SANJIV DATTA DEPUTY SECRETARY MINISTRY OF INFORMATION AND BROADCASTING NEW DELHI Vs. KAILASH VASDEV ADVOCATE KITTY KUMARAMANGALAM ADVOCATE

JUDGEMENT

(1.) These contempt proceedings arise out of Writ Petition No. 836 of 1993 which has already been disposed of along with CAs Nos. 1429- 30 of 1995 by our decision of 9/2/1995. It is not necessary to refer to all the details of the said proceedings for deciding this matter. Suffice it to say that the Cricket Association of Bengal (CAB) had organised a six-nation international cricket tournament from 9/11/1993 to 20/11/1993 as a part of its Diamond Jubilee Celebrations. The first of the matches was to be played in Bangalore on 9/11/1993. As early as on 15/3/1993, the CAB had intimated the said fact to the Director General of Doordarshan (DD) and negotiations for the telecasting of the match had started since that day. Rest of the history of the developments in the negotiations has been referred to in our decision.

(2.) It appears that during the course of the said negotiations and offers and counter-offers for telecasting of the matches, a stage reached when the CAB had to file a writ petition on 8/11/1993 before the Calcutta High court praying, among other things, that the respondents to the writ petition - Union of India, the Ministry of Information and Broadcasting (MIB) , Videsh Sanchar Nigam Limited (VSNL) and Doordarshan (DD) - should be directed to provide telecast and broadcast of all the matches and also to provide all arrangements and facilities for telecasting and broadcasting of the matches by the agency engaged by the CAB, viz. , Trans World International (TWI). In view of the urgency of the matter, interim reliefs were also sought in the petition. The learned Single Judge of the High court on the same day, directed the learned advocate of the Union of India to obtain instructions in the matter, and in the meanwhile, passed interim order making it clear that it would not prevent DD from telecasting the matches without affecting the existing arrangements between the CAB and TWI. The writ petition was posted for further hearing on 9/11/1993 on which date, the learned Single Judge confirmed the interim order and the respondents were restrained from interfering with the frequency lines given to TWI. On 10/11/1993 the VSNL advised INTELSAT at Washington seeking cancellation of its request for booking. On 11/11/1993 the learned Single Judge partly allowed the writ petition by directing All India Radio to broadcast the matches. Against these orders, the Union of India preferred an appeal before the division bench of the High court on 12/11/1993 and the division bench passed an order to the following effect:

(3.) On 12/11/1993, the Film Facilities Officer of the MIB informed the Customs Department at New Delhi, Bombay and Calcutta airports that as TWI had not obtained the required clearance from the government for the coverage of the tournament, they should not be permitted to expose the films outside India till it was cleared by the government. On the same day, DD asked CAB for providing various facilities at each match venue, as this was a prerequisite for creating host broadcaster's signal in India. CAB sent a reply on the same day and called upon DD to telecast matches within India pursuant to the High court's order of 12/11/1993. On the same day, the Collector of Customs, Bombay called upon the CAB to pay customs duty on the equipment as there was a breach of the terms of the exemption order. The Committee of Secretaries of the government of India also decided on the same day that the telecast of all sporting events should be within the exclusive purview of DD/mib.