JUDGEMENT AND ORDER : 1. Heard Mr. P. Mahanta, the learned counsel appearing for the petitioners in the WP(C) No.4646/2008. The petitioners in the WP(C) No.1254/2009 is represented by the learned Advocate Mr. G. Choudhury. The respondents in both the cases are represented by Ms. D.D. Barman, the learned Addl. Sr. Govt. Advocate, Assam. 2. The registered association of the media houses, who publish daily/fortnightly newspapers and periodicals, are the petitioner in the WP(C) No.4646/2008. The petitioner in the WP(C) No.1254/2009, is an individual group which publishes the daily and bi-weekly newspaper ‘Agradoot’. The grievance of both litigants relates to the inadequate advertisement revenue and the discriminatory implementation of the Advertisement Policy by Assam Government and how they impact the rights of the petitioners, guaranteed under Article 19(1)(a) of the Constitution. 3. The current advertisement policy was notified by Assam on 29.1.2009 where-under, the newspaper/periodicals were classified as small, medium and big category, for the purpose of issuing advertisements to them. The categorization is based on the circulation figures for the concerned newspaper. The advertisement rates are to be fixed under Clause 9 of the Policy, in consultation with the Directorate of Information and Public Relation (DIPR) and concurrence of the Finance Department. In fixing the rates, newspaper/periodicals with ABC/INS certificate on circulation, should be given preference. The rates are to be revised as and when necessities arise for such revision. The DIPR is made responsible for approving the advertisement to be issued in the print media and it is specifically stipulated in Clause 9(viii) of the Policy that order for advertisement will not be issued, unless the same has been sanctioned by the competent authority, specifying the amount sanctioned for the advertisement. Those publications which are irregular and are unable to maintain production standards, specified in the Advertisement Policy, are liable to be removed from the approved list, under Clause 10 of the policy declared by the Government on 29.1.2009. 4. The petitioners contend that there is huge escalation of the printing and publication costs of print media and therefore the Government should appropriately revise the advertisement rate to avoid unbearable financial hardship on the publication house and the consequential burdening of the readers, with the higher cost of the newspaper/periodicals. 5. 4. The petitioners contend that there is huge escalation of the printing and publication costs of print media and therefore the Government should appropriately revise the advertisement rate to avoid unbearable financial hardship on the publication house and the consequential burdening of the readers, with the higher cost of the newspaper/periodicals. 5. The learned counsel for the petitioners argue that while issuing advertisement for publication in the newspaper/periodicals, the Government must follow a uniform yardstick and should not discriminate between different publication houses. They project that non-discriminatory allotment of advertisement as per the entitlement of the publication group, will ensure the protection of speech and expression, guaranteed under Article 19(1)(a) of the Constitution of India. To put it differently, the petitioners argues that two publication houses with similar categorization and circulation figures, should receive equal treatment from the State in the matter of issuance of advertisement. 6. The petitioners co-relate the goals of a democratic Government with constitutional obligation and argue that periodic revision of advertisement rate should be done as it will help the production house to effectively balance the escalating production expenses on one end and the need of the newspaper to reach the doorstep of the readers at an affordable cost, on the other. 7. To reach a workable solution on the issue, a meeting was held between the Minister and the publication houses on 3.1.2014, where it was resolved to increase the existing rate of advertisement, by 60%, w.e.f. 1.1.2014. Further increase of the rates, as needed, was to be considered on the basis of the recommendation of a High Powered Committee. Equal distribution of advertisement amongst the print media was also resolved in that meeting. In so far as the payment clearance is concerned, it was decided that bills will be cleared within 60 days and to ensure that there is no bottleneck in payment, the Advertising Department should enclose a cheque for the advertisement charge, favouring the Director of Information and Public Relation, so that the DIPR can make the payment without delay. 8. During pendency of these cases, the Government had issued the notification on 18.11.2014, whereby, the advertisement rates were enhanced by 50% of the existing rates, for all types of dailies/weeklies/bi-weelies/monthlies, w.e.f. 1.4.2014. This was done under Clause 9 of the Advertisement Policy. 9. In this context, the learned Govt. Advocate Ms. 8. During pendency of these cases, the Government had issued the notification on 18.11.2014, whereby, the advertisement rates were enhanced by 50% of the existing rates, for all types of dailies/weeklies/bi-weelies/monthlies, w.e.f. 1.4.2014. This was done under Clause 9 of the Advertisement Policy. 