1 IN THE HIGH COURT OF DELHI AT NEW DELHI (ORIGINAL (C.) WRIT JURISDICTION) WRIT PETITION (C.) NO. OF 2017 [Petition under Article 226 of the Constitution of India] IN THE MATTER OF : A Public Interest litigation Ajay Gautam S/o Late Shri Kishan Chand Gautam. R/o 26/127-A, Siddharth Gali No.10, Vishwas Nagar, Shahdara, Delhi-110032. Petitioner Versus 1. Press Council of India Through its Secretary Sochna Bhavan, CGO Complex Lodhi Road New Delhi 110003. 2. Union of India Through Its Secretary Ministry of Information and Broadcasting A-Wing, Shastri Bhavan, New Delhi 110001. 3. Hindustan (Private Party ) Through Editor Hindustan Times House 18-20, K.G.Marg New Delhi-110001 Respondents
2 PUBLIC INTEREST LITIGATION IN THE FORM OF WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT, ORDER OR APPROPRIATE GUIDELINE/ DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS FOR BAN ON PUBLISHING, PRINTING, TELECASTING AND MISUSE OF THE PHOTOGRAPHS, NAMES OF THE PERSONS HOLDING CONSTITUTIONAL POSTS E.G. PRESIDENT, PRIME MINISTER, HOME MINISTER, GOVERNOR, CHIEF MINISTER, CABINET MINISTER ETC., IN THE PRIVATE/ CLASSIFIED ADVERTISEMENTS. To The Hon'ble Chief Justice of the Hon'ble High Court of Delhi And His Companion Justices Of the Hon'ble High Court of Delhi. The humble petition of the Petitioner above named. MOST RESPECTFULLY SHOWETH: 1. Declaration and undertaking of the petitioner: The Petitioner is filling the present Public Interest Litigation for the benefit of the general public and
3 the present petition is not guided by self gain or gain of any particular person, institution, and body. 2. Source of information: The sources of information for the purpose of filling the present petition is information under RTI Act includes news episodes, newspapers and periodicals which are available in public domain. 3. Class of persons who is benefited The present petition is for welfare of general public. 4. The bodies who affected That by this writ petition (PIL) only respondents, no other person s/bodies/institutions are likely to be affected. 5. Particulars of the Petitioner : The petitioner herein is a peace loving and law abiding citizen of this country and is engaged in social activities and he is a priest and is doing his practice in accordance with the Sanatan Dharma. The petitioner has understood that in the course of hearing of this petition, the Court may require any security to be furnished towards costs or any other
4 charges and the petition shall comply with such requirement. The petitioner has understood that the petitioner has means to pay the costs, if any, imposed by the Court. 6. Any representation etc. i. Letter petition dated 30.05.2017 and 19.06.2017 to the Ministry of Information and Broadcasting by speed post. ii. Letter petition dated 30.05.2017 and 19.06.2017 to the Press Council of India by speed post. iii. Letter petition dated 30.05.2017 and 19.06.2017 to the Prime Minister Office by speed post iv. Letter petition dated 30.05.2017 and 19.06.2017 to the President Secretariat by speed post. v. Letter petition dated 30.05.2017 and 19.06.2017 to the Ministry of Home Affairs by speed post.
5 vi. Letter petition dated 30.05.2017 and 19.06.2017 to the Office of the Police Commissioner, Delhi by speed post. vii. Letter petition dated 18.07. 2017 to the Editor Hindustan News Paper, Delhi by speed post. 7. That following are the issues raised by the Petitioner: A. Petitioner has filed a Writ Petition before the Hon ble High Court of Uttarakhand as WP (C) 85/2014, High Court for directions to the State government to find and properly cremate the dead bodies buried under the soil after the 2012 Kedarnath temple tragedy. It is important to mention here that the Hon ble High Court of Uttrakhand issued mandatory directions and The Hon ble Court gave appreciations to the petitioner for highlighting important issues before Hon ble Court. B. Petitioner has filed a Writ Petition bearing W.P. (C) No. 761 of 2014 before the Hon ble Supreme Court seeking directions from the Hon ble Apex Court for elimination of unmanned railway crossings around the
6 country and the above mentioned Petition has been decided by the Apex Court with appropriate directions. C. Petitioner has filed another Writ Petition bearing W.P. (C) No. 147 of 2015 before the Hon ble Supreme Court seeking directions from the Hon ble Apex Court with the purpose to challenge the casual and unplanned approach of the government in handling and dealing with a viral infection known as Swine Influenza popularly known as Swine Flu. It is important and noteworthy to mention at the outset that in spite of innumerable deaths being reported through almost all parts of the country, government has failed to take any requisite steps to curb and control the spread of the disease. D. The Petitioner has also approached the Hon ble High Court of Delhi as WP (C) 9180/2014 for eradication of child beggary from Delhi and other problems emanating from it, wherein the DCPCR issued guidelines in respect of eradication of child beggary from Delhi. E. In another Writ Petition filed before the Hon ble High Court of Uttarakhand as WP (C) 52/2015, with the purpose to challenge the casual and unplanned
7 approach of the government authorities in handling and dealing with Disaster Management. F. The Petitioner had also filed another Writ Petition bearing W.P. ( C) No. 7007 of 2014 before this Hon ble Court for directions to the State government to formulate appropriate guidelines for functioning of play schools and the said Writ Petition is pending adjudication before this Hon ble Court. G. In another Writ Petition filed before the Hon ble High Court of Uttarakhand as WP (C) 146/2014, Petitioner has sought directions for proper monitoring of glaciers and installation of proper warning systems in case of possible glaciers outburst. H. The Petitioner in another Writ Petition bearing W.P. ( C) 367 0f 2015 seeking direction for Pakistani refugee for basic necessities of life and right to live with human dignity. j. The Petitioner in another Writ Petition bearing W.P. ( C) 2074 0f 2015 petition The question of law which is involved in the petition for consideration is whether the precincts of the Hon ble High Court of Delhi can be used by any religious community particularly the
8 Muslim community to profess and practice their religion. Etc. 8. QUESTION OF LAW: Whether the photographs, names of the persons holding Constitutional posts e.g. President, Prime Minister, Home Minister, Governor, Chief Minister, Cabinet Minister etc. used, publish/telecast with regard to the private/ classified advertisements by a private person or private organization? Facts in brief, constituting the cause : 1. That the facts leading up to the filling of the present petition is as follows: i. THAT on 20.02.2016 an advertisement was published by Shri Kumar Swami, President and Shri Arun Govil, General Secretary of Bhagwan Shree Lakshmi Narayan Dham, C-27, Greater Kailash Enclave-1, New Delhi-110048 having its Registered office at Arihanta House, 5/120, Sant Nirankari Colony, Delhi-09, in the newspaper Hindustan on 20.2.2016 and in this advertisements they have published photographs of President of India, Prime
9 Minister of India and Chief Minister of Himachal Pradesh with their messages, it is further submitted that according to said advertisements Shri Kumar Swami is shown giving Brahmand Rattan Award to the President of India. The Copy of the advertisement dated 20.02.2016 published in Hindustan News Paper (Hindi) is annexed as Annexure P-1. ii. That on 22.03.2016 petitioner sought an information from the President s Secretariat under Right to Information Act i.e. Whether any such Award as reported in the newspaper Hindustan on 20.2.20165 has been actually awarded to the Hon ble President by Shri Kumar Swami or not? Thereafter President s Secretariat vide its letter no. 2058/RTI/15-16 dated 10.3.2016 replied that no such Award has been awarded to the Hon ble President. The Petitioner sought same information from the office of the Prime Minister and the office of the Prime minister replied that no such letter issued on the favor of Sh. Kumar Swami. The Copy of RTI Applications dated 22.03.2016 and
10 reply to the RTI application dated 10.03.2017 and are annexed as Annexure P-2 (COLLY). iii. THAT the advertisements like above, have not been published by the aforesaid organization and its office bearers for the 1 st time. In fact they have published several advertisements and they have been openly cheating and misleading innocent people of country. Such advertisements were published on 10.3.2017 and on several other dates. The Copy of the advertisement dated 10.03.2017 published in Hindustan News Paper (Hindi) is annexed as Annexure P-3. iv. THAT though Petitioner through many religious seers contacted aforesaid organization and its office bearers and repeatedly requested them to desist from their illegal activities. But they didn t pay any attention to the petitioner requests. v. THAT result of the above is that a common man falls prey and becomes victim of such advertisements which carry messages and
11 photographs of persons holding Constitutional posts e.g. President, Prime Minister, Home Minister, Governor, Chief Minister, Cabinet Minister etc., in the private advertisements. Because such advertisements claim support of the persons holding constitutional posts. In this manner lakhs and crores of the citizens of this country are exploited by such advertisements which depict messages and photos of the persons holding constitutional posts. Although the actual position stands revealed from the reply given under R.T.I. 2. That on a other aspect with regard to the issue raised by the petitioner in present petition is that, a Company named Reliance launched a product named JIO on 21.07.2017 and in the advertisement of product named JIO the Company used name and picture and name of Sh. Narendra Modi, The Hon ble Prime Minister of India which has been published and telecasted through all medium of media for promotion of said product and services. The
12 Copy of advertisement dated 21.07.2017 is annexed as Annexure P-4 3. That the petitioner sent letter petitions/ Representations to the Ministry of Information and Broadcasting, Press Counsel of India, Office of the Prime Minister, Office if the President of India, Ministry of Home Affairs, Commissioner of Delhi Police on 30.05.2017, 19.06.2017 and to the Editor of Hindustan News Paper on 18.07.2017. The Copy of the Letter petition dated 30.05.2017 and 19.06.2017 are annexed as Annexure P-5.(COLLY) 4. That the Office of the Prime Minister forward the representation of the petitioner to the Commissioner of Delhi Police by letter dated 01.06.2017. The Copy of the Letter dated 01.06.2017 is annexed as Annexure P-6. 5. That the Press Counsel of India sent a letter to the petitioner on 22.06.2017 with direction to furnish certain information which duly complied by the petitioner. The Copy of letter dated 22.06.2017 is annexed as Annexure P-7.
