[Letter to T Sadasivas]

Summary

This archival correspondence packet begins with T. Sadasivan’s letter of July 15, 1975, to N. A. Palkhivala, enclosing K. Santhanam’s constitutional note on press censorship during the Emergency. Sadasivan asks whether writ petitions should be filed against orders requiring newspapers to publish only censored versions of parliamentary and Supreme Court proceedings, arguing that the orders are unconstitutional and that litigation could itself serve the cause of press freedom. Santhanam’s note invokes Articles 105 and 145 of the Constitution to argue that parliamentary and Supreme Court proceedings must remain publicly reportable, and that Article 359 does not authorize the executive to impose such censorship.

The packet also reproduces Santhanam’s open appeal to Members of Parliament, the July 1975 Madras High Court proceedings initiated by Sadasivan, his affidavit concerning the Swarajya weekly, and the government’s response. The legal papers challenge an order directing deletion of passages from the July 5 issue of Swarajya, while the government asserts that the passage violated the Emergency press-censorship rules. The documents present the dispute as a test of constitutional limits, press freedom, the rule of law, and the judiciary’s ability to review executive action. The packet closes with an authorised officer’s letter maintaining that the passage was disapproved under the applicable censorship order, alongside pages from the censored Swarajya issue itself.

Key points

• T. Sadasivan asks N. A. Palkhivala for legal advice on challenging censorship of parliamentary and Supreme Court proceedings.
• K. Santhanam’s enclosed note argues from Articles 105 and 145 that these proceedings must remain open to accurate press reporting.
• Santhanam’s open appeal calls for revocation of the Emergency proclamations, release of political detainees, comprehensive legislation on economic offences, and fresh elections.
• The Madras High Court papers challenge the deletion of passages from the July 5, 1975, issue of Swarajya.
• Sadasivan’s affidavit describes Swarajya’s publication arrangements, circulation, ownership, and editorial history.
• The petition argues that the authorised censor exceeded the statutory authority granted by the June 26, 1975 censorship order.
• The government’s July 3 letter maintains that the deleted passage violated Clause 3 of the relevant press-censorship order.