'Dr.

Subramanian Swamy

Ph.D. (Harvard)

President, Janata Party Minister for Commerce, Law & Justice (1990-91)
Chairman (with Cabinet rank), Commission on Labour Standards and International Trade (1994-96) Member of Parliament (1974-99)

JANATA PARTY
A-n, Nizamuddin (East) New Delhi - 110013 Phone: 4647388, 4649063 Fax:4642921 Mobile: 9810194279

June 6, 2012 From: Dr. Subramanian Swamy, National President, Janata Party, A-77, Nizamuddin(East). New Delhi 110013. 'rel/Fax: 24357388

To: I. Press Registrar OfTice of The Registrar of Newspapers For India, Ministry of Information And Broadcasting, West Block VIII. Wing-2, R.K. Puram. New Delhi - 110066 prrni({i)nic,i~! 2. Asstt. Press Registrar,

0/0 Registrar of Newspapers f"(xIndia.

B-2B, Rajaji Bhawan, Besant Nagar. Chennai-90

Re: Complaint requesting declaration of Sidhalth citizen as Editor, The Hindu, NULL and VOID We request that the appointment declared NULL and YOlO.

Varadarajan,

an American

of Sidharth Varadarajan as Editor, The Hindu be

According to Press Information Bureau Accredited Journalists list of 2008-2009 and as noted from Page 64 of this document, the penultimate person's name is Sidharth Yaradarajan whose nationality is stated to be United States: Serial Number: 1598 Siddharth Varadarajan Nationality: US Category: Correspondent Organisation: The Hindu Place: Chennai PIB Card Number: 2447

Sidharth Varadan~jan has been named Editor of The Hindu published from 2, Anna Salai, Chennai 600002.

Sidharth Varadarajan announces himself as The Editor in many forums. Here is a news report published in The Hindu of April 24,2012: Published: April 24, 2012 12:15 1ST I Updated: April 24, 2012 14:35 1ST The Hindu and Akshaya Tritiya We can-ied a 'jacket' on Monday in our Tamil Nadu ,editions that featured a me~;sage - laid outin the form of an in-house advertisement - to readers on the occasion of Akshaya Tritiya on behalf of"nze Hindu ". Neither L as Editor of The Hindu, nor anyone from the editorial side, was involved in the drafting of this message. Nor did we know ot let alone approve, its contents, For the record, it is not The Hindu's editorial position that Akshaya Tritiya, an occasion that has risen to prominence only relatively recently, is one of "the most auspicious days in the Hindu religion," Nor can we possibly endorse this statement - "The belief that buying gold on this day would make you prosperous throughout the year is shared by one and all" - or others contained in that message. We have nm\' taken internal steps to ensure that advertising messages put out in the name of The Hindu are consistent with its editorial policy and that our Code of Editorial Values. \\'hich says there is "a firm line between the business operations of the Company and editorial operations and content", is strictly adhered to by all. - Siddharth Varadarajan Editor Source: http://www.tb~J1indu.com/news/resources/articIe3348617.ecc?css=print The proviso to Section 5 of the Press and Registration of Books Act, 1867 (hereinafter referred as PRB Act, 1867) reads, "no person who does not ordinarily reside in India, or who has not attained majority in accordance with the provisions of the Indian Majority Act, 1875 (9 of 1875), or of the law to which he is subject in respect of the attainment of majority, shall be permitted to make the declaration prescribed by this section, nor shall any such person edit a newspaper". Consequently, Sidharth Varadarajan who is a citizen of USA cannot edit a newspaper in India as he is not ordinarily resident in India. His appointment as an editor contravenes the Proviso to Section 5 of the Press and Registration of Books Act, 1867,

Also the THE PRESS AND REGISTRATION OF BOOKS AND PUBLICATIONS BILL, 2011, which is pending before the Parliament, defines an editor as: means a person, whether called editor, chief-editor, subeditor or by whatever name called, who is a citizen of India and ordinarily resides in India, who controls the selection of the matter that is brought out in a publication" Citizens of India will be inhibited from proceeding against the Editor who is a foreign citizen, for any infractions such as defamation since Editor has the right to decide on inclusion of reports in the newspaper. Since Varadarajan is NOT a citizen of India and does NUf ordinarily reside in India, such a pcrson CANNO,]' edit a nc\vspapcr according to this section of the Act. Since Sidharth Varadarajan is a foreigner, we have no recourse to file criminal complaints against him under Press & Registration of Books Act, 1867. Siddhat1h Varadarajan as 'fhe IIindu's under the 'fhe Press and Registration 1867: editor would be responsible for selection of nc\ys of Books (PRB) Act. In terms of the PRB Act.

