Shri Anand Singh Yadav vs The Andaman and Nicobar Administration and others

Heard learned counsel appearing on behalf of the petitioner who contended that he runs a News paper namely ''The Light of Kalapani'' and in that paper in one occasion he has released a publication wherein he had raised allegation against the top brass officials of Administration, including A.K.Singh, the Lt. Governor.

Being aggrieved at it, the respondent Union Territory authorities has passed an order by which they have warned the present petitioner not to publish a false, baseless, malicious or motivated news items in the news paper in future.

The grievance of the petitioner is such that said rules does not specifically say that the Administration has the right to give him warning to that effect for the publication of any such news item.

In reply learned counsel appearing on behalf of the Union Territory vehemently objected and contended that in view of the Rule 19 of Andaman and Nicobar Administration Advertisement Rules 1986, the Administration can very well pass such order.

On perusal of the Rule 19, I do not find that the said authority had any right to give the petitioner ''warning'', but certainly the said authority has the right, subject of course with the approval of Chief Secretary to remove permanently or specific period of time of the paper from the approved list of papers for releasing advertisements.

Since rule does not permit for ''warning'', I set aside the impugned order to that extent only by deleting word "Hence I hereby warn Shri Anand Singh Yadav". Remaining part of the order passed by the Director, I.P. remains unaltered.

With this direction, the writ petition stands allowed.