'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)

From:

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

To:

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

June 6, 2012

I. Press RegistrarOfTice 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 Sidhal·th Varadarajan, an Americancitizen as Editor, The Hindu, NULL and VOID

We request that the appointment of Sidharth Varadarajan as Editor, The Hindu bedeclared NULL and YOlO.

According to Press Information Bureau Accredited Journalists list of 2008-2009 and asnoted from Page 64 of this document, the penultimate person's name is SidharthYaradarajan whose nationality is stated to be United States:

Serial Number: 1598 Siddharth Varadarajan Nationality: US Category: CorrespondentOrganisation: 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 newsreport published in The Hindu of April 24,2012:

Published: April 24, 2012 12:15 1ST I Updated: April 24, 2012 14:35 1STThe Hindu and Akshaya Tritiya

We can-ied a 'jacket' on Monday in our Tamil Nadu ,editions that featured ame~;sage- laid outin the form of an in-house advertisement - to readers on theoccasion of Akshaya Tritiya on behalf of"nze Hindu ".Neither L as Editor of The Hindu, nor anyone from the editorial side, wasinvolved 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, anoccasion that has risen to prominence only relatively recently, is one of "the mostauspicious days in the Hindu religion," Nor can we possibly endorse thisstatement - "The belief that buying gold on this day would make you prosperousthroughout the year is shared by one and all" - or others contained in thatmessage.We have nm\' taken internal steps to ensure that advertising messages put out inthe name of The Hindu are consistent with its editorial policy and that our Code ofEditorial Values. \\'hich says there is "a firm line between the business operationsof the Company and editorial operations and content", is strictly adhered to by all.- Siddharth VaradarajanEditor

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 (hereinafterreferred 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 MajorityAct, 1875 (9 of 1875), or of the law to which he is subject in respect of the attainment ofmajority, shall be permitted to make the declaration prescribed by this section, nor shallany such person edit a newspaper".

Consequently, Sidharth Varadarajan who is a citizen of USA cannot edit a newspaper inIndia as he is not ordinarily resident in India. His appointment as an editor contravenesthe 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:

"Section 2 (c): "editor" means a person, whether called editor, chief-editor, sub­

editor or by whatever name called, who is a citizen of India and ordinarilyresides in India, who controls the selection of the matter that is brought out in apublication"

Citizens of India will be inhibited from proceeding against the Editor who is a foreigncitizen, for any infractions such as defamation since Editor has the right to decide oninclusion 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 accordingto this section of the Act. Since Sidharth Varadarajan is a foreigner, we have no recourseto file criminal complaints against him under Press & Registration of Books Act, 1867.

Siddhat1h Varadarajan as 'fhe IIindu's editor would be responsible for selection of nc\ysunder the 'fhe Press and Registration of Books (PRB) Act. In terms of the PRB Act.1867:

'Nev./spaper' means any printed periodical work containing public news orcomments on public news. Section 5 provides that no newspaper shall bepublished in India except in conformity with the rules hereunder laid, and therelevant rules are :-

Section 5. Provided that no person who does not ordinarily reside in India, or whohas not attained majority in accordance with the provisions of the Indian MajorityAct, 1875 (9 of 1875), or of the land to \vhich he is subject in respect of theattainment of majority, shall be permitted to make the declaration prescribed bythis section, nor shall any such person edit a newspaper.hLtr01LimLi£l1J.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 onthe reading of the PRB Act 1867 provisions related to eligibility for being an Editor of anewspaper in India:

In terms of Section 2(e) of the Representation of Peoples Act, 1951, an elector in relationto a constituency means a person whose name is entered in the electoral roll of thatconstituency 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) A person shall be

disqualified for registration in an electoral roll if he --(a) is not a citizen oflndia: or

(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 lawrelating to corrupt practices and other offences in connection with elections ...

2 [19. Conditions of registration.--Su~ject to the foregoing provisions of thisPart, 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 of, a (hvellinghouse therein.

(IA) A person absenting himself temporarily from his place of ordinary residenceshaH not by reason thereof cease to be ordinarily resident therein.

The intent of PRB Act 1867 is thus clear. An editor of a newspaper should be a citizen ofIndia. and who is ordinarily resident in India.

An Editor of a newspaper as part of the Fourth Estate is in a particularly importantposition to inf1uence the democratic processes including elections in India. It will

adversely impact national security and go against public interest if a foreigner is allowedto become Editor of a nc\vspaper like Thc Hindu. So. Sidharth Varadarajan's appointmcntshould be annulled FORTIIWITlL

The term 'ordinarily resident in India' used in PRB Act 1867 is to be read with section 5of the Citizenship Act 1955 any person (not being an illegal migrant) if he belongs to anyof the following categories:

§ a person of Indian origin who is ordinarily resident in India for seven years beforemaking application under section 5(1 )(a) (throughout the period of twelve monthsimmediately 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 beacquired by a foreigner who has resided in India for twelve years. The applicant musthave 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 Section5(8) of PRI3 Aet 1867 and Section 5 of Citizenship Act 1955, Sidharth VaradarajanCANNOT 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. thatonly a person born of Indian origin ordinarily resident in India for seven years and \o\'ho isdeclared eligible for Indian citizenship can hold office of Editorship of a newspaper inIndia. Newspaper is the fourth estate in Indian Republic and Indian national security andrule 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 Varadan:~jan fromholding office as Editor, The Hindu.

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 Act1867 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 fundamentalright guaranteed by Aliicle 19 of the Constitution. His entry into this country was alsowithout 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 willadversely impact national security and go against public interest if a foreigner is allowedto become Editor of a newspaper like The Hindu. So, Sidharth Varadarajan's appointmentshould be annuJled FORTHWITH.

We request that the appointment of Sidharth Varadarajan as Editor, 'l'he Hindu bedeclared NULL and VOID.

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

Cc:

The Secretary

Ministry ofInformation and BroadcastingShastri BhawanNe\v Delhi-] 1000 j secv.inb(a;'nic.in

Ambika Soni

Union Minister

Ministry of Information and BroadcastingShastri Bhawan, New Delhi 110001 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. Complex,Lodhi Road,

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.Chennai600009T I 'r 67 I - - - r 'r 6TY' 04 .-, .e . _) ))), -ax -) --' , ~S((U1~U~!L~-,-~1l