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This is an archive article published on January 20, 2006

Limits on syndicated articles relaxed

Delhi High Court today struck down the restrictions imposed by the Centre on the amount of syndicated material that can be printed in India....

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Delhi High Court today struck down the restrictions imposed by the Centre on the amount of syndicated material that can be printed in India.

Allowing the petition which challenged the July 2005 curtailing of syndicated articles, Justice Vikramjit Sen said, 8220;8230;The writ petition deserves to be allowed accordingly by quashing the impugned circular as it is contrary to Article 19 of the Constitution.8221;

The limit on such articles was 7.5 per cent at first but was raised to 20 per cent. Saying freedom of press could 8220;not8230; be tested on nationality,8221; the judge added: 8220;It is thought and expression which is protected sans any national boundaries.8221;

Restrictions imposed through circulars have no statutory basis.

They are 8220;antithetical to freedom of thought8221; and mere departmental instructions, Justice Sen said.

After Centre8217;s counsel Sidharth Mridul failed to place on record any law supporting the restrictions, the court said: 8220;8230; there should be no difficulty in passing appropriate legislation in Parliament8221;. Sen added: 8220;There may be sound reasons for placing an embargo beyond 20 per cent on foreign material which may be published in India. It is certainly arguable that such a statute would be salutory to Indian interests.8221;

Appearing for the petitioner, senior advocate Parag Tripathi said placing limits on the amount of syndicated material to be printed was an infringement of the rights and freedom of the press. 8220;Even the Supreme Court had opined that freedom of press means freedom from interference from the authority which would have the effect of interference with content and circulation of newspapers,8221; he added.

But Mridul said prescribing a limit was integral to the policy of restricting foreign holding in the equity of Indian newspapers. However the court said the Centre has to justify the restrictions.

 

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