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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL     APPEAL     NO.     6508       OF     2012   (SPECIAL LEAVE PETITION(C.)NO.23869 OF 2012)

PRESS COUNCIL OF INDIA      ...APPELLANT

                VERSUS

UNION OF INDIA & ANR.                ...RESPONDENTS

(WITH     C.A.NO.6509     OF     2012     @     S.L.P.(C)NO.23868/2012)   

O     R     D     E     R   

1. Leave granted.

2. These appeals are directed against the judgment  

and order dated 10.04.2012 passed by the High Court  

of Judicature at Allahabad in Writ Petition  

No.2685/2012 (PIL Civil).

3. Learned Additional Solicitor General appears  

and represents respondent no.1 - Union of India.

4. We have heard Shri P.P.Rao, learned Senior  

Counsel for the appellant in Civil Appeal @ S.L.P.

(C)No.23869/2012 and Smt.Madhavi Divan, learned  

counsel   for   the   appellant   in  the connected  

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Civil Appeal and also the learned Additional  

Solicitor General.   

5. Shri P.P.Rao, learned Senior Counsel appearing  

for the appellant has taken us through the prayers  

in the Writ Petition, which read as under :

“(a)Issue a writ of Mandamus directing the  Respondent, viz. Union of India through the  Principal Secretary, Prime Minister's Office  to conduct an enquiry (preferably an enquiry,  by an Independent Judicial Commission) in the  news article dated 04/04/2012 published in  “The Indian Express” attached as Annexure No.1  in case this Hon'ble Court seems to agree (in  consultation with the Respondent) with the  point of view presented by the petitioner in  this Writ Petition and to take suitable action  against such persons as found guilty in this  enquiry report as per the various provisions  of law as mentioned in para 29 of this Writ  Petition and/or any other suitable provisions  in accordance with the enquiry report, in case  this Hon'ble Court (in consultation with the  Respondent, the Union of India through the  Principal Secretary, Prime Minister's Office)  seems to agree with it.

(b) Issue a writ of Mandamus directing the  Respondent, viz. Union of India through the  Principal Secretary, Prime Minister's Office  to definitely conduct an enquiry (preferably  an enquiry by an Independent Judicial  Commission) as regards the news article dated  4.4.2012   published  in “The Sunday Guardian”  

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attached as Annexure No.5 and to take suitable  legal action as per the various provisions of  law as mentioned in para 29 of this Writ  Petition and/or any other suitable provisions  in accordance with the enquiry report, against  all such persons as found guilty in this  enquiry report.”

6. After taking us through the aforesaid prayers,  

the learned Senior Counsel has taken us through the  

order passed by the High Court.  The relevant  

portion of the order reads as under :

“.....We think it appropriate to direct the  Secretary, Home Affairs, and the Secretary,  Information & Broadcasting, Government of  India and the Principal Secretary (Home),  Government of U.P., to ensure that there is no  reporting/release of any news item by the  Print as well as Electronic Media relating to  the subject matter, namely, the movement of  troops as contained in the accompanying  annexures.”

7. Having gone through the prayers in the Writ  

Petition and the orders passed by the High Court,  

we are of the opinion that the High Court ought not  

to have issued the aforesaid direction for the sole  

and   simple   reason that the prayers in the writ  

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petition were entirely different from the order  

passed by the High Court and the order passed by  

the High Court as aforesaid is also not in  

consonance with the prayers so made.  On this short  

ground alone, the appeals are required to be  

allowed and they are allowed accordingly and the  

orders passed by the High Court is set aside. We  

clarify that we have not gone into other issues  

raised by the appellants in these appeals.

Ordered accordingly.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI; SEPTEMBER 14, 2012

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