"A free press is one of the pillars of Democracy."-- Nelson Mandela's Address to the International Press Institute Congress, February 14, 1994

While batting most strongly, stoutly and sincerely for the press freedom, the Single Judge Bench led by Hon'ble Ms Justice Pratibha M Singh in a most laudable, learned and latest judgment titled Union of India vs Express Newspapers Limited & Ors in CS(OS) 2480/1987 and CS(OS) 52/1988 and cited in Neutral Citation No.: 2024:DHC:6559 that was reserved on 27 May, 2024 and then finally pronounced on 30 August, 2024 has most commendably, courageously and convincingly quashed a 47-year-old eviction notice that had been issued by the Central Government to 'The Indian Express' newspaper seeking to oust the paper from its Bahadur Shah Zafar Road office in Delhi.

Without mincing any words, the Delhi High Court was categorical in ruling that the notices and efforts to evict the paper out of the building by the then government were to muzzle free press and dry up its source of income. It must be noted that the Bench disclosed that the notice by which the government terminated the lease was never served on 'The Indian Express' newspaper. The Bench held laudably that since the government's acts were illegal acts and the litigation dragged on for nearly five decades, the costs of Rs 5 lakh should be paid to 'The Indian Express' newspaper. Very rightly so!

At the very outset, this notable judgment authored by the Single Judge Bench comprising of Hon'ble Ms Justice Pratibha M Singh of Delhi High Court sets the ball in motion by first and foremost putting forth precisely in para 1 that:
In the judicial history of a nation, the impact of some cases is beyond their own facts, with larger ramifications for institutions, citizens and their Rights. The present dispute between a well-known media house and the Government has spanned over five decades, witnessing critical historical events such as the Emergency and its aftermath. The dispute erupted as a result of action taken by the then Government in 1977-79, against a media house, for its fair and independent role during the Emergency imposed between the years 1975-1977 (Emergency period from 25th June, 1975 to 21st March, 1977). Ultimately, the Rights enshrined in the Constitution of India have emerged more powerful and stronger with the seminal decision rendered early on by the Supreme Court (Express Newspapers Pvt. Ltd. and Others v. Union of India and Others, 1986 1 SCC 133.) in exercise of its jurisdiction under Art.32 of the Constitution.

Briefly stated, the Bench lays bare in para 2 that:
The present two suits i.e., CS(OS) 2480/1987 and CS(OS) 52/1988 are related to a premises leased to Express Newspapers Ltd. i.e., Plot Nos. 9- 10, Bahadur Shah Zafar Marg, New Delhi-110002 (hereinafter 'suit property') which is a publisher of various Newspapers and magazines including Indian Express. Broadly, there are only two parties involved in the present dispute i.e., the media house and the UOI. However, certain tenants of the media house as also the promoters were impleaded.

To put things in perspective, the Bench envisages in para 6 that:
By way of background, it deserves to be noticed that initially, Express Newspapers were allotted plot nos. 1 and 2 which were close to the Tilak Bridge, ITO, New Delhi. These plots were part of the ten plots which were earmarked for the press/publications and were loosely termed as the Press Enclave. It is averred that due to a specific request made on behalf of the then Prime Minister – Pandit Nehru, as per the record, the founder of the Express Newspapers, Mr. Ram Nath Goenka surrendered plot nos. 1 and 2 and as an alternative, present plot nos. 9 and 10 were allotted, as the said plot nos. 1 and 2 were to be allotted for the establishment of the Gandhi Memorial Hall (Pyare Lal Bhawan).

The intended lease agreement for Plot nos. 9 and 10, was executed on 17th November, 1952 and the agreement for lease was entered on 26th May, 1954. During construction, an underground sewer pipe line was discovered. This resulted in a change in the construction, which was planned for the building and a revised allotment was made. The terms of the revised allotment dated 11th April, 1956 were that the building line should be 25ft. away from the east side of the Central line of the sewer and excavation of foundation shall not be less than 20 ft. away from the central line of the sewer.

As we see, the Bench reveals in para 15 that:
It is the case of Express Newspapers that during the dark days of the Emergency, Express Newspapers and its owner at that time- Mr. Ram Nath Goenka had stood up to the excesses of the then Government.

