Not Between Two Newspapers, This Is Between Two Political Parties: Supreme Court Transfers Plea Of Telugu Daily 'Eenadu' To Delhi HC

The Supreme Court on Monday transferred to the Delhi High Court a petition filed by Ushodaya Publications, which owns a leading Telugu daily "Eenadu", challenging the Government Order (GO) allegedly aimed at improving sales of "Sakshi" newspaper (allegedly owned and controlled by Chief Minister of Andhra Pradesh). The petitioner had approached the Apex Court against a judgement of the Andhra Pradesh High Court which refused to stay the GO in question.

The matter was heard by a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.

At the very outset, CJI DY Chandrachud remarked that the bench would transfer the matter to Delhi High Court. Senior Advocate CS Vaidyanathan, appearing for the Government of Andhra Pradesh opposed the same stating that such a transfer would cast aspersions on the Andhra Pradesh High Court. However, the bench ensured him that no aspersions would be raised on the conduct of the Andhra Pradesh High Court. CJI DY Chandrachud orally remarked–

"What weighed upon us is that this is not between two newspapers, this is between two political parties."

Accordingly, the following order was passed–

"It would be in the interest of justice that the petition is transferred to Delhi High Court. We request the bench presided by the Chief Justice of Delhi High Court to take up the matter. Parties are left open to move the High Court of Delhi for variation of the interim order of such directions as sought. Transfer to Delhi High Court shall not reflect upon the conduct of the proceedings in the Andhra Pradesh High Court."

The Government Order in question sanctioned Rs.200/- per month from the State funds as additional financial support for each Gram Volunteer/Ward Volunteer to enable them to purchase one widely circulated Telugu newspaper which gives them more knowledge and awareness on contemporary issues and information on Government schemes.

Ushodaya Publications, which owns "Eenadu", alleges that the price ceiling in GO is fixed in a manner so as to promote "Sakshi". It was pointed out that the monthly subscription charge of "Sakshi" was Rs.176.50 per month, whereas, the charge for "Eenadu" was Rs.207.50 per month. It was contended that the government had purposely fixed the additional grant of Rs.200/- per month to suit the monthly subscription charges of "Sakshi" to help the newspaper grow over and above the circulation of "Eenadu". Ushodaya approached the Supreme Court after the Telangana High Court refused to stay the GO.

Case Title: Ushodaya Enterprises v. State of Andhra Pradesh | SLP(C) No. 4855-4857/2023