BIMALENDU DE AND Vs. UNION OF INDIA

JUDGEMENT

(1.) This public interest litigation being T. No. 1285 of 2000 as well as the appeal being MAT No. 2731 of 2000 arising out of interim order passed in A.S.T. No. 2879 of 2000 as well as the writ petition being Tender No. 1285 of 2000 involve common question of law, therefore they are being disposed of by the common order. In the public interest litigation filed by Bimalendu De it has been prayed that a writ of Mandamus be issued against the respondent No. 1 from prohibiting transmission of two programmes namely "Kaun Banega Crorpati" by Star T.V. and "Jackpot Jeeto" by Zee T.V. In the writ petitions filed by the petitioners almost identical prayers have been made but in addition "Fashion Show" has also been prayed to be prohibited.

(2.) After filing this public interest litigation a notice was issued and the matter was pending before this Division Bench, this writ petition (AST No. 2879 of 2000) was filed before the Learned Single Judge by Devasmita Sridhar in which it was prayed that a declaration be given that the telecasting of the three television programmes namely, "fashion Show", "Kaun Banega Crorpati" and "Jackpot Jeeto" is in violation of the provisions of the various statutes, therefore, they are illegal, unconstitutional and it was prayed that a writ of Mandamus be issued against the respondent Nos. 1 and 2, being the Union of India and the State of West Bengal to forthwith pass necessary orders prohibiting telecast of the aforesaid three programmes. This petition was entertained by the learned Single Judge and the learned Single Judge passed the interim order on 14th August, 2000 directing the respondent Nos. 1 and 2 to prohibit telecast of the aforesaid programmes. Aggrieved against this order passed on 14th August, 2000 this appeal was preferred before this Court came to be registered as MAT No. 2731 of 2000. On 17th August, 2000 this Court passed an interim order staying the operation of the order passed by the Learned Single Judge on 14th August, 2000. Hence both the matters are clubbed together and the writ petition which was filed before the learned Single Judge was called from the learned Single Judge and tagged with these matters with the consent of the parties. Hence the writ petition, the appeal arising out of the interim order passed by the learned Single Judge in the writ petition and the public interest litigation are all clubbed together and they are being disposed of by the common order.

(3.) . The main challenge in this public interest litigation and the writ petition was to the telecast of "Kaun Banega Crorepati" programme sponsored by Star T.V. In the public interest litigation filed by the petitioner Star T.V. is not a party and in the writ petition being AST No. 2879 of 2000 also Star T.V. is not a party. However, News Television (India) Limited and Zee Telefilms are parties in both the writ petitions. What shall be effect of non-joinder of parties, we are not entering into this aspect of the controversy. However, the main arguments were raised with regard to transmission of "Kaun Banega Crorepati" programme on Star Plus Channel and all the arguments centred around this programme only. Mr. Dipankar Gupta, Senior Advocate appearing for the appellant, News Television (India) Limited in MAT No. 2731 of 2000 submitted that in effect this public interest litigation and the writ petition being AST No. 2879 of 2000 is nothing but a sponsored writ petition on behalf of the rival/competitor Zee T.V. and therefore this public interest litigation and the other writ petition should not be entertained at the behest of persons for setting their commercial rivalry in this proceeding. An objection to territorial jurisdiction was also raised. Subject to these objections raised by Mr. Gupta we propose to dispose of thesematters on merit because both the parties have addressed their arguments on merit.