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
No changes in Marathi, Telugu segments in BARC data week 2

In the Bengali market, Jalsha Movies and Aakash Aath interchanged their fourth and fifth positions in BARC data week 2. Bhojpuri Cinema and Big Ganga swapped their first and second position in the Bhojpuri space. Zee Kannada and Colors Kannada swapped their first and second positions in the Kannada...

Television TV Channels Viewership
Dettol topples Trivago from top spot in BARC week 2 of 2019

The Broadcast Audience Research Council (BARC) India has released its data for top advertisers and brands for week 2 of 2019.

Television TV Channels Viewership
Four news genres saw no change in BARC week 2

All the four genres apart from Hindi news urban market saw no change in second week of the year. Aaj Tak continued to groove on the same tracks in the rural, urban and U+R genres as it did the previous year. India TV and News18 India interchanged their positions in the Hindi news urban market.

Television TV Channels Viewership
Sony Entertainment Television leads urban areas in week 2 of BARC

Sony Entertainment Television jumped to second position to fifth position as compared to the previous week in the Hindi (U+R) genre in Broadcast Audience Research Council (BARC) data for week 2 of 2018. Zee Anmol retained its first position in the rural market. Sony Entertainment Television and...

Television TV Channels Viewership
Aaj Tak becomes the world’s first News Channel to be awarded YouTube’s ‘Diamond Play Button’

India’s No.1 news channel Aaj Tak creates history yet again! The prestigious ‘Diamond Play Button’ bestowed by YouTube, recognises Aaj Tak as the global no.1, the first and the only news channel in the world to have crossed the 10 Million Subscriber mark.

Television TV Channels News Broadcasting
News18 India launches campaign; asserts channel’s leadership

News18 India, Network18’s general Hindi news channel, recently launched a campaign with a humorous and quirky film to drive home its leadership position in the crucial primetime band in the highly competitive Hindi TV news segment.

Television TV Channels News Broadcasting
Join Drac’s Pack on their cruise as &flix presents its next #FlixFirstPremiere ‘Hotel Transylvania 3: Summer Vacation’

It is seldom that you get to see the hilarious side to a monster trying to get himself a date with the help of a technological app like Siri! Have you ever seen a monster film that is full of fun, frolic, laughter, romance and adventure?

Television TV Channels English Entertainment
9XM On Stage with Salim Sulaiman

To celebrate the Republic Day week, 9XM - India’s most popular Bollywood music destination announces the launch of 9XM On Stage a splendid musical night created in honour of the Indian Armed Forces.

Television TV Channels Music and Youth
Prime Focus joins hands with Pritam and Kwan to create JAM8

Integrated media services company Prime Focus Ltd has announced its collaboration with Jam8, a musical platform founded by Indian music composer/director Pritam, and KWAN, a talent management company to serve as a 360-degree creative solution provider for the M&E industry.

Television Production House Film Production

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories