Court emphasizes consequences of publishing errors, stresses accuracy in legal publications
In a recent hearing, the Karnataka High Court delivered a stern warning to publishers responsible for printing and disseminating statutes and statutory instruments. The court highlighted the critical importance of accuracy in legal publications, cautioning that any mistakes could have severe consequences for both publishers and citizens alike.
The division bench, comprising Chief Justice N V Anjaria and Justice Krishna S Dixit, made these remarks during the hearing of an appeal filed by Fr. Valerian Fernandes. The appeal contested the dismissal of Fernandes’ petition seeking a mandamus to grant him a land certificate.
During the proceedings, the government advocate referred to the Karnataka Land Grant Rules, 1969, as published by KLJ Publications in 2019. However, upon review, the court noted discrepancies in the publication’s interpretation of an amendment related to land grants. This raised concerns about potential inaccuracies in legal publications and their impact on legal proceedings and citizens’ rights.
The court emphasized that such inaccuracies could lead to serious consequences, including contempt of court, perjury charges, and even potential blacklisting from public tenders for book supplies. It stressed that citizens should not suffer due to mistakes made by publishers and underscored the need for publishers to exercise diligence and accuracy in their publications to avoid misleading interpretations of statutory provisions.
Quoting a provision, the court emphasized, “It goes without saying that if for the ‘mistake of law,’ none should suffer, none should suffer for the ‘mistake of Law Publisher’ too.”
Ultimately, the court granted Fernandes’ petition, asserting that existing grant orders should be upheld and that seeking a fresh grant from the Assistant Commissioner was unjustified. The court directed the second respondent to formalize the grant in accordance with prevailing rules, holding Fernandes liable to pay charges under the pre-amendment rules of 2023.
