AAMODA BROADCASTING COMPANY PRIVATE LIMITED Vs. UNION OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

JUDGEMENT

(1.) THIS appeal is sought to be preferred against the order of the learned single Judge dt.25.7.2014 whereby His Lordship dismissed the writ petition of the appellant.

(2.) THE writ petition has been filed with the following prayer: to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondents, more particularly respondents 2 to 13 in taking action against the respondents 14 and 15 as illegal, arbitrary, violative of Article 19(1)(a) of the Constitution of India and the provisions of the Cable Television Networks (Regulation) Act, 1995 and consequently direct the respondents 2 to 13 to initiate action against the respondents 14 and 15 under the provisions of the Cable Television Networks (Regulation) Act, 1995 for violating the provisions of the Act, and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case.

(3.) AFTER reading statement and averment made in the writ petition, we notice that the grievance of the writ petitioner/appellant is against respondent Nos.14 and 15. A few paragraphs of the factual statement recorded by the learned trial Judge, is reproduced hereunder: Petitioner is a broadcasting company, which owns a Free -to -Air 24 x 7 News and Current Affairs Telugu Satellite Television Channel viz., ABN Andhra Jyothi. The said channel has stated to have commenced its operations on 15.10.2009 and is stated to have been commanding huge viewership. The cable television viewers of the States of Andhra Pradesh and Telangana have been receiving signals from the petitioners channel without any interruption through Multi System Operators (MSOs). It is stated that after the bifurcation of the State into the State of Andhra Pradesh and State of Telangana, the MSOs of Telangana areas formed into an association, which is arrayed as respondent No.14 and represented by its President, arrayed as respondent No.15. It is alleged that on 15.06.2014, respondent No.14 stopped the telecast of two Telugu news channels viz., ABN Andhra Jyothi as well as TV9 in the Telangana State. It is alleged that the stoppage of telecast was allegedly on account of deliberate denigration and mockery of Telangana Legislators in its programme. While the Speaker of the Assembly of the State of Telangana is stated to have been authorized by the Assembly to take appropriate action against the channels, the present writ petition does not concern with that part and the relief sought for is confined to the action of respondents 14 and 15 in stopping the telecast of the petitioners news channel along with the said other channel from the date aforesaid.