GOPALAKRISHNA SHENOY Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The Press and Registration of Books Act, 1867 is a statute regulating printing presses and newspapers and is legislated to provide for preservation of copies of books and newspapers printed in India and to facilitate registration of new books and newspapers. This is perhaps the oldest law relating to Press still existing in India. Several minor amendments were made in the Act to purvey for the evolving compulsions in the changing situation over these years. However, on the basis of the recommendations of the First Press Commission in 1953, a major amendment was made in the Act to create the Office of the Registrar of Newspapers for India and laying down his duties and functions. The RNI regulates and monitors printing and publication of newspapers under the provisions of the Act and the Registration of Newspapers (Central) Rules, 1956.

(2.) Under the Act, an applicant, who aspires a particular title to a newspaper, has to first apply for its verification to the jurisdictional District Magistrate, who will then have to get such title verified from the RNI. After such verification is obtained from the RNI, the applicant for the title has to file a declaration for authentication before the District Magistrate and after such authentication alone, can the newspaper be published. Registration of the newspaper is done after the first issue is published. The controversy that has arisen in this case is relating to the verification of a particular title that the contesting parties require for their respective newspapers.

(3.) The petitioner on one hand and respondents 3 and