AP newspapers tussle: SC transfers matter to Delhi HC for final disposal in interest of justice

New Delhi: The Supreme Court on Monday transferred to the Delhi High Court the dispute over a government order in Andhra Pradesh on purchase of newspaper by local bodies volunteers for final disposal in the "interest of justice".

The dispute, which was pending before the Andhra Pradesh High Court, has its genesis in a tussle between two leading Telugu dailies -- 'Eenadu' owned by Ushodaya Publications and 'Sakshi', published by Jagati Publications owned by Chief Minister Y S Jaganmohan Reddy.

'Eenadu' has accused the state government of promoting the sales of 'Sakshi' newspaper. The matter came up for hearing on Monday before a bench comprising Chief Justice D Y Chandrachud and Justices PS Narasimha and JB Pardiwala which said the dispute is between two political parties.

"Without going into the merits and rival contentions of the parties, we are of the considered view that in the interest of justice, it will be appropriate if the matter is transferred to the Delhi High Court for final disposal," the bench said.

Requesting the chief justice of the Delhi High Court to consider passing an appropriate order, the bench said, "We leave every issue open to the Delhi High Court".

When one of the advocates appearing in the matter said transferring the case to the Delhi High Court might be a reflection on the Andhra Pradesh High Court, the bench observed, "Our order of transfer shall not be construed to have any reflection on the Andhra Pradesh High Court as we have passed this order in the interest of justice." "What weighed upon us is that this is not a dispute between two newspapers. This is between two political parties," the bench orally observed.

While hearing the matter on April 10, the apex court had voiced displeasure over bitter arguments between the state government and Eenadu over the choice of an Andhra Pradesh High Court bench to adjudicate the dispute over the government order on purchase of newspaper by local bodies volunteers, calling it a "sorry spectacle".

Senior advocate Mukul Rohatgi, appearing for the publishers of Eenadu, had insisted the matter be listed before any single judge bench of the Andhra Pradesh High Court, while senior advocate CS Vaidyanathan, representing the state government, wanted it to be heard by a division bench. Vaidyanathan had said the state government is willing to increase the additional financial support of Rs 200 per month to Rs 210 per month for village and ward volunteers for purchase of newspapers and it would cover almost newspapers.

Rohatgi had said the beneficiary volunteers are members of local bodies and village committees who are given financial support to buy the newspaper favouring the government (Sakshi) in order to take the message of its schemes to the people. Ushodaya Publications has alleged the Government Order (GO) violated the fundamental rights to equality and freedom of speech and expression, and that the widest circulated Telugu newspaper in the state, 'Eenadu', was deliberately kept out on account of the fixation of an additional financial support of Rs 200 per month for village volunteers and ward volunteers.

"It is relevant to note that 'Eenadu' (petitioner) has a monthly subscription at the rate of Rs 207.5 and the newspaper published by R-7 (Sakshi) has a monthly subscription rate of Rs 176.5. It is relevant to note that the newspaper with the third widest circulation, that is 'Andhra Jyoti', has a monthly subscription rate of Rs 207," the plea has said.

It has claimed the amount of Rs 200 has been fixed by the state government so the volunteers do not purchase 'Eenadu'.

On March 29, the top court had sought the response of the Andhra Pradesh government and others to a plea moved by Ushodaya Publications challenging the government order (GO) "aimed at increasing the sales of the Sakshi newspaper".

Ushodaya Publications, which moved the appeal against the Andhra Pradesh High Court order that refused to stay the impugned GO, alleged that allowances are being given to village and ward volunteers in the southern state to buy "Sakshi".

"This is a classic case where the respondent -- the state government at the instance of respondent number 9 (the chief minister) -- has made every attempt to curtail freedom of press, including freedom of circulation of the petitioners, in an arbitrary exercise of jurisdiction.

"The constitutional rights guaranteed under Articles 14 and 19 of the Constitution of a newspaper (petitioner number 1) are infringed by the abuse of the official position by respondent number 9, who is making every attempt to strangulate the operations of 'Eenadu', published by petitioner number 1," Ushodaya Publications has said in its plea filed through lawyer Parmatma Singh.

The petition challenged the two high court orders by which the plea seeking the suspension of the GO dated December 8, 2022 was rejected.

Besides seeking a stay on the operation of the high court orders, it also sought a direction to the Audit Bureau of Circulations of the Andhra Pradesh government to "suspend auditing the circulation of Sakshi newspaper for the period from July-December, 2022 and for subsequent period".

The GO sanctioned Rs 200 per month from the state funds as an additional financial support for each gram volunteer and ward volunteer to enable them to purchase one widely circulated Telugu newspaper.

The Andhra Pradesh High Court had said there was no material showing that the GO instructed the gram volunteers or ward volunteers and village secretariats or ward secretariats to subscribe to "Sakshi".

Inputs from PTI