D.S. Ravindra Doss, General Secretary of Tamilnadu Union of Journalists vs The Commissioner of Police and Another

Bakthavatsalam, J.—The Petitioner challenges the communication issued by the Commissioner of Police, dated 30.3.1993 which states that

the Petitioner should avoid sending his representatives without press accreditation cards to City Police Office for briefings and that Information and

Tourism (PR) Department, Government of Tamilnadu have issued Press Accreditation cards and only such Press people may kindly be sent to

City Police Office.

The Petitioner seems to be the General Secretary of the Tamilnadu Union of Journalists. It is stated in the affidavit that the Commissioner of

Police, Madras has prevented without any authority of law, certain members of the union viz., (1) Tharasu (2) Junior Vikadan (3) Junior Post (4)

Police Seithi and (5) Nakeeran. Certain other allegations are made m the affidavit filed in support or the writ petition and I do not think it necessary

to go into those allegations, at this stage.

Subsequent to the direction of the Commissioner of Police which is impugned this writ petition, the Tamilnadu Press Representative

Accreditation (Headquarters) Rules, 1993 (hereinafter referred to the ""Rules"") have been published in the Tamilnadu Government Gazette on

28.4.1993. Under the Rules, a provision is made to the effect that under Rules 9 an application has to be made. A procedure is laid down with

regard to the issue of accreditation cards. Any press representative, who is aggrieved by the decision of the Committee can make a representation

to the Government under Rules 29. Under the very same Rules, the state Representative Accreditation Rules, have been repealed, and sub-Rules

(2) of Rules 31 says the Press Representative already accredited under the Rules repealed under sub-Rules (l) shall continue for the period for

which it was granted under the repealed Rules. In view of the subsequent development, I am of the view that the Petitioner has to apply for the

issue of accreditation cards, under the Rules. Admittedly, it has not been made in this case. Except a representation made by the Petitioner, which

is stated in the letter affidavit, no application has been made. The said representation has been made to the second Respondent 12.4.1993 before

the Rules were published in the gazette, mentioned above.

Learned Government Advocate produced before me certain proceedings of the press Accreditation Committee which was held on 23.6.1993.

The proceedings of the Committee proceeds to state thus:

IV. Accreditation to journals:"" With regard to the applications received from Journals, the committee decided not to give accreditation to the

journals. Thiru Prakash M. Swamy, a member of the Committee walked out against this decision.

The Committee also decided to withdraw the accreditations already issued to the Journals.

The Committee observed that on special occasions if any Journal needs passes invitations for coverage, the same will be given on prior request.

The procedure extracted above cannot be taken as a rejection of the representation of the Petitioner, made earlier to the framing of the Rules.

Moreover, when an application is not made under the Rules stated supra, I do not think that the Respondents can take a decision either to cancel

or withdraw the accreditation already issued to journalists. The Proceedings of the Committee, m my view, will not support the contentions of the

learned Government Advocate. In view of the decision taken in that meeting, the Petitioner has not been allowed to attend the meetings.

At any rate, as I have already stated, the Petitioner has to apply for the issue of accreditation cards according to the Rules framed by the

Government. As such, I am of the view directions are to issue in the following terms:

The Petitioner has to make an application for the issue of accreditation cards, according to the Rules framed by the Government, within a period of

two weeks from today before the concerned authority and as and when the Petitioner applies, the concerned authority, under the Rules, has to

pass a reasoned order within a period of two weeks thereafter. Till then the representatives of members of. the Union, in which the Petitioner is the

General Secretary, who run the following journals, viz. (1) Tharasu (2) Junior Vikadan (3) Junior Post (4) Police Seithi and (5) Nakkeeran shall

not be prevented from attending the weekly press meetings. It is also open to other members of the journals to make applications for the issue of

accreditation cards. This writ petition is ordered accordingly. No costs.