"Section 2 (c): "editor"

'Nev./spaper' means any printed periodical work containing public news or comments on public news. Section 5 provides that no newspaper shall be published in India except in conformity with the rules hereunder laid, and the relevant rules are :Section 5. Provided that no person who does not ordinarily reside in India, or who has not attained majority in accordance with the provisions of the Indian Majority Act, 1875 (9 of 1875), or of the land to \vhich he is subject in respect of the attainment of majority, shall be permitted to make the declaration prescribed by this section, nor shall any such person edit a newspaper.
hLtr01LimLil1J.l~lL19_\1-~L!o~m!.~t~~~() 5 0 Q1QL

Further to the definition of 'ordinarily resident in India' in the context of Citizenship Act, 1955, the folJowing provisions of Representation of Peoples Act also have a bearing on the reading of the PRB Act 1867 provisions related to eligibility for being an Editor of a newspaper in India: In terms of Section 2(e) of the Representation of Peoples Act, 1951, an elector in relation to a constituency means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 oftheRP Act, 1950 (43 of 1950). Section 16 of RP Act] 950 reads as follows: 16. Disqualification for registration in an electoral roll: (l) disqualified for registration in an electoral roll if he -(a) is not a citizen oflndia: or A person shall be

(b) is of unsound mind and stands so declared by a competent court: or (c) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections ... 2 [19. Conditions of registration.--Su~ject to the foregoing provisions of this Part, every person who --(a) is not less than3 [eighteen years] of age on the qualifying date. and (b) is ordinarily resident in a constituency. shall be entitled to be registered in the electoral roll for that constituency.] 20. Meaning of "ordinarily resident".-4 [( 1) A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns. or is in possession house therein.

of, a (hvelling residence

(IA) A person absenting himself temporarily from his place of ordinary shaH not by reason thereof cease to be ordinarily resident therein. The intent of PRB Act 1867 is thus clear. An editor of a newspaper India. and who is ordinarily resident in India.

should be a citizen of

An Editor of a newspaper as part of the Fourth Estate is in a particularly important position to inf1uence the democratic processes including elections in India. It will adversely impact national security and go against public interest if a foreigner is allowed to become Editor of a nc\vspaper like Thc Hindu. So. Sidharth Varadarajan's appointmcnt should be annulled FORTIIWITlL The term 'ordinarily resident in India' used in PRB Act 1867 is to be read with section 5 of the Citizenship Act 1955 any person (not being an illegal migrant) if he belongs to any of the following categories: a person of Indian origin who is ordinarily resident in India for seven years before making application under section 5(1 )(a) (throughout the period of twelve months immediately before making application and for six years in the aggregate in the eight years preceding the twelve months). Further, Citizenship of India by naturalization can be acquired by a foreigner who has resided in India for twelve years. The applicant must have lived a total of 12 years in India in a period of 14 years, and must have lived in India for 12 months uninterrupted prior to applying for citizenships. Thus. by a harmonious construction of the definition of 'not ordinarily resident' in Section 5(8) of PRI3 Aet 1867 and Section 5 of Citizenship Act 1955, Sidharth Varadarajan CANNOT CLAIM to be 'ordinarily resident in India'. Hence, he is NOT eligible to be Editor of any newspaper in India. The intention of the PRB Act 1867 is thus clear. that only a person born of Indian origin ordinarily resident in India for seven years and \o\'ho is declared eligible for Indian citizenship can hold office of Editorship of a newspaper in India. Newspaper is the fourth estate in Indian Republic and Indian national security and rule of la\\' cannot be compromised by making a foreigner hold controlling interest in the

content of a newspaper. The letter and intent of the law bar Sidharth holding office as Editor, The Hindu.

Varadan:~jan from

Further to the definition of 'ordinarily resident in India' in the context of citizenship act. the f()llowing provisions of RP Acts also have a bearing on the reading of the PRB Act 1867 provisions related to eligibility l()r being an Editor of a newspaper in India: Reference to Apex Court judgerncnt: In a case. Supreme Court of India in Anwar vs The State Of J. & K on 7 July, 1970 Bench: Dua, I.D.HELD : (i) The petitioner was a foreigner as defined in the Foreigners Act and not being a citizen. he was clearly not entitled to any fundamental right guaranteed by Aliicle 19 of the Constitution. His entry into this country was also without any right he had thus no right to remain within the territories of India. Equivalent citations: 1971 AIR 337. 197 I SCR (1) 637 Sidharth Varadan~jan is a foreigner under the Foreigners Act, 1946.

An Editor of a newspaper as part of the Fourth Estate is in a particularly important position to influence the democratic processes including elections ,in India. It will adversely impact national security and go against public interest if a foreigner is allowed to become Editor of a newspaper like The Hindu. So, Sidharth Varadarajan's appointment should be annuJled FORTHWITH. We request that the appointment declared NULL and VOID. of Sidharth Varadarajan as Editor, 'l'he Hindu be

Sd.

/ /; L.,.,------- ~
Swamy

Subramanian

Cc:
The Secretary Ministry ofInformation and Broadcasting Shastri Bhawan Ne\v Delhi-] 1000 j secv.inb(a;'nic.in Ambika Soni Union Minister Ministry of Information and Broadcasting Shastri Bhawan, New Delhi 11 0001 mib.inb(iV,nic.in Neelam Kapur Principal Director General

Press Information

Bureau

Shastri Bhawan. New Delhi - 110001 pdg-pib@nic.in

The Chairman. Press Council ofIndia. Soochna Bhavan. 8-C.G.0. Complex. Lodhi Road, New Delhi-II 0003 pcids<lV,vsnl.net

The Secretary. Press Council of India, Soochna Bhavan. 8-C.G.0. Lodhi Road,

Complex,

New Delhi-II 0003 pci<lV,aIDha.nic.in Editor, The Hindu, Anna Salai. Chennai600002 Tel. 28415325, lht;.~JitQr((i~lhehil1du.q).in

District Collector/Magistrate. Chennai District, Collectorate. 62 Rajaj i Sa!ai. Chennai 60000 I. Tel. 25228025. Fax 25228025&~~UL~bll@IlLc,:irJ Chief Minister, GOV1.of Tamil Nadu. Chennai. Fort. St. George. Chennai600009
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