Supreme Court to hear IBF petition; MIB appeals against DAS III stay orders, asks to club all HC cases

NEW DELHI: The Supreme Court is expected to hear on 19 February a petition by the Indian Broadcasting Foundation (IBF) challenging an order of the Bombay High Court directing a pan-India stay of Phase III of Digital Addressable System (DAS). 

It is understood that the Ministry of Information and Broadcasting (MIB) has filed a similar petition stressing on feedback from multi system operators (MSOs) and broadcasters at its Task Force meetings. 

Both petitions are expected to come up before a bench headed by Justice Jagdish Singh Khehar. had in early January quoted MIB secretary Sunil Arora confirming that the Government would approach the Supreme Court and club all High Court cases. Ministry sources said that it had taken time as the Law Ministry had to be consulted.

The IBF has, in its petition, said that the decision about DAS was a policy matter, which was taken in 2011 and various High Courts had upheld it at that time. 

It has been stated that the first two phases have been implemented and there is therefore no ground to stall the progress at this stage.

Both the Ministry and IBF petitions are accompanied by applications to the Court that all petitions in various High Courts where stay orders have been issued should be transferred to the apex court.

In any case, IBF has contended that the argument of shortage of set top boxes is erroneous as the Task Force meeting held at the end of December last had been told that 85 per cent seeding had been completed.

The Bombay High Court had relied on the Supreme Court order in the Kusum Ingots and Allous Ltd case where the apex Court had said that a High Court could give an order similar to that given by other High Courts if the circumstances were similar. In this case, all the cases related to shortage in seeding of STBs. 

The matter has already been stayed by other High Courts including Assam, Andhra Pradesh, Sikkim, Odisha, Maharashtra, Telengana and Chhattisgarh for the entire state, and for individual local cable operators in Karnataka and Kerala. The Allahabad High Court has also put off the matter in view of the Ministry’s decision.

The matter remains stayed in Tamil Nadu where the Madras High Court had, after Phase I, directed a stay, which still continues.  

When the matter came before the Punjab and Haryana High Court in January, the Ministry told the Court that “it will not press for requirement of having a set top box as of now.” 

In view of this, Justice Rakesh Kumar Jain had dismissed as infructuous a petition by cable operator Parbobh Rattan seeking extension the ground that there was shortage of STBs.

Counsel Vivek Singla had told the Court that “the Ministry of Information and Broadcasting, Government of India has decided not to press the requirement of having a STB as for now till the decision of the cases, which are pending before various other Honourable High Courts.”

Earlier, Assistant Solicitor General Chetan Mittal was informed through a letter by an under secretary, Anil Kumar, that legal opinion was clear that the interpretation of the Bombay High Court was clear that the earlier orders of the Hyderabad High Court relating to Andhra Pradesh and Telengana applied to the entire country. 

Latest Reads
US$ 4.5 bn expected from IPL rights; SC recommends accounts scrutiny

The Supreme Court on Friday froze all financial transactions between the BCCI and state cricket associations by directing the apex body not to disburse any funds till it resolves to abide by the Justice RM Lodha panel recommendations on reforms by 3 December . The top court ordered that none of...

Television TV Channels Sports
TVS Tyres is co-presenter for Asian Champions Trophy 2016

Continuing its strong connect with sports, TVS Tyres has associated with Asian Champions Trophy 2016 by becoming the co-presenter. The Asian Champions Trophy is one of the premier hockey tournaments, a much sought after annual international competition promising some great hockey action. This...

Television TV Channels Sports
Q2-17: Zee Learn declares maiden interim dividend

The board of directors of the Essel group’s education company Zee Learn Limited (ZLL) have declared a first time ever dividend of 5 percent per equity share of Re 1 each for the quarter ended 30 September 2016 (Q2-17, current quarter).

Television TV Channels Factual & Documentary
Whether BARC action can stop unethical practices?

Whether businesses and industries practice their art of selling fairly although they have 'Fair Practices' training during the academic courses, workshops and several ISO and other certifications? There seems to be the fear of the lawman, and not the law in India.

Television TV Channels Viewership
TV Superhighway: beIN, Yaddo, AfricaXP have joined us, says Magine CEO Ambuj Goyal

CANNES; Magine has secured partnerships with four of the industry’s most exciting sports, documentary and entertainment content providers. Partnerships with beIN, the international media group and owner of MIRAMAX; Yaddo, the new documentary streaming service headed up by former head of The BBC’s...

Television TV Channels Factual & Documentary
Colors emerges strong on strength of Naagin I & II

MUMBAI: One of the top rated shows Naagin Season 2 helped Colors reach a top-ranking position.

Television TV Channels GECs
Pakistan Broadcasters Association to oppose PEMRA Indian content ban

MUMBAI: The Pakistan Electronic Media Regulatory Authority (PEMRA) shocked both Pakistan and Indian broadcasters when it issued an order blanking out  all Indian content from Pakistan’s television channels on 19 October.

Television TV Channels GECs
Sony Pix to telecast 'Jurassic World' on 22 October

Sony Pix will take the viewers on a thrilling, adventurous journey with cloned dinosaurs in their Billion Dollar Premiere property. The channel plans to air Jurassic World on 22 October at 1 pm and 9 pm.

Television TV Channels English Entertainment
Sony AXN scripts deal with Pinewood; buys stake in SVOD service Hopster

Folks at Sony Pictures Television (SPT) are in a celebratory mood. Not only has it signed a six-series deal with Pinewood Television but has also acquired a minority stake in the London-based video subscription service for kids content - Hopster.

Television TV Channels English Entertainment

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories