Not content with having been taken totally by surprise in the case of International Herald Tribune, the Indian government almost got stumped today when Midram Publications, printers and publishers of IHT in India, conveyed to it that it was futile to pursue a case against it. To further flummox government mandarins, the editor of IHT, printed and published from Hyderabad, MJ Akbar, threatened to take legal action.

A senior government official admitted though that this sort of a feedback from Midram was expected, but expressed his surprise at the stridency in their approach.

Indiantelevision.com learns from official sources that part of the stridency in Midram and IHT's approach may be due to the fact that there is no law that has actually been broken. Since the syndication rules, which had been
cited by the government as being breached by Midram and IHT, have not been incorporated in an Act, they remain just guidelines with almost no legal sanctity.

A government official was candid enough to admit that legal opinion is being sought to see under what statutes of law the syndication guidelines can be enforced. Even the liberalised foreign investment norms for the print
medium, where up to 26 per cent foreign investment is is allowed in an India newspapers or magazine, is silent on this aspect.

It is learnt that the previous government did a half-baked job by not notifying the syndication guidelines, robbing it off any legal strength. The present government is still seeking opinion from the finance and legal ministries on the matter --- a process that may get hastened after the stinker that has been sent by Midram Publications.

A Press Trust of India (PTI) report today quoted Akbar saying there was no violation of law and that he would take recourse to the court in case the Centre persisted with the issue.

"When foreign journals like Time or papers like New York Times could be sold freely in India, what is wrong if we publish International Herald Tribune? At least, we are taking the responsibility," Akbar told PTI after sending a reply to a government communication that informed his company that "publication (of IHT) was not permitted" from India.

Dubbing the guidelines as "wholly arbitrary, malafide, illegal and unconstitutional," Akbar told PTI that in his letter to the I&B ministry he has said that the "so called policy referred by you violates our fundamental right guaranteed under Article 19 of the Constitution."

Asked about the government's move to file caveat to pre-empt any move by Midram Publications to prevent government action ex-parte, Akbar, PTI reported, said that he had responded to the letter sent by I&B ministry and if the government still sought to stop publication of the paper, he would take recourse to law and move the court.

Last week, the I&B ministry had sent a letter to Midram Publications and IHT in Hong Kong urging them to stop printing the foreign newspaper from India as such an activity was not permitted, and that too without informing the
government properly.

Also read:
Government to file caveat in 'IHT' case

India registered 'IHT' has I&B fuming