DEEPAK MAINI Vs. STAR PLUS

JUDGEMENT

(1.) PRESENT batch of two writ petitions have been filed under Article 226 of Constitution of India seeking a ban on telecast of "Sach Ka Samna" shows. It has further been prayed that this Court should issue appropriate writ, order or direction to respondents to take appropriate steps for regulating TV broadcasting and for setting up a regulatory body like Central Board of Film Certification.

(2.) MR . N.S. Dalal, learned Counsel for petitioner in W.P.(C) 10383/2009 contended that telecast of "Sach Ka Samna" shows have not only led to erosion of social values but also pose a grave threat to our Country's culture. He submitted that there was neither any rule, regulation nor any regulatory mechanism to regulate telecast of any television show. Mr. Dalal referred to some of the questions put to participants on "Sach Ka Samna" show to contend that they were not only vulgar but also obscene.

(3.) ON the other hand, Mr. Mukul Rohatagi, learned Senior Counsel appearing for respondent-TV Channel stated that "Sach Ka Samna" show was based on an American TV programme called "The Moment of Truth". He further stated that the said programme promotes truth and it had been telecast in over twenty countries all over the world. Mr. Rohatagi further pointed out that respondent-TV Channel had already received a show cause notice dated 22nd July, 2009 issued by Ministry of Information and Broadcasting under Section 5 of Act, 1995 read with Rule 6 of Rules, 1994 stating as to why action under Section 20 of Act, 1995 should not be taken. Freedom of speech and expression have been guaranteed as a Fundamental Right by Article 19(1)(a) of Constitution of India. The Right of Free Speech has been hailed as, "most important", "charter of liberty" as well as "crux of fundamental rights". Undoubtedly, freedom of speech and expression can be restricted on the ground of "decency" or "morality".