New Delhi:The Supreme Court on Monday observed that it was disturbing to see how the Andhra Pradesh High Court had dealt with the matter of the Telugu daily Eenaduchallenging the state Government Order (GO) aimed at benefiting Sakshi newspaper allegedly owned and controlled by Chief Minister of Andhra Pradesh.
The apex court remarked that the petition byEenadumay be transferred to the Division Bench of Delhi High Court, who shall consider the matter finally, to which CS Vaidyanathan representing the respondents sought time till Friday to seek instructions from his client. The case involves the Andhra Pradesh government appointing volunteers in September 2020, to propagate the government schemes and to assist the public in availing of the government schemes.
As many as 2.56 lakh volunteers were appointed at the rate of one volunteer for every 50 households. In June 2022, the government of Andhra Pradesh passed a GO sanctioning a sum of rupees Rs 200 to be paid to each of the 2.56 lakh village/ ward volunteers to buy the widest circulated newspaper, apart from their honorarium of Rs 5000 per month. Another GO was passed in December 2022, sanctioning a payment of Rs.200 to each of the 1.45 lakh gram/ward functionaries.
Eenaduchallenged the two government orders before Andhra Pradesh High Court at Amravati in February 2023 on the ground that even though the GOs did not specifically mention the nameSakshi, the various conditions put in them, coupled with the fact that the Chief Minister and the other ministers and party functionaries calledEenadu 'yellow media' and called upon the public not to read Eenadu would make Sakshi the obvious choice of the volunteers to purchase.
The matter was taken up by a division bench of Andhra Pradesh High Court, presided by Chief Justice, which declined to pass an interim order and took up the matter to be heard along with another PIL of the year 2020. Aggrieved by the said order of the division bench of AP High Court,Eenadufiled a special leave petition before the Supreme Court.
On March 29, the Supreme Court ordered notice to the respondents. On Monday, the respondent appeared before Supreme Court represented by Senior Advocates CS Vaidyanathan and Ranjit Kumar.
The apex court asked who these volunteers were and how are they to be appointed. To which the petitioners led by Senior Advocates Mukul Rohatgi and Devdutt Kamat, assisted by Advocate Mayank Jain, Advocate, submitted that they are party workers working for the political agenda. Following it, the Court said: "It is very disturbing how the matter has been dealt in the High Court and therefore, the writ petition may be transferred to the Division Bench of Delhi High Court, who shall consider the matter finally".
Transfer of the writ petition to the Delhi High Court was objected by Advocate Vaidyanathan who stated that the matter is coming up for hearing on April 21 and therefore transferring the case to Delhi High Court at this stage would "unnecessarily delay the matter". Advocate Mukul Rohatgi stated that the writ petition of Ushodaya cannot be heard along with the PIL and it would be apt to transfer the matter to Delhi High Court.
At this stage, Vaidyanathan sought time till Friday to seek instructions from his client. The Supreme Court observed that it will stay the GOs and all consequential action on which the Counsel for the respondent took time for taking instruction on the same. The matter is posted for hearing on Monday, April 17