9. In this context, the learned Govt. Advocate Ms. D.D. Barman refers to the additional affidavit, filed on 9.5.2017 to project that the DIPR has cleared all arrear bills of the publication houses, pending since 1.4.2014 to February, 2017 and steps are also being taken for clearance of the current bills on a monthly basis, by fixing a monthly ceiling limit of Rs.1.4 crore for disbursing advertisement cost. 10. The petitioners through their respective counsel, while welcoming the Government decision to enhance the advertisement rate by 50%, refer back to the text of the resolution adopted in the meeting of 3.1.2014 to project that the notified increase is less than the 60% enhancement decision, taken earlier. For the Agradoot Group, the learned counsel specifically speaks of discriminatory allotment of advertisements since the newspapers/periodicals published under this group do not shy away from exposing corruption and miss-governance. 11. On an earlier occasion discriminatory allotment of newspaper advertisement was considered in M/S Omega Printers and Publishers Private Limited Vs. State of Assam reported in (1994)2 GLR 15, where the Gauhati High Court after analyzing the relevant decisions of the Supreme Court opined that, the State cannot impose unreasonable restriction on the freedom of speech and expression, by curtailment of advertisement for a publication group to force them to toe the line of the government. In the same context, the Court declared that reduced advertisement to a group will amount to infringement of the freedom guaranteed under Article 19(1)(a) of the Constitution for the print media. It was held that the Government while granting advertisement must be fair and adopt a non-discriminatory approach and each publication house must receive their due share of advertisement revenue without discrimination. Likewise, dues for published advertisement must also be released promptly to ensure a free and strong press who are not made subservient to the government, to receive their advertisement dues. 12. The earlier advertisement rates are now enhanced by 50% under the government notification of 18.11.2014 and in the perception of the Court, the hike appears to be reasonable. The enhanced rate is to apply from 1.4.2014. 12. The earlier advertisement rates are now enhanced by 50% under the government notification of 18.11.2014 and in the perception of the Court, the hike appears to be reasonable. The enhanced rate is to apply from 1.4.2014. While the expectation of the petitioners was a little more, as per the decision in the meeting of the stakeholders held on 3.1.2014, one cannot remain oblivious of the State’s financial limits and their obligation, on various other spheres of governance. When we take these aspects into consideration, the enhancement of the advertisement rate by 50% cannot be said to be unreasonable, for the present. Moreover provision of further revision in future, is also provided in the Government decision. 13. The Government advertisement issued to print media serves twin objectives. Firstly, it allows a newspaper to disseminate news for public consumption. More importantly, the publication of facts by the Press for public consumption and opinion building, is an important facet of democracy. The media plays a vital role in giving shape to the Fundamental Right of free speech and expressions and therefore a healthy press is an essential concomitant of a vibrant democracy. To ensure that a newspaper serves the societal interest fearlessly and without excessive burden on the consumer, it is important to support print media through Government advertisement, as such financial backing enables the publication house to produce and circulate newspaper/periodicals, at reasonable rates. 14. The right to freedom of speech and expression includes the right to educate, to inform and to entertain and the corresponding right to be educated, informed and entertained. The former is the right of the media and the later that of the reader or consumer. Viewed from this perspective, the rights guaranteed under Article 19(1)(a) of the Constitution relates not only to the media — print or otherwise, but also to the readers and viewers, who are the consumers of the materials produced by the media. In such situation, the State must ensure that press can operate with all freedom without suffering discrimination in the release of Government advertisement, to the media houses. 15. Following the above, in conclusion, the respondents are reminded again of their solemn obligation under constitutional norms, to issue advertisement to different publications as per their categorization, without any discrimination with strict adherence to the advertisement policy notified on 25.1.2009. 15. Following the above, in conclusion, the respondents are reminded again of their solemn obligation under constitutional norms, to issue advertisement to different publications as per their categorization, without any discrimination with strict adherence to the advertisement policy notified on 25.1.2009. The respondents must therefore ensure equal treatment of all publication houses in issuing advertisement and disbursing payment. This will ensure the protection of freedom of speech and expression guaranteed under Article 19(1)(a) for the print media in Assam. 16. But it is equally important to observe that the advertisement policy must not be used as a weapon by the Government to bully the publication groups to force them to succumb to Government pressure. Therefore, as was decided under the 6th Resolution in the meeting held on 3.1.2014, the Government must formulate a procedure for the departmental advertisements to be accompanied by the advertisement cost, to the account of the Director of Information and Public Relations, so that the newspaper can receive their dues on time, without any unnecessary effort. It is ordered accordingly. 17. With the above order, both cases are disposed of. No cost.