Delhi High Court
Raihan Raza vs Union Of India & Others on 21 August, 2009
Author: Sanjiv Khanna
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3017/2008
RAIHAN RAZA ..... Petitioner
Through Mr. Chandra Shekhar and Mr. Saurabh
Upadhyay, Advocates.
versus
UOI & ORS ..... Respondent
Through Mr. Nasir Ahmed, Advocate for the
respondent Nos.1 and 2.
Mr. Anish Dayal, Advocate with Mr. Bipin B.
Singh and Mr. Sidharth Vaid, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
1. Whether Reporters of local papers may be
allowed to see the judgment?
2. To be referred to the Reporter or not ?
3. Whether the judgment should be reported
in the Digest ?
ORDER
% 21.08.2009
1. The petitioner Ms. Raihan Raza is a Senior Reader in the Department of
English in Aligarh Muslim University, respondent No.3 herein.
2. The petitioner had written some letters to the office of the Registrar of
Newspapers of India, respondent No.2 herein and was informed that the
W.P.(C) 3017/2008 Page 1
newspaper title "The Aligarh Journal of English Studies" stands deblocked.
Accordingly, she applied for registration of the title "The Aligarh Journal of English
Studies" in her name, which was granted on 7th January, 2008.
3. Respondent No.2, however, by their letter 14th March, 2008 informed the
petitioner and respondent No.3 that registration of the title "The Aligarh Journal
of English Studies" in favour of the petitioner stands cancelled as the said title was
already registered. The petitioner was advised that she should apply for allotment
of a new title duly verified by the District Magistrate so that another title may be
issued to her. This letter dated 14th March, 2008 is impugned in the present writ
petition by the petitioner.
4. Counsel for the petitioner accepts and admits that the title "The Aligarh
Journal of English Studies" was initially registered in the year 1976 in the name of
the Professor A.A. Ansari, the then Head of the Department of English in Aligarh
Muslim University with the Registrar of the Newspaper of India, Press Villa, Shimla
under the Press and Registration of Books Act, 1867 (hereinafter referred to as
the Act).
5. Section 5 of the Act stipulates that no newspaper shall be published in
India except in conformity with the provisions of the said Section. Sub-sections (2)
and 2(a) of Section 5 prescribe the details which have to be given in a declaration.
W.P.(C) 3017/2008 Page 2
Sub-sections 3, 5, 6 and 7 stipulates when a new declaration is required. Section 6
of the Act provides for authentication of the declaration by signature and official
seal of the Magistrate and states that copy of the said declaration will be attested
by the official seal of the Magistrate and forwarded to the Press Registrar. Section
8 of the Act stipulates the procedure to be followed if any person has ceased to
be a printer or publisher of a newspaper in respect of which declaration has been
made under Section 5 and authenticated by Magistrate under Section 6. Under
Section 19C of the Act, the Press Registrar is mandated to cause relevant entries
to be made in the register on receiving from the Magistrate copy of declaration
under Section 6 of the Act. Section 19B of the Act mandates that Press Registrar
shall maintain in a prescribed manner a register of newspapers containing the
particulars mentioned in Sub-section (2) to Section 19 B. Press Registrar can cause
changes to be made in the register by making necessary alterations and
corrections.
6. Declaration, therefore, is made under Section 5 and authenticated under
Section 6 of the Act. Registration is done under Section 19C of the Act and
thereafter entries are made by the Press Registrar under Section 19B of the Act.
Even after registration is granted, declarations have to be made as per Section 5
of the Act and if required by Sub-sections (3),(4), (5), (6) and (7) of Section 5.
W.P.(C) 3017/2008 Page 3
7. There is nothing on record to show that that respondent No.2 had ever
cancelled the registration of the title "The Aligarh Journal of English Studies"
which was granted in the year 1976. No such cancellation order or letter has been
placed on record. What has been placed on record, are some letters written by
the respondent No.2 intimating that the said title had been deblocked. The
petitioner has placed on record the download of the website of the respondent
No.2 to show that the said title had been deblocked. Respondent No.2 in their
counter affidavit have explained that the office of the Registrar of Newspapers
was shifted from Shimla to New Delhi in 1998. Due to the transfer of records and
as the present registration pertains to the year 1976, by mistake no entry of the
said title was made in the computer at the time of the computerization of the
data. It is stated that the letters were written on the basis of the entries made in
the computer and this explains the mistake why the title "The Aligarh Journal of
English Studies" was shown in the deblocked title list, whereas in fact it was never
deblocked. Thus, the Registrar of Newspaper had made a mistake. A mistake as
such cannot confer any right on the petitioner. Moreover, in the present case the
petitioner was fully aware that the said publication is taken out by Aligarh Muslim
University and she herself is a Senior Reader in the said university.
8. Counsel for the petitioner states that the principles of natural justice have
W.P.(C) 3017/2008 Page 4
been violated as no show cause notice was issued before impugned letter dated
14th March, 2008 was issued. The argument is to be rejected in view of the
Doctrine of Prejudice. It is well settled that principles of natural justice cannot be
put in a strait jacket. In the facts of the present case and in view of the
explanation given by the respondent No.2, admitting their mistake and fault, I do
not think any prejudice has been caused to the petitioner.
9. Counsel for the petitioner also relied upon public notice issued by the office
of the Registrar of Newspapers. By this public notice, the Registrar had called
upon all publishers of titles of newspaper as were verified till 31st December, 1995
but were not registered with the Registrar of Newspaper, to submit their
representation/objections by 31st October, 1998. The said public notice is not
applicable to the title "The Aligarh Journal of English Studies" as the same was
registered way back in 1976.
10. In view of the above, I do not find any merit in the present writ petition and
the same is dismissed.
SANJIV KHANNA, J.
AUGUST 21, 2009
NA/P
W.P.(C) 3017/2008 Page 5
