'No Legally Enforceable Right Infringed': Bombay High Court Dismisses Plea To Prohibit Newspapers From Publishing Pictures Of Gods & Goddesses

A division bench led by Chief Justice Dipankar Datta observed that drafting such a policy would directly come within the domain of the executive.

"Where is the legislation? The court can intervene only if a legally enforceable right is sought to be infringed," CJ Datta said.

"It is within domain of legislature & even executive. What the petitioner intends to have is legislation through a judicial order," the bench added.

The Supreme Court has observed that "It is not the function of the High Court, to either legislate, or even to direct the state to [draft] a particular legislation," the High Court said.

According to the petitioner Advocate Firoz Babulal Sayyed from Nashik a complete prohibition on publication of Idols (Gods) in newspapers is required and thereby changes in the official Gazette as well as Rule/Law was necessary.

Maximum of these pictures are published during festivals. The petitioner felt this was wrong as those newspapers afterwards were used for wrong purposes, "We can see photos of idols on road side or in dustbin. Moreover the purpose for preferring this Petition now is Pandemic of COVID-19 since last 1 ½ years i.e. showing photos of Idols(Gods) in newspapers will encourage public to celebrate festivals in crowds and invite COVID-19 excess cases. This practice of Newspapers needs to be stopped and restricted immediately," the petition filed last year reads.

The petitioner said in the PIL that he is actively involved in social activities, is a lawyer by profession and practices in Nashik District and Sessions Court.

The petitioner also states he has gone through the entire News Papers (Price and page) Act, 1956 and found that the Local as well as National News Papers are not following the provisions properly.

"Hence preferring this Petition for prohibition, enactment and changes regarding such wrongful publications in newspapers and to control the arbitrary working of the newspaper publishers."

However, the petition was dismissed.

The plea was filed through advocate Pritesh K Bohade.

Citation: 2022 LiveLaw (Bom) 172