Gauhati High Court
Administrative and Public LawConstitutional Law

Removal from the Press Gallery was lawful after authorities cancelled an inadvertently issued gallery pass.

Sri Hemanta Sarmah vs The State Of Assam And 3 Ors

Gauhati High CourtJUDGMENT: July 23, 20263 MIN READSOURCE JUDGMENT
Removal from the Press Gallery was lawful after authorities cancelled an inadvertently issued gallery pass.. Sri Hemanta Sarmah vs The State Of Assam And 3 Ors. Gauhati High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, a freelance journalist holding an identity card issued by the Directorate of Information and Public Relations, Assam, sought a Media Gallery Pass for the winter session of the Assam Legislative Assembly.

Source reference: p. 3; para. 5

His application, forwarded by the Editor of Daily Gana Sangbad, was received by the Assembly authorities on 18 November 2025.

Source reference: p. 3; para. 5

The Passes Committee found that the petitioner had not furnished current or latest copies of the newspaper and rejected his application on 23 November 2025.

Source reference: p. 4; paras. 5–6

Despite the rejection, a Press Gallery Pass was inadvertently issued to the petitioner on 24 November 2025.

Source reference: p. 4; paras. 7, 16

The authorities subsequently converted it into an Assembly Premises Pass, restricting access to the building, and claimed that the petitioner was informed telephonically.

Source reference: p. 4; paras. 7, 16

On 25 November 2025, the petitioner was removed from the Press Gallery and submitted a representation, alleging that he had been unlawfully denied access despite having been issued a valid Pass.

Source reference: p. 2; para. 3

The petitioner approached the High Court seeking an enquiry into the incident and restoration of his right to attend future Assembly Sessions.

Source reference: no citation
02

Issues

Whether the petitioner’s removal from the Press Gallery, after the Press Gallery Pass had been modified or cancelled and replaced with an Assembly Premises Pass, was legally impermissible.

Source reference: p. 9; paras. 16–18

Whether the Assam Legislative Assembly’s Guidelines for Issuance of Passes required a recommendation from the Editor-in-Chief of the concerned Media House and the Press Secretary of the Assembly for granting a Media Gallery Pass.

Source reference: pp. 5–7; paras. 10–11

Whether the existing Guidelines sufficiently recognised digital press media for the purpose of issuing Media Gallery Passes.

Source reference: pp. 6–7; para. 12
03

Law Applied

The Court applied the Assam Legislative Assembly’s Guidelines for Issuance of Passes, framed on 8 December 2021, particularly Clause 13(d) and (e), under which Building Passes for accredited or recognised print/electronic media personnel require recommendations from the Editor-in-Chief of the concerned Media House and the Press Secretary of the Assam Legislative Assembly; a Media Gallery Pass similarly requires those recommendations.

Source reference: pp. 5–7; paras. 10–11

The Court also recognised the constitutional and democratic importance of the press as the “fourth pillar of democracy” and observed that contemporary press media includes digital media, although the Guidelines expressly referred only to print and electronic media.

Source reference: p. 7; para. 12

No statutory provision or judicial precedent was cited as the basis of the decision.

Source reference: no citation
04

Reasoning

The Court found that the petitioner’s original application had been rejected because he failed to provide current copies establishing that Daily Gana Sangbad was in publication.

Source reference: p. 4; paras. 5–6

The subsequent Press Gallery Pass issued on 24 November 2025 was treated as an inadvertent administrative error, since it was issued after the earlier rejection.

Source reference: p. 4; paras. 5–7

The authorities converted that Pass into an Assembly Premises Pass and claimed to have informed the petitioner of the change.

Source reference: p. 4; para. 7; p. 9; para. 16

The Court further noted that the petitioner had submitted a fresh application on 24 November 2025 without disclosing the earlier application or its rejection, and that he failed to explain this circumstance.

Source reference: p. 8; paras. 14–15

Accordingly, once the Press Gallery Pass had been modified or cancelled, the petitioner had no subsisting entitlement to enter the Press Gallery, and his removal could not be faulted.

Source reference: p. 9; para. 17

However, while examining the Guidelines, the Court observed that they did not expressly provide for digital press media and recommended that the Assembly consider including digital journalists within the framework for Media Gallery Passes.

Source reference: p. 7; para. 12
05

Holding

The Court held that the petitioner’s removal from the Press Gallery was justified because the Press Gallery Pass had been issued inadvertently after rejection of his application and had subsequently been converted into an Assembly Premises Pass.

The writ petition seeking an enquiry and restoration of access to future Assembly Sessions was therefore dismissed.

Source reference: p. 9; para. 18

The Court nevertheless expressed the expectation that the Assam Legislative Assembly would consider suitably recognising digital press media while issuing Media Gallery Passes.

Source reference: p. 7; para. 12
Gauhati High Court

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Sri Hemanta SarmahvsThe State Of Assam And 3 Ors

Gauhati High Court · July 23, 2026

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