Balamani v. Senior Superintendent of Post , Offices, Hyderabad City Division, Hyderabad
2008-05-21
NOOTY RAMAMOHANA RAO
body2008
DigiLaw.ai
ORDER :- This writ petition has been instituted seeking a writ of mandamus by directing respondents 1 and 2 to accord registration of the journal "Law Animated World" published by the petitioner. The petitioner has also solicited compensation to be paid for the intransigence of the respondents 1 and 2. 2. The respondents 1 and 2 that their action is contrary to law, no meaningful process has emerged therefrom. Hence, this writ petition. 3. Right at the outset, it is relevant to notice some of the importance provisions of Indian Post Office Act, 1898, Act No.6 of 1898, henceforth referred to as 'Act'. In Section 2, various expressions reflected in the Act have been defined. The expression "postal article" has been defined in Section 2(i) as inclusive of a•letter, postcard, newspaper, book, pattern or sample packet, parcel and every article or thing transmissible by post. Thus, a very wide and sweeping definition has been accorded to the expression "postal article". Under Section 4 exclusive privilege has been reserved to the Central Government for conveying letters. Section 7 of the Act is a charging provision, which enables the Central Government to fix the rates of postage and other sums to be charged in respect of postal articles sent by Inland Post. 4. In Section 2 (b) the expression "inland" used in relation to a postal article, rneans- (i) posted in India and addressed to any place in India or to any place for which a Post Office is established by the. Central Government beyond the limits of India; or xxx Similarly, the expression “postage” is defined in Section 2(f) as; "The duty chargeable for the transmission by post of postal articles". 5. Power has also been conferred to make rules as to the scale of weights, term and condition subject to which the rates so fixed shall be charged. Section 8 enabled the Central Government by rule to require the pre-payment of postage on Inland Postal articles or any class of inland postal articles and prescribe the manner in which such pre-payment shall be made. Section 9 enables the Central Government to make rules providing for the registration of newspapers for transmission by inland post as registered newspapers. Section 9, since will have a bearing upon the issue at hand, reads as under : 9. Power to make as to registered newspaper.
Section 9 enables the Central Government to make rules providing for the registration of newspapers for transmission by inland post as registered newspapers. Section 9, since will have a bearing upon the issue at hand, reads as under : 9. Power to make as to registered newspaper. – (1) The Central Government may make rules providing for the registration of newspaper for transmission by inland post as registered newspapers. (2) For the purpose of such registration, every publication, consisting wholly or in great part of political or other news, or of articles relating thereto or to other current topics, with or without advertisements, shall be deemed a newspaper, subject to the following conditions, namely – (a) That it is published in numbers at intervals of not more than thirty one days; and (b) That it has a bona fide list of subscribers. By providing for registration of a certain class of newspaper for inland transmission purposes, the statute sought to confer certain concessions of postage on such newspapers. 6. Sub-section (2) of Section 9indicates that every publication, consisting wholly or in great part of (1) political or (2) other news, or (3) carrying articles relating thereto, or (4) to other current topics with or without advertisements, is to be deemed to be a newspaper. An analysis of this provision, therefore, makes it clear that the publication need not necessarily consist wholly or in great part of political news or articles relating thereto or other current political topics. It is enough even if the publication deals with wholly or in great part about (1) news other than political news or (2) if it contains articles relating to current topics. Section 9 has therefore is of a wide import and it need not hence, be confined in its width and amplitude to such publications which had political news, as much of its content. If the publication deals with current topics of interest and conveys news, it is liable to be construed and registered as newspaper. It is not at all difficult for one to visualize situations like some of the publications being exclusively confined in their coverage of specified areas of human interests and pursuits such as literature, sports, fashion, science and technology, entertainment etc. They may not contain any news concerning the political theories, either favoured or opposed to the State.