13 6. That Ministry of Home Affairs forwarded the letter petition of the petitioner to the Ministry of Information and Broadcasting by letter dated 17.07.2017 for take suitable action. The Copy of letter dated 17.07.2017 is annexed as Annexure P-8. 7. That Ministry of Information and Broadcasting forwarded the letter petition of the petitioner to the Ministry of Information and Broadcasting ( Media Unit cell) and reminder letter to Department and Consumer Affairs and Under Secretary Press (Ministry of Information and Broadcasting) by letter dated 26.07.2017 for take suitable action. The Copy of letters dated 26.07.2017 are annexed as Annexure P- 9(COLLY). 8. That Ministry of Consumer Affairs forwarded the letter petition of the petitioner to the CPU, Department and Consumer Affairs, Krishi Bhavan by letter dated 02.08.2017 for take suitable action. The Copy of letters dated 02.08.2017 is annexed as Annexure P-10.
14 9. Press Counsel of India issued Show Cause Notice to the Editor of Hindustan News Paper on 09.08.2017 and directed to the Editor for submit reply within 14 days of the receipt of the notice to the complaint of the petitioner and also directed to supply copy of the reply to the petitioner also. The Copy of Show Cause Notice dated 09.08.2017 is annexed as Annexure P-11. 10. That the Editor of Hindustan News paper(hindi) nor send any reply to the complaint of the petitioner, it is important to mention here the said news paper again published same kind of advertisements again on 13.10.2017 after received Show Cause Notice. The Copy of advertisement published by said news paper dated 13.10.2017 is annexed as Annexure P-12. 11. That since the concerned department has failed to take any requisite steps, Petitioner is left with no option but to approach this Hon ble Court for
15 For necessary indulgence on amongst other, the following GROUNDS A. Because the newspaper, news agency or broadcast agencies have offended against the standards of journalistic ethics. B. Because it is necessary and expedient in public interest to ban publishing, printing and misuse of the photographs of the persons holding Constitutional posts e.g. President, Prime Minister, Home Minister, Governor, Chief Minister, Cabinet Minister etc., in the private/classified advertisements. C. Because In this manner lakhs and crores of the citizens of this country are exploited by such advertisements which depict messages and photos of the persons holding constitutional posts 7. That this Hon ble Court has jurisdiction to entertain and decide the present petition. 8. That the annexures filed with the present petition are true copies and true typed copies of their respective originals. 9. That the Petitioner have not approached any other Court including Supreme Court of India seeking similar relief.
16 PRAYER: Under the circumstances, it is, most humbly prayed that this Hon'ble Court may graciously be pleased to: (i) Issue an appropriate writ, orders or directions in the nature of mandamus or may issue appropriate direction to the respondents for banning on publishing, printing, telecasting and misuse of the photographs, names of the persons holding Constitutional posts e.g. President, Prime Minister, Home Minister, Governor, Chief Minister, Cabinet Minister etc., in the private/ classified advertisements. (ii). Pass any other or further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case in the interest of justice. PETITIONER IN PERSON Ajay Gautam R/o 26/127-A, Ground Floor, Siddharth Gali No.10, Vishwas Nagar, Shahdara Delhi-110032. Mobile No. 9811128861 New Delhi Dated:.10.2017
17 IN THE HIGH COURT OF DELHI AT NEW DELHI (ORIGINAL (CRL.) WRIT JURISDICTION) WRIT PETITION (C.) NO. OF 2017 [Petition under Article 226 of the Constitution of India] IN THE MATTER OF : A Public Interest litigation AJAY GAUTAM Versus Press Counsel of India & ORS. AFFIDAVIT. Petitioner...Respondents I, Ajay Gautam aged 45 years, S/o Late Sh. Kishan Chand Gautam R/o 26/127A, SidharthGali No. 10, Vishwas Nagar, Shahdara, Delhi-110032, do hereby solemnly affirm and declare as under: 1. That I am the petitioner above named. 2. That I have filed the present petition as a Public Interest Litigation. 3. That I have gone through the Delhi High Court (Public Interest Litigation) Rules, 2010 and do hereby affirm that the present Public Interest Litigation is in conformity thereof. 4. That I have no personal interest in the litigation and neither myself nor anybody in whom I am petitioner, is interest would in any manner benefit from the relief
18 sought in the present litigation save as a member of the General Public. This petition is not guided by self gain or gain of any person, institution, body and there is no motive other than of public interest in filing this petition. 5. That I have done whatsoever inquiry/ investigation which was in my power to do, to collect all data/ material which was available and which was relevant for this Court to entertain the present petition. I further confirm that I have not concealed in the present petition any data/ material/ information which may have enabled this Court to form an opinion whether to entertain this petition or not and/ or whether to grant any relief, or not. DEPONENT VERIFICATION Verified at Delhi on this day of day of October 2017 that the contents of above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom. DEPONENT
19