Page No.# 1/9 GAHC010289242025 2026:GAU-AS:10471 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/390/2026 SRI HEMANTA SARMAH SON OF LATE GOBINDRA SARMAH, RESIDENT OF HOUSE NO. 47, R.H.S. BYE LANE NO. 2, GANESH MANDIR ROAD, JAYANAGAR,P.O. - KHANAPARA,DISTRICT - KAMRUP(M), ASSAM PIN -781022 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI- 6. 2:THE SECRETARY ASSAM LEGISLATIVE ASSEMBLY DISPUR GUWAHATI-6 3:THE MARSHAL ASSAM LEGISLATIVE ASSEMBLY DISPUR GUWAHATI-6 4:SRI HAREN BORGOHAIN THE PRESS COMMITTEE IN-CHARGE ASSAM LEGISLATIVE ASSEMBLY DISPUR GUWAHATI- Page No.# 2/9 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH For the Petitioner(s) : Mr. A. Sharma, Advocate For the Respondent(s) : Mr. I. Chowdhury, Sr. Advocate : Mr. T. Das, Advocate · Date on which Judgment was reserved : N/A · Date of Pronouncement of Judgment : 23.07.2026 · Whether the pronouncement is of the Operative Part of the Judgment : Yes · Whether the full Judgment has been Pronounced : N/A JUDGMENT AND ORDER (ORAL) Heard Mr. A. Sharma, the learned counsel appearing on behalf of the Petitioner and Mr. I. Chowdhury, the learned Senior counsel assisted by Mr. T. Das, the learned counsel appearing on behalf of the Respondent Nos. 2 & 3. 2. The present writ petition has been filed by the Petitioner seeking an enquiry into the incident dated 25.11.2025 when the Petitioner was removed from the Press Gallery in spite of the Petitioner having been issued a pass. The Petitioner has also sought for a direction thereby restoring the right of the Petitioner to attend the Assembly Session in future. Page No.# 3/9 3. It is the case of the Petitioner that the Petitioner is a Freelance Journalist who has been issued an Identity Card by the Directorate of Information and Public Relations, Assam. On 24.11.2025, the Petitioner submitted an application for Media Gallery Pass to the Assam Legislative Assembly and on the same date, a Pass was issued which was valid for a period from 25.11.2025, 9:00 AM to 29.11.2025 5:00 PM. In terms with the said Pass, the Petitioner was permitted in the Press Gallery Pass (2F). On 25.11.2025, the Petitioner was forcefully removed by the security personnel and the Petitioner being aggrieved had submitted a representation on the very date. However, no steps have been taken in terms with the said representation. Being aggrieved, the Petitioner had approached this Court by filing the present writ petition. 4. The record reveals that this Court issued notice on 04.02.2026. On behalf of the Respondent Nos. 2, 3 and 4, Mr. N. R. Sharma, the learned counsel had accepted the notice. 5. An affidavit-in-opposition was filed on 06.04.2026. In the said affidavit-in-opposition, it is categorically mentioned that on behalf of the Petitioner, an application for Media Gallery Pass was received from the Editor, Daily Gana Sangbad on 18.11.2025 for the winter session of the Assam Legislative Assembly i.e. w.e.f. 25.11.2025 to Page No.# 4/9 29.11.2025. A Meeting was held by the Committee who is In- charge of Issuance of Passes. Out of 55 applications received, 49 applications were found to be in order. In the Minutes of the Meeting dated 18.11.2025, there is a specific reference to the Petitioner’s application wherein it is mentioned that as a decision was taken earlier on account of lack of space only to provide Passes in the Press Gallery to daily newspapers, an enquiry was sought as to whether the Newspaper for which the Petitioner’s application was submitted i.e. Daily Gana Sangbad was in publication. It was also mentioned in the Minutes that request be made for providing/submitting current/latest publication copies of the Daily Gana Sangbad Newspaper before the Committee. 6. Pursuant thereto, on 23.11.2025, as the Petitioner could not provide the current or the latest copies of the newspaper Daily Gana Sangbad, the petitioner’s application was rejected. 7. It is further mentioned that inadvertently on the application which was submitted by the Petitioner on 24.11.2025, a Pass was issued for the Press Gallery without considering the rejection of the Petitioner’s application on 23.11.2025 and thereupon, when the said aspect came to light, immediately the said Pass which was issued earlier was converted to a Pass thereby permitting the Page No.# 5/9 Petitioner’s access to the Assembly premises but not inside the building. It was also mentioned that the Petitioner was duly informed by one Parwati Kashyap telephonically and the evidence to that effect have been enclosed as Annexure-III to the affidavit- in-opposition. 8. The record reveals that the Petitioner thereupon submitted a reply to the affidavit-in-opposition on 14.07.2026 wherein it is categorically mentioned that the Petitioner was never informed that his Pass was converted or for that matter, his Pass was cancelled. He further submitted that there was no guideline for denial of Entry Pass to the journalists. 9. In the backdrop of the above, this Court heard the learned counsel appearing on behalf of the Petitioner as well as the learned Senior counsel who appears on behalf of the Respondent Nos. 2 and 3. 