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NEW DELHI: Even as the Delhi High Court today refused to
stay the operation of the ordinance promulgated last week
making it mandatory for private sports channels to share live
feed of any international sports event with Prasar Bharati,
the telecast controversy is coming up for hearing in two different
benches of the court on 12 February.
Justice BD Sharma, who is hearing the appeal by Prasar Bharati
against an earlier order of the court permitting seven-minute
deferred telecast on Doordarshan, rejected the plea by Nimbus
Communications, owner of Neo Sports, seeking a stay on the
Ordinance.
Nimbus informed the Court that it had filed a petition in the
court of a division bench headed by Chief Justice MK Sarma challenging
the Sports Broadcasting Signals (Mandatory Sharing with Prasar
Bharati) Ordinance and that court had fixed the matter for Monday.
The Counsel for Nimbus Gopal Jain informed the division bench
headed by Chief Justice MK Sarma that Neo Sports was challenging
the ordinance, as it was arbitrary and unconstitutional.
The private sports broadcast channel also contended that
the Ordinance violates its fundamental right under Article
19 (1) that is rights to speech and expression and its intellectual
property right.
(Mr Justice Ahmed had yesterday questioned the Government’s
reasoning in promulgating the Ordinance saying, ''The Rule
of Law should not have been subverted,'' even as the government
said it would challenge any court order favouring Nimbus’
insistence on deferred telecast. Justice B D Ahmed had wanted
to know why the government was so swift in bringing an ordinance
and added that the whole thing left a bad taste in the mouth.).
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