It is not at all difficult for one to visualize situations like some of the publications being exclusively confined in their coverage of specified areas of human interests and pursuits such as literature, sports, fashion, science and technology, entertainment etc. They may not contain any news concerning the political theories, either favoured or opposed to the State. They may not even beStow any thought on topics of interest for a sizeable population. They may exclusively cater to the limited interests and may seek to institutionalize a custom made rendership. There could be specialized newspapers, journals or magazines, which cover events and topics which are primarily of great interest to professionals like Doctors, Engineers, Lawyers Financial Analysts, Scientists and so on and they may mean nothing or carry no sense for the rest of the other classes of readers. On the contra, there can be newspapers/magazines which may contain material for both the professional as well as lay people in equal measure covering various events such as recent advances in Automobile Technology, sports and games across the world. Similarly, the scientific or technological developments and advancements and their usefulness to the society could be a matter of fascination for a prescribed section of the readers and there could be a magazine or a journal to capture or sustain that particular section. Therefore, a journal like the one published by the petitioner which seeks to convey the views of various Courts as reflected in their judgments rendered is, undoubtedly, a matter of great interest in contemporary or current topics to a particular profession or a class of readers. 7. It is essential to understand the true meaning of the expressions "news" and "current topics" found used in subsection (2) of Section 9 of the Act. The word "news", as a noun, has carried the following meaning in New Oxford Dictionary of English, at page No.1086 "News (noun) : newly received or noteworthy information especially about recent events. :a broadcast or published report of news; :information previously not known of Chambers Dictionary, at page No.109l "News (noun) : information on recent events and current affairs; :a report of a recent event; :a presentation of news on the television or radio; :newly received information. 8.
:a broadcast or published report of news; :information previously not known of Chambers Dictionary, at page No.109l "News (noun) : information on recent events and current affairs; :a report of a recent event; :a presentation of news on the television or radio; :newly received information. 8. Similarly, the expression "current", which is an adjective, has been defined as:- Chambers Dictionary at page No.400: "Current (adjective): belonging to the period of time now passing" New Oxford Dictionary at page No.435. "Current (adjective): belonging to the present time happening or being used or done now. "Current Affairs : events of political or social interest and importance happening in the world at the present time. 9. Thus, in common parlance, the expression "news" need not be confined for the purpose of appreciation as only relating to topics of political interests/questions or political debates. Any information on recent events and current affairs is liable to be understood as "news". When we understand the adjective "current" as belonging to the present time happenings, it, then, boils down to matters of larger public interest and would comprehend "news". Undoubtedly, law being an embodiment of moral sentiment of the people, anything concerning it, becomes a matter of news. Since good laws make it easier to do certain things right and also simultaneously make harder to do certain things, which are wrong; it evokes and generates lot bf public interest. In that sense of the matter, any event of reporting about such information, which is hitherto not known either in such complete form or shape, also answers the definition of "news". Further, real political issues are not manufactured by any particular leaders of a set of political parties. They declare themselves to have arrived at the center stage from the depths of that well, which we call it 'the public opinion'. Every political question, therefore, has got, at its core, the public opinion and hence, every such question becomes a social question and every such social question seeks to quench its thirst and solace in law. Therefore, the act of reporting of matters relating to current events or' passing on information in full or in an abbreviated form concerning law and its jurisprudential advancements and developments, undoubtedly, attracts the sweep of both the expressions "news" and "current topics". 10.
Therefore, the act of reporting of matters relating to current events or' passing on information in full or in an abbreviated form concerning law and its jurisprudential advancements and developments, undoubtedly, attracts the sweep of both the expressions "news" and "current topics". 10. I have, therefore, no hesitation to hold that a journal, which is sought to be brought about, for the pwpose of propagating the judgments rendered by various Courts, is a publication of news and current topics. 11. As was already noticed supra, even articles produced and written by scholars on any current topic including law will also squarely fall within the scope and width of sub-section (2) of Section 9. 12. Hence, carrying political news or other news need not form an indivisible base for a newspaper to be registered under Section 9. In that view of the matter, I cannot construe the objection, not to register the journal published by the petitioner in terms of Section 9, as sustainable. 13. It can be said that the respondents 1 and 2 have not understood the amplitude and width of Section 9 of the Act and they have reverted their attention only to a portion of the requisites prescribed under Section 9 when they insisted that the publication must contain political news. Similarly, Section 9 has only insisted the publication to be of fixed periodicity and that it should have bona fide subscribers. Such requirements are obviously intended to ensure that the concession that is being sought to be accorded will not be put to uncalled for wastage of revenue or for undesired purposes and therefore Section 9 called for the publication to have bona fide subscribers to it. To verify as to whether there are any bona fide subscribers or not, a list of names of such subscribers could well have been called for. That far there is no difficulty. But, in spite of furnishing the list of bona fide subscribers by the petitioners and instead of undertaking further meaningful action by registering the publication of the petitioner herein as a registered newspaper, the respondents 1 and 2 have not carried out the objects or purposes for which Section 9 of the Act itself has been incorporated. 14.
