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AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section 19 of the Cable Television Network (Regulation) Act, 1995
  • 20(3) of the Cable Television Network (Regulation) Act, 1995
  • Cable Television Network Rules, 1994
  • Section 5 of the Cable Television Network (Regulation) Act, 1995
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section 19 of the Cable Television Network (Regulation) Act, 1995
  • 20(3) of the Cable Television Network (Regulation) Act, 1995
  • Cable Television Network Rules, 1994
  • Section 5 of the Cable Television Network (Regulation) Act, 1995
Smart Summary

Factual and Procedural Background

The case involves a petition concerning the telecast of a programme titled ‘Bindas Bol’ scheduled to be aired on respondent no. 3's TV channel. The petitioner contends that the trailer of the programme indicates a potential violation of the Programme Code under the Cable Television Network (Regulation) Act, 1995, specifically citing Sections 5, 19, and 20(3). The Ministry of Information and Broadcasting had received complaints about the programme and issued a notice to respondent nos. 3 and 4 seeking clarification regarding the content of the programme in light of the Programme Code. The petitioners sought a stay on the telecast of the programme, alleging irretrievable damage if it were broadcast.

Procedurally, the court dealt with multiple applications including exemption from filing a notarized affidavit and court fees. Respondent no. 2 was deleted from the array of parties upon his counsel's submission that he was neither a necessary nor proper party. Notice was issued to respondent nos. 3 and 4, to be served electronically and by Dasti, with the matter listed for further hearing.

Legal Issues Presented

  1. Whether the telecast of the programme ‘Bindas Bol’ violates the Programme Code under the Cable Television Network (Regulation) Act, 1995, specifically Sections 5, 19, and 20(3).
  2. Whether the telecast of the programme should be stayed pending the resolution of the complaints and clarification from respondent nos. 3 and 4.
  3. The procedural issue of exemption from filing notarized affidavits and payment of court fees in the context of the ongoing proceedings.
  4. The appropriateness of the parties array, specifically the deletion of respondent no. 2 from the petition.

Arguments of the Parties

Petitioner's Arguments

  • The trailer of the programme ‘Bindas Bol’ indicates a violation of the Programme Code.
  • Reliance placed on Sections 5, 19, and 20(3) of the Cable Television Network (Regulation) Act, 1995 to support the contention.
  • Submission that irretrievable damage would be caused if the programme was telecast as scheduled.

Respondent no. 1's Arguments

  • Respondent no. 1's counsel submitted that respondent no. 2 is neither a necessary nor a proper party and sought his deletion from the petition.
  • On instructions, respondent no. 1 informed that the Ministry of Information and Broadcasting had issued a notice to respondent nos. 3 and 4 following complaints about the programme.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court considered the petitioners' reliance on specific provisions of the Cable Television Network (Regulation) Act, 1995, and the complaints received by the Ministry of Information and Broadcasting. Recognizing the potential violation of the Programme Code and the irretrievable harm that could result from the telecast, the court restrained respondent nos. 3 and 4 from airing the programme ‘Bindas Bol’ until the next date of hearing. The court also directed respondent no. 1 to decide on the notice issued by the Ministry and place the decision before the court. The court accepted the submission regarding the non-necessity of respondent no. 2’s presence and ordered his deletion from the parties. Additionally, the court granted procedural exemptions relating to affidavit notarization and court fees, subject to conditions, reflecting flexibility in procedural compliance during the ongoing circumstances.

Holding and Implications

The court granted a stay on the telecast of the programme ‘Bindas Bol’ scheduled for 8.00 p.m. on the day of the hearing, restraining respondent nos. 3 and 4 from airing it until further orders.

The court ordered the deletion of respondent no. 2 from the petition, accepted procedural exemptions related to affidavits and court fees, and directed the Ministry of Information and Broadcasting (respondent no. 1) to decide on the issued notice and report back. The decision directly affects the parties by temporarily preventing the telecast of the contested programme, but does not establish any new legal precedent.

    Syed Mujtaba Athar And Others v. Union Of India Thr. The Secretary, Minisitry Of Information And Broadcasting And Others

    Navin Chawla, J.:— This hearing has been held by video conferencing.

    CM 20931-32-33/2020 (Exemptions)

    2. Allowed, subject to all just exceptions.

    CM 20934/2020 (Exemption from filing notarized affidavit and affixing of court fees)

    3. This application has been filed seeking exemption from filing duly notarised affidavit and affixing requisite court fee. Binding the deponent of the affidavit to the contents of the application, the exemption is granted.

    4. Court fee shall be deposited online with the concerned authority within one week and physical stamp be filed within 72 hours from the date of resumption of regular functioning of the Court, as mandated in terms of Office Order dated April 04, 2020 issued by this Court.

    5. Application is disposed of.

    W.P.(C) 5792/2020 & CM 20930/2020 (Stay)

    6. The petition has been listed before this court on being mentioned.

    7. The learned counsel for the respondent no. 2 submits that he is neither a necessary nor a proper party to the petition.

    8. On his submission, the learned counsel for the petitioners prays for deletion of the respondent no. 2 from the array of parties.

    9. It is ordered accordingly. Let an Amended Memo of Parties be filed within a week.

    10. Issue notice.

    11. Notice is accepted by Mr. Anurag Ahluwalia, Advocate on behalf of the respondent no. 1.

    12. Notice be issued to the respondent nos. 3 and 4 to be served by the petitioner on the said respondents by way of electronic mode as also Dasti, returnable on 7 September, 2020.

    13. The learned counsel for the petitioner has taken this Court through the video clip of the trailer that has been released by the respondent nos. 3 and 4 for the programme ‘Bindas Bol’ that is scheduled to be telecast on respondent no. 3 TV Channel today at 8.00 p.m. He submits that the trailer itself shows that the programme in question could be in complete violation of the Programme Code. He places reliance on Section 5, 19 and 20(3) of the Cable Television Network (Regulation) Act, 1995. He further submits that an irretrievable damage would be caused to the petitioner if the programme is allowed to be telecast today.

    14. The learned counsel for the respondent no. 1, on instructions, submits that on several complaints having been received by the Ministry of Information and Broadcasting, a notice has been has been issued to the respondent nos. 3 seeking its clarification. Notice inter alia records as under:

    “This Ministry has received several complaints regarding a programme which is proposed to be broadcast on Sudarshan News TV from 28.08.2020 at 8.00 PM. In the promo of the proposed programme which is viral on Social Media Platforms, Shri Chavhanke for Sudarshan TV News Channel is raising concerns how people of a particularly community have suddenly increased in IAS and IPS cadre, etc.

    2. You are therefore, requested to clarify on the above in context of the Programme Code enshrined under Cable Television Network Rules, 1994 by return mail.”

    15. Having considered the submissions made, till the next date of hearing, the respondent nos. 3 and 4 are restrained from telecasting the programme titled ‘Bindas Bol’ scheduled to be telecast at 8.00 p.m. today.

    16. In the meantime, the respondent no. 1 shall decide on the notice issued and place its decision before this court.

    17. A copy of the order be supplied to the learned counsels on their e-mail addresses provided.

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    Comments

    Syed Mujtaba Athar A... v. Union Of India Thr. ...
    (Aug 28, 2020)