Tuesday, August 9 2005 15:38 Hrs (IST) - World Time -

New Delhi: Terming the provisions of the Press and Registration of Books Act, 1867 as a reflection of 'colonial mindset', the Delhi High Court has said that the Government should consider introducing changes in the archaic law to bring it in conformity with freedom of speech and expression guaranteed under the Constitution.

"These provisions reflect a colonial mindset which appears to be an anachronism in the contemporary democratic era in which freedom of speech and expression is guaranteed under Article 19(1)(a) of the Constitution and is one of the pillars of the Indian democracy," Justice Mukul Mudgal said.

The court felt that the 138-year-old Act, particularly Section 5(2), needed to be changed as it required the printer and publisher of a newspaper to appear in person or through an agent before a Magistrate for the declaration in respect of publication of newspaper and every change carried out in relation to the newspaper.

"It is for the Government to consider whether such outdated norms embodied in the Act which are reflective of expression of imperial power of the ruler over printers and publishers of newspapers ought to remain on the statute book," the court observed.

The court's observations came in a case wherein the Institute of Chartered Accountants of India, publishers of a journal 'The Chartered Accountant' had dragged its former publishers Living Media India Ltd, Ministry of Home Affairs, Ministry of Information and Broadcasting, DCP Licensing and Registrar, Newspapers of India (RNI) over change of printer and publisher.