The Nagpur bench of Bombay High Court, on April 20, issued notice to Maharashtra Government over its circular banning door-to-door delivery of newspapers across the state in the wake of COVID-19 and sought its reply to a petition challenging legality of this restriction.
Justice Nitin W Sambre issued notice to the State Chief Secretary, Union Information and Broadcasting Ministry, DGIPR, District Collector Nagpur and Nagpur Municipal Corporation, asking them to file reply within two days.
The next hearing is on April 23 to decide grant of interim relief about lifting the restriction on delivery of newspapers to citizens at their homes.
The petition filed by Maharashtra Union of Working Journalists and Nagpur Union of Working Journalists has strongly opposed the addendum issued by State Government on April 18 and dubbed it as illegal, illogical and unconstitutional.
The bar on distribution of newspapers is violative of fundamental right to speech and expression and goes against several Supreme Court rulings, the petition stated.
Citing an advisory issued by Union Information and Broadcasting MInistry, the petition noted that Union had directed all states and union territories to ensure interrupted functioning of print and electronic media including its printing and distribution.
The advisory issued by the State Government also recognised print media as essential service, but suddenly on April 18 it barred distribution, which amounts to unreasonable restriction without any empirical evidence, contended Advocated Deven Chauhan on behalf of petitioners. Some restrictions in containment zones or guidelines to ensure even more cleanliness are welcome, but gagging the voice of media through such circulars is not justified, the petitioners claimed.
While permitting home delivery of grocery and vegetables through e-platforms and even permitting plumbers and mechanics and food delivery service, human interference will occur, but newspaper delivery has no element of interaction between hawker and reader, the petitioner stated and questioned the logic behind banning newspaper delivery and decrying the same as violative of fundamental right of citizens to get authentic and credible news at door step.
The petitioners also opposed the argument of availability of e-paper as justification to ban physical delivery of papers.
Government Pleader Sumant Deopujari, opposing the petition, claimed that it was reasonable restriction put in place due to spread of covid-19 pandemic. Besides, the readers are getting e-paper and hence there is no bar on circulation, he said.
The High Court after directed the petitioner to join Nagpur Municipal Corporation as a respondent and directed the authorities to file reply before next date when plea for interim relief will be taken into consideration.
The petition is filed by Maharashtra Union of Working Journalists.
