HARBHAJAN SINGH versus PRESS COUNCIL OF INDIA AND ORS.

HARBHAJAN SINGH versus PRESS COUNCIL OF INDIA AND ORS.

Section 6(7) of the Press Council Act, 1978, read in its ordinary and grammatical sense, precludes only a retiring member from being re-nominated for not more than one term. It does not bar a person who has served two terms in the past from being freshly nominated to the Council. The clear words of the statute cannot be stretched by implication to impose a lifetime bar on membership beyond two terms. A distinction exists between 'retiring' and 'retired', and between 're-nomination' and 'nomination'.

Parties
Appellant: Harbhajan Singh; Respondents: Press Council of India and Ors.
Jurisdiction
India
Judgment Date
11 March 2002
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal by Special Leave From Division Bench Judgment of Delhi High Court
Outcome
Appeal allowed
Legal Topics
Press Council Membership Eligibility, Interpretation of Statutes
Administrative Law Media Law Press Council Membership Eligibility Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Harbhajan Singh

Appellant

Press Council of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal by Special Leave From Division Bench Judgment of Delhi High Court

Legal Issues

  1. 1 Whether Section 6(7) of Press Council Act, 1978 debars a person who had been a member of the Council for two terms in the past from being nominated again

Ratio Decidendi

Section 6(7) of the Press Council Act, 1978, read in its ordinary and grammatical sense, precludes only a retiring member from being re-nominated for not more than one term. It does not bar a person who has served two terms in the past from being freshly nominated to the Council. The clear words of the statute cannot be stretched by implication to impose a lifetime bar on membership beyond two terms. A distinction exists between 'retiring' and 'retired', and between 're-nomination' and 'nomination'.

Court Disposition

Appeal allowed

Orders

  • Judgment of the Division Bench of the Delhi High Court set aside
  • Judgment of the learned Single Judge restored