Subramanyam swamy filed a case that appointment of sidhdharth varadarjan as managing editor is invalid as he is not an indian citizen. Verdict was given yesterday. Most of the mainline newspapers have reported that swami's petition is dismissed and newspapers can employ foreign citizens. But this is what the judgement says:
"Delhi High Court on Tuesday observed that it was desirable that non-citizens should not be the editors of any publication in India. A bench comprising Justices Pradeep Nandrajog and VK Rao said that since the Parliament was set to consider the new Bill on the related issue, the court was not intended to pass any order in this regard.
“If being a citizen of India is the pre-requisite of the three pillars of democracy: The Legislature, The Executive and The Judiciary; no person can be elected to a legislature unless he is a citizen of India, no person can hold a public post if he is not a citizen of India, no person can hold the office as a judge if he is not citizen of India, it would be illogical that a person who is the pivot of the Fourth Estate is not a citizen of India,” said the judgement highlighting the role of Fourth Estate in India.
The court observed that “citizenship kindles a sense of patriotism and loyalty and thus it may be desirable that a person who is not a citizen of India should not be an editor of a publication in India”.
The order came on a petition filed by BJP leader Subramanian’s Swamy against The Hindu newspaper for appointing a US citizen as its editor in 2011.
Swamy challenged the appointment of Siddarth Varadarajan as The Hindu’s Editor, citing that he was a US national. Swamy’s petition became infructuous, after Varadarajan’s exit from the job. Later the petitioner asked the court to give directions to Registrar of Newspapers to not allow appointment of foreign citizens in Indian publications in future.
However, the high court did not entertain Swamy’s demand on this regard, citing that the Select Committee had already ratified the new Press and Registration of Books and Publications Bill 2011 and it was pending for consideration of the Parliament.
“Hoping that the Parliament would find some time to consider the Press and Registration of Books and Publication Bill, 2011 which is pending consideration now for over two years, we dismiss the writ petition…,” said the high court, expressing its reservations on intervening on legislative process.
Varadarajan and The Hindu did not contest the case though the court sent notices to them to respond by October 23. Two days before the mandated reply to the court, Varadrajan exited from The Hindu, making the petition infructuous.
"Delhi High Court on Tuesday observed that it was desirable that non-citizens should not be the editors of any publication in India. A bench comprising Justices Pradeep Nandrajog and VK Rao said that since the Parliament was set to consider the new Bill on the related issue, the court was not intended to pass any order in this regard.
“If being a citizen of India is the pre-requisite of the three pillars of democracy: The Legislature, The Executive and The Judiciary; no person can be elected to a legislature unless he is a citizen of India, no person can hold a public post if he is not a citizen of India, no person can hold the office as a judge if he is not citizen of India, it would be illogical that a person who is the pivot of the Fourth Estate is not a citizen of India,” said the judgement highlighting the role of Fourth Estate in India.
The court observed that “citizenship kindles a sense of patriotism and loyalty and thus it may be desirable that a person who is not a citizen of India should not be an editor of a publication in India”.
The order came on a petition filed by BJP leader Subramanian’s Swamy against The Hindu newspaper for appointing a US citizen as its editor in 2011.
Swamy challenged the appointment of Siddarth Varadarajan as The Hindu’s Editor, citing that he was a US national. Swamy’s petition became infructuous, after Varadarajan’s exit from the job. Later the petitioner asked the court to give directions to Registrar of Newspapers to not allow appointment of foreign citizens in Indian publications in future.
However, the high court did not entertain Swamy’s demand on this regard, citing that the Select Committee had already ratified the new Press and Registration of Books and Publications Bill 2011 and it was pending for consideration of the Parliament.
“Hoping that the Parliament would find some time to consider the Press and Registration of Books and Publication Bill, 2011 which is pending consideration now for over two years, we dismiss the writ petition…,” said the high court, expressing its reservations on intervening on legislative process.
Varadarajan and The Hindu did not contest the case though the court sent notices to them to respond by October 23. Two days before the mandated reply to the court, Varadrajan exited from The Hindu, making the petition infructuous.