10. During the course of the hearing, this Court enquired as to whether the Assam Legislative Assembly had any Guidelines/Rules for issuance of Pass. Mr. I. Chowdhury, the learned Senior counsel appearing on behalf of the Respondent Nos. 2 and 3 submitted on 08.12.2021, a set of guidelines for issuance of Pass had been Page No.# 6/9 framed. Insofar as Media Gallery Passes are concerned, it was submitted that Media Passes would be issued on the recommendation of the Editor-in-Chief of the concerned Media House and the Press Secretary of the Assam Legislative Assembly, Secretariat. A copy of the Guidelines was placed before this Court which is kept on record and marked with the letter “X”. 11. This Court had duly perused the guidelines for Issue of Passes. From a perusal of the guidelines, it is seen that various forms of passes are provided. Insofar as the Assembly is concerned, there are Assembly Building Pass, Daily Visitor Pass, Visitor Gallery Pass, Speaker Gallery Pass, Media Gallery Pass as well as Departmental Pass. Insofar as providing Pass to Media is concerned, it is seen from Clause 13(d) and (e) of the guidelines that Building Passes are provided to Accredited/Recognized Press Reporters, Print/Electronic Media and the recommendation of Editor-in-Chief of the concerned Media House as well as Press Secretary, Assam Legislative Assembly are mandatory. Similarly, Building Pass is also issued to Editor/Executive Editor/Accredited Press Reporters (Print/Electronic Media). Insofar as Media Gallery Pass is concerned, the same can only be issued on the recommendation of the Editor-in-Chief of the Page No.# 7/9 concerned Media House and Press Secretary of Assam Legislative Assembly. 12. The Press is considered to be the fourth pillar of democracy. It is no longer a question of debate that press media is no longer restricted to print or electronic media. The Digital Media is also an important part of the press media. The Guidelines specifically refers to print and electronic media without any reference to Digital Press Media. Though Accredited Journalist can be issued a Building Pass but there is no mention of Accredited Journalist insofar as Media Gallery Pass is concerned. Taking into account the strides made by the Digital Press Media, it is the opinion of this Court that the Assam Legislative Assembly is required to consider this aspect which issuing Media Gallery Pass also. This Court hopes and expects the Assam Legislative Assembly to consider the same. 13. Coming back to the facts of the present case, there is no denial that Petitioner’s application was forwarded by the Editor of the newspaper Daily Gana Sangbad on 11.11.2025 which was received on 18.11.2025 requesting that the Petitioner should be granted a Media Gallery Pass. 14. This Court during the course of hearing enquired with the Page No.# 8/9 learned counsel for the Petitioner as to what necessitated the Petitioner to submit another application on 24.11.2025 when there was already an application filed on behalf of the Petitioner unless the Petitioner had due knowledge that his application was rejected on 23.11.2025. The learned counsel for the Petitioner submitted that he has no instructions in that regard. 15. This Court further takes note of that in the application which was submitted by the Petitioner on 24.11.2025, there is no mention that the Petitioner’s application was earlier rejected or mention that there was already an application which was submitted on behalf of the Petitioner. The records further show that on 24.11.2025 itself, the Petitioner was issued a Pass thereby permitting the Petitioner to the Press Gallery. 16. This Court takes note of Paragraph No.8 of the affidavit-in- opposition filed by the Respondent Nos. 2, 3 and 4 wherein it is mentioned that the Press Gallery Pass was issued to the Petitioner at 1:35 PM on 24.11.2025. It is also stated that when it came to the notice of the authorities concerned that the Petitioner was issued a pass despite his application having been rejected on 23.11.2025, the said Pass was converted at 2:43 PM into an Assembly Premises Pass and not inside the building. The Petitioner Page No.# 9/9 was intimated at 2:47 PM on 24.11.2025. Annexure-III to the affidavit-in-opposition is the proof of the said information 17. Taking into account that the Petitioner’s Pass herein was modified and/or cancelled and was issued a Pass only for Assembly Premises and not inside the building, removing the Petitioner from the Press Gallery, in the opinion of this Court cannot be faulted and more particularly, when the Petitioner failed in the explanation as to why the Petitioner filed a separate application on 24.11.2025 in spite of there being an application filed on 11.11.2025. 18. Considering the above, this Court does not find the present case to be a fit case for interference for which the writ petition stands dismissed. JUDGE Comparing Assistant Bijoy Saha Digitally signed by Bijoy Saha Date: 2026.07.31 12:14:21 +05'30'