Latest News
Back
OBSTRUCTING NEWSPAPER DELIVERY IS A LEGAL OFFENSE: LAWYERS
India’s topmost lawyers express their concern over the obstruction in the delivery of newspapers. Newspapers have been included in essential services and the said obstruction not only hinders reliable information to the general public but also leads to an offence under the Essential Services Maintenance Act (ESMA).
Eminent lawyer Harish Salve, who has represented Kulbhushan Yadav at ICJ says that in this world of gossip and rumours, there is a need for authentication in written form of information which can only be provided by newspapers such as in articles form. "Newspapers are obviously an important commodity, particularly in these warlike circumstances where we are battling an unseen enemy we know so little about and where knowledge and intelligence are the only resources accessible to humanity," he said in what could be seen as a wise warning to those who want to impede the distribution of newspapers to homes during the lockdown.
Senior lawyer Maninder Singh mentions that newspaper is inseparable & essential part of the right to freedom of speech & expression protected under Article 19(1)(a) & 19(1)(g) of CoI. A M Singhvi also says, "I will lean strongly and firmly in favour of promoting the distribution of newspapers, with proper hygiene and safeguards by printers and suppliers.
The decision was intended to guarantee uninterrupted public delivery of newspapers by extending the ESMA 1981 security which treats the blockage of the provision of essential services as a punishable offence.
When an item, like the newspapers during the time of lock-down, is protected under ESMA, any obstacle to its dissemination will be inconsistent with ESMA sections 5 and 6, 1981. Each of these clauses demonstrate very clearly that those who interfere with the delivery of an important service can be detained for up to one year without a warrant and without detention.
"The freedom of expression and speech, including the freedom of propaganda of the ideas, and independence guaranteed by the freedom of religion, may no doubt be said by 'Ramesha Thapar vs. the state of Madras.'" [1950: 594] which was linked to the prohibition of the entry and dissemination of the paper in the state of Madras. Freedom of movement, like freedom of publishing, is as important to this independence.
In the case of Express Newspapers, again in 1958, the SC ruled, "freedom of speech and expression includes freedom of dissemination of ideas which is guaranteed free movement of persons ... Press freedom is an integral part of freedom of expression and expression."
