KESHAVAN V CHALAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition seeks a mandamus against the respondents directing them to consider the petitioner's application for the grant of a licence to set up and run a private tv and radio station.

(2.) AN application was addressed by the petitioner to the Hon'ble minister for information and broadcasting, government of India seeking a licence to run a private radio and television station. Having received no reply from the government, the petitioner brought up the matter in this court in W. P. No. 17466 of 1991, which was dismissed by a single judge of this court by order dated 12th of august, 1991 as premature. Some reminders appear to have been sent thereafter by the petitioner to the government to which, he invoked no response. He has now come up with the present writ petition for a mandamus directing the respondents to consider his application for the issue of the licence as already indicated earlier.

(3.) COUNSEL appearing for the petitioner argued that the right to establish a radio or television station is implicit in the guarantee contained in article 19 (1) (a) of the Constitution of india. He submitted that freedom of speech and expression must carry with it the right to express one's conviction and opinion freely by word of mouth, writing, printing, picture or in any other manner. It was urged that the parliament could only place reasonable restrictions on the said right on the grounds of security of the state, public Order, decency or morality etc. , but could not abrogate or negate the right itself. It was contended that if hundreds of foreign radio and television stations were broad/telecasting their programmes into Indian AIR space and millions of indians were receiving and benefiting from the same, there was no reason why the petitioner should be deprived of a similar facility.