But, in spite of furnishing the list of bona fide subscribers by the petitioners and instead of undertaking further meaningful action by registering the publication of the petitioner herein as a registered newspaper, the respondents 1 and 2 have not carried out the objects or purposes for which Section 9 of the Act itself has been incorporated. 14. The reliance placed by the respondents upon Rule 30 of the Indian Post Office Rules, 1933 and/or the advice tendered by the Director General of the Postal Services cannot advance their cause any further. As is noticed supra, the power that was conferred upon the Central Government by sub-section (1) of Section 9 providing for the registration of newspapers for transmission by inland post as registered newspapers, has got to be understood only for the purpose of achieving the objective set out under sub-section (2) thereof. Since the expression "bona fide list of subscribers" found in Section 9 is incapable of a precise definition, the rule making authority, in Rule 30, has indicated that if a publication has a list of 50 subscribers, the same can be construed to have bona fide subscribers. This is an attempt at standardization to secure uniform application. The expression "subscribers" need not necessarily be construed as a set of payees for each such publication. There are several recognised modes of collection of subscriptions, such as lifetime subscription, periodical subscription, piece rate subscription, etcetera. It is, therefore, improper for one to insist that the subscription has got to be paid each time for every such publication' and that for the purpose of registration in terms of Section 9, it is enough even if it carries the price. Section 9 also permits the publications to carry advertisements. Consequently even a solicitation seeking donation is liable to be understood as one form of advertisement indulged in by the publisher. Therefore, on this count also, the objection raised by the respondents for registration of the publication of the petitioner is incorrect. 15. While conferring an exclusive privilege for conveying the inland transmission of postal letters upon the CeI1tral Government, the statute has also recognized the necessity to provide for certain concessions in the chargeable duty for certain types of postal articles such as newspapers. When a concession is sought to be conferred, such a provision is liable to be construed liberally. It should not be rendered unworkable.
When a concession is sought to be conferred, such a provision is liable to be construed liberally. It should not be rendered unworkable. Any interpretation should be to make the provision apply forcefully to sub serve the main object. An analysis of Section 9 would indicate that such of the newspapers which have been described and talked of in Section 9 are all entitled to be registered by the authority so that a concession of the duty of postage can be availed of by such a publication. Therefore, every attempt should be made to understand the true and wide import of such a provision and it should be given the full thrust so that all such newspapers which cater to the requirements of bona fide subscribers are allowed to avail the duty concession. As noticed supra, the four different classes of publications, as per the phraseology contained in Section 9 of the Act, will all have to receive in equal measure the relief of postage concession. In the context of the setting of Section 9, equitable considerations would arise rather than any attempt to deny the benefit to one particular class of publication. No attempt should be made therefore to put undue fetters or restrictions which will render the very objective to be frustrated and circumscribed. 16. The conduct and pleadings of the respondents are prompted by their jealous adherence to their comprehension of the requirements of law, mostly prompted by the innate urge to prevent the precious revenue leakage. I have not found any malicious intent on their part warranting any payment of compensation to the petitioner or imposition of compensatory costs. Hence, I am not inclined to grant that portion of the relief prayed for. 17. The grievance of the writ petitioner is thoroughly justified in that its publication has not been allowed the benefit as a registered newspaper so that it can avail the duty concessions prescribed by the Central Government. 18. The writ is, 'therefore, issued to respondents 1 and 2 to register the publication of the petitioner viz., Law Animated World for according it the necessary concession of duty of postage for its inland transmission. This exercise be completed latest by 30.6.2008. 19. The writ petition is allowed. No costs.