SC allows uninterrupted publication of Punjab Kesari, asks group to approach NGT

The top court asked the media house to approach the National Green Tribunal NGT in connection with alleged environmental violations flagged by the Punjab State Pollution Control Board PSPCB. On January 20, the top court directed the Punjab government and its pollution control board not to take any coercive steps against the publication of the Punjab Kesari newspaper in the state.

The Supreme Court on Thursday extended its interim relief to the Punjab Kesari Group, directing that the publication of its newspaper shall continue uninterrupted. The top court asked the media house to approach the National Green Tribunal (NGT) in connection with alleged environmental violations flagged by the Punjab State Pollution Control Board (PSPCB). A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi was hearing two appeals filed against the January 23 judgment of the Punjab and Haryana High Court. The high court had declined interim relief and asked the group to avail alternative statutory remedies, including approaching the NGT. The Punjab Kesari Group approached the apex court alleging targeted and mala fide action by the Aam Aadmi Party (AAP)-led Punjab government and the PPCB. The group challenged a series of coercive steps, including orders to shut down its printing press in Ludhiana and an associated hotel in Jalandhar, which were allegedly part of nearly 20 actions initiated within a span of one week. Senior advocate Mukul Rohatgi, appearing for the Group, submitted that despite protective orders passed by the top court on January 20, the authorities continued to act in a coercive and vindictive manner. He informed the court that the January 20 order had expressly directed that the printing press be allowed to function uninterruptedly until the Punjab and Haryana High Court decided the matter. However, on January 23, the high court raised a jurisdictional issue and asked the group to approach the NGT, without granting further interim protection. Challenging this, Rohatgi alleged mala fide conduct on the part of the PSPCB and urged that an independent authority be appointed to examine compliance, particularly with respect to the hotel premises. After considering the submissions, the CJI-led bench said while there was no reason to interfere with the high court's decision relegating the petitioners to alternate remedies, the ''peculiar facts and circumstances'' of the case warranted clarificatory directions. ''The petitioners may approach the National Green Tribunal, if so advised, at the earliest, along with an application for interim directions,'' it said, adding, ''In view of the categorical stand taken on behalf of the petitioners that the hotel has already complied with all the norms, including the STPs, etc, the petitioners may request the National Green Tribunal to constitute an expert team to visit the site where officers of the State Pollution Control Board may also be associated.'' The bench said it did not express any opinion on the merits of the parties' claims and left all issues open to be decided by the NGT. It further ordered that until further directions are passed by the Tribunal, the hotel shall remain non-functional. On January 20, the top court directed the Punjab government and its pollution control board not to take any coercive steps against the publication of the Punjab Kesari newspaper in the state. The top court took up the plea of the newspaper group on an urgent basis upon oral mentioning, and ordered that the printing presses of the Hindi daily shall continue to function uninterruptedly notwithstanding the PSPCB's decision to snap power supply due to alleged violations.

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