SHARAD TRADERS Vs. STATE

JUDGEMENT

(1.) THE petitioners are distributors of Set Top Boxes, Dish Antenas, Recharge Vouchers of Direct to Home Service (DTH) of M/s Sun Direct TV Pvt. Ltd. (Writ Petition No.702 of 2011); M/s Bharti Telemedia Ltd. (Writ Petition No.755 of 2011) and M/s Tata Sky Ltd. (Writ Petition No.676 of 2011), under the distributorship agreements.

(2.) BY these writ petitions the petitioners have sought for declaration of Section 2 (f-1); (f-2); 3 (d) and 13 (2) of the Uttar Pradesh Cinemas (Regulation of Exhibition by means of Video) (Fourth Amendment) Rules, 2011 as ultra vires to the provisions of Indian Telegraph Act, 1885, and Art.14, 19 (1) (g), 246 and 265 of the Constitution of India. They have also prayed for quashing the notices dated 19.4.2011 and 26.4.2011 (in Writ Petition No.702 of 2011); notice dated 19.4.2011 (in Writ Petition No.755 of 2011) and notice dated 12.4.2011 (in Writ Petition No.676 of 2011) issued by the District Entertainment Tax Officer (Licensing Authority), Distt. Ghazipur directing them to obtain licenses as 'Television Signal Receiver Agency'.

(3.) THE Indian Telegraph Act, 1885, is the law relating to telegraph in India. It is an Act of ancient vintage enacted in the end of nineteenth century to regulate telegraph, when the signals were transmitted by mores code (the codes consisting of dots and dashes, or long or short sounds, used for transmitting messages by audible or visual signals on wires. With the rapid advance of science and technology in the field of telecommunications, the Act has been amended from time to time. The word 'telegraph' was amended in the year 1961, by Telegraph Laws (Amendment) Act, 1961, and thereafter in the year 2004 by Indian Telegraph (Amendment) Act, No.8 of 2004, with retrospective effect from 1.4.2002. The amended definition of 'telegraph', in the Indian Telegraph Act, 1985 reads as follows:-