Most significantly, the Bench in its concluding part very rightly propounds and holds in para 118 mandating that:
In terms of the discussion above, the conclusions arrived at in these two suits are summarized, and set out below:

1. The decision delivered by the three Judges Bench of the Supreme Court in Express Newspapers (supra) is binding on this Court under Article 141 of the Constitution of India. The said decision is not only binding on this Court, but also on all the other government authorities;
2. The distinction sought to be raised between the judgements authored by Hon'ble Mr. Justice Sen on the one hand and the other two Judges on the other hand, is untenable. The judgement is to be read as a whole;
3. The stand of the Union of India, that the decision of Justice Sen is merely a minority view, is not tenable;
4. In the opinion of this Court, to re-agitate already adjudicated issues in the manner as is sought to be done by issuing fresh notices of termination is in total disregard of the painstaking judgment of the Supreme Court which had already addressed all these issues;
5. Post the decision of the Supreme Court, there were only two courses of action available for the Union of India i.e., to raise a demand for conversion charges and additional ground rent along with any reasonable interest or upon failure, to file a suit;
6. The observations of the Supreme Court are squarely applicable to the notice dated 2nd November, 1987;
7. The notices dated 2nd November, 1987 to Express Newspapers as also to the tenants were nothing but an attempt by the then Government to muzzle the press and dry up its source of income. The said re-entry notice to Express Newspapers as also the notices to the tenants – both dated 2nd November, 1987 are declared unlawful and illegal. The same are accordingly quashed and set-aside;
8. As per the judgment of the Supreme Court, the only amounts payable by Express Newspapers would be Conversion Charges and Additional Ground Rent. There is no unauthorized construction or misuse and hence no damages for misuse or mesne profits is recoverable by the UOI. Apart from this, Ground Rent is payable for occupying the premises for the last several years when the same was not paid due to pendency of this litigation. [See Paragraph 102 to 117] THIS ISSUE IS DECIDED IN FAVOUR OF EXPRESS NEWSPAPERS.
9. The only charges that are to be paid are conversion charges, additional ground rent and ground rent which is determined as a total sum of Rs.64,03,007.44/- inclusive of interest @18% p.a. for the years when they became due. In the opinion of this Court, due to the long period during which the litigation remained pending, awarding of compound interest would be unjust.
10. No other charges, damages, mesne profits or misuse charges would be liable to be paid as Express Newspapers is not in unauthorized occupation of the property in question and there has also not been any misuse;
11. The above charges would be in accordance with the judgment of the Supreme Court as observed in paragraph 194.
12. If the above stated amount is paid by 31st December, 2024 by Express Newspapers, no further interest would be liable to be paid;
13. Express Newspapers may, within four weeks, apply for conversion of the land from lease hold to free hold, which shall be processed and a decision shall be taken by the government by 31st December, 2024.

It is worth noting that the Bench then notes in para 119 that:
Both the suits i.e., CS (OS)2480/1987 and CS(OS) 52/1988 are accordingly liable to be decreed in terms of the decision rendered above and summarized in paragraph 118 as per issues decided and computation determined. Decree sheet be accordingly drawn in terms of paragraph 118. Applications, if any are also disposed of in terms of this judgement.

Finally, the Bench then draws the curtains on this sagacious judgment in para 120 directing that:
Considering the fact that this litigation has been so long drawn even after the decision of the Supreme Court and the Government sought to again terminate the lease and issue notices for re-entry which are illegal and invalid, costs of Rs. 5 lakhs are awarded to Express Newspapers. The same be paid within one month. Decree sheet be drawn accordingly.

In a nutshell, we thus see that the Delhi High Court has very rightly quashed the 47-year-old Central Government's notice to evict 'The Indian Express' newspaper from its Bahadur Shah Zafar Road Office in Delhi for which it definitely must be applauded unequivocally. We must note that the Central Government had claimed that the newspaper owed over Rs 17,000 crores to the government. But the Delhi High Court ruled explicitly that the paper need to pay only Rs 64 lakh. This is definitely a very big victory not only for The Express Group but also for the freedom of the Indian Press which has to be celebrated by all those who believe in the liberty and independence of the press!

Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh