impose a blanket ban on door-to-door delivery of newspapers and magazines, even though the Court has exempted Print Media from the ongoing nationwide lockdown observed.
The Court took suo-motu cognizance of news reports concerning notification signed by Ajoy Mehta, Chief Secretary of Maharashtra in which restrictions were imposed.
The Notice read:
"The State Government, having regard to the spread of coronavirus can certainly consider the issue of restricting door-to-door delivery of newspapers in particular areas."
The Court called out for the logic behind allowing printing of newspapers and its sale in stalls and shops already established on one hand and the prohibition on door-to-door delivery on the other.
Following this, Govt Pleader DR Kale filed an affidavit in reply on behalf of the State and also apprised the Court about an amendment to the State's order which states that wherever door to door delivery is done, it shall be with the knowledge of receiver and the delivery of newspaper personnel, shall bear mask and use hand sanitizer and maintain social distancing. However, door to door delivery of newspapers and magazines is prohibited in Mumbai Metropolitan Region (MMR), Pune Municipal Corporation (PMC) and in all containment zones as may be decided by the District Magistrates.
An affidavit has been produced by Kale to justify blanket ban on door-to-door delivery in these three regions:
"I say that according to the experts, COVID-19 virus can stay on various surfaces for a considerable amount of time and the newspaper is something that will be passed on by hand to hand by various people which can increases the chances of infection spreading to more number of people."
Although the explaination didn't go down with the Court and it thus observed:
"It seems that this is only a general and sweeping statement made in affidavit in reply. There is no reference to any comment of the experts in the field or any opinion formed by any body working in the health area. On the contrary, the statements of certain experts published in the newspapers are to the effect that there is no need to carry an impression that the newspaper is a medium for spreading coronavirus."
The Court further noticed:
"At the cost of repetition, I may state that in order dated 20th April, 2020 this Court specifically observed that the State Government, having regard to the spread of coronavirus can certainly consider the issue of restricting door-to-door delivery of newspapers in particular areas and no reason or any data is coming forth to provide a logical explanation to the addendum order dated 18th April, 2020 whereby blanket ban was imposed on door to door delivery.
It may not be out of place to state that certain news items are published in newspaper showing that in the lockdown period not only the readership of the newspapers is increased but the average time spent for reading newspapers is also increased in this period as the public general is interested to know latest updates and information through the newspapers. It may also not be out of place to state that the newspaper 'Lokmat' prints the statement which reads in Marathi "Vritipatr Virus Mukt Aahe" meaning newspaper is virus free."
The Court stated that it received no logical explaination and thus held:
"On the backdrop of above referred facts, one fails to understand the logic behind the statement made in the affidavit in reply in para-9 that the newspaper is something that will be passed on by hand to hand by various people which can increase the chances of infection spreading to more number of people."
Amicus Curiae Stayajeet Bora submitted that a petition has been filed in the Madras High Court in seeking directions to ban the newspapers distribution and it was dismissed. Bora pleaded before the Court for an amendment to the petition so as to place on record a copy of the order of the Madras High Court as well as to raise certain grounds and accordingly. The oral prayer for amendment was allowed.
A copy of the order of the nagpur bench on the same issue dated April 20 was also submitted in Court.
GP DR Kale then sought more time to file another affidavit and Court accordingly granted him three weeks time.
The matter has now been adjourned to June 11.
The order has been passed by Justice PRASANNA B. VARALE on 27-04-2020.
Read Order Here:
