VITASTA VISION Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition, the petitioners plead that the respondent Doordarshan has invited Programme Proposals for Doordarshan Kashir (DD-Kashir) from producers/ production houses on 6th of June, 2017, for which the last date for submitting the proposals has been fixed as 27th of June, 2017. It is stated that the respondent Doordarshan has also notified Guidelines for commissioning of programmes for telecast on Doordarshan Kashmir. The petitioners plead that both, in the notification inviting proposals as well as in the Guidelines, such criteria have been prescribed which are totally arbitrary, unreasonable, violative of Article 14 of the Constitution and defeat the very purpose of resuming Kashir Channel on Doordarshan, Srinagar. The petitioners, therefore, seek quashment of conditions appearing in Guidelines notified by the Prasar Bharati (2017) as also the conditions incorporated in Programme Proposals for telecast on Doordarshan Kashmir. A 'Writ of Mandamus' is also sought for directing the respondents to accept the proposals as may be submitted by the petitioners without insisting on compliance with the impugned conditions of guidelines and programme proposals.

(2.) Mr Shah, the learned senior counsel, appearing on behalf of the petitioners, submits that the impugned conditions have the direct effect of excluding the petitioners from the field of competition as none of the petitioners has produced for any broadcaster 25 hours of general entertainment programming. It is submitted that all the petitioners, being Kashmir based, make programmes in Kashmiri language for Kashir, Channel, therefore, the programmes can only be relevant for the people living in the State and for no other territory. It is pleaded that the Kashir Channel was stopped way back in the year 2010, as such, none of the petitioner had any opportunity of producing any general entertainment programme with at least 25 hours of screening. It is also submitted that the impugned conditions, if allowed, will lead to Kashir Channel having programmes made by production houses which do not belong to the State, thereby defeating the very object of the policy of the programmes. The learned counsel submits that the impugned conditions will have the effect of creating monopoly in favour of producers/ production houses located outside the State of Jammu and Kashmir who have greater opportunity and innumerable Television Channels available for telecasting their programmes unlike small time production houses and producers operating within the State of Jammu and Kashmir.

(3.) Objections stand filed on behalf of the respondents denying the averments made by the petitioners in their petition. It is stated that a special dispensation has been made for persons domiciled in the State of Jammu and Kashmir and they have only to show that they have produced 25 hours of programming in 3 years, i.e. 81/2 hours programming in one year as against the requirement of 150 hours of programming in the Open Category. It is pleaded that there is a turnover requirement of 1 crore per year for 3 years in the Open Category wheile as there is no turnover requirement for J&K State Subject holders. The respondents have further contended that insofar as the grievance regarding the proposal being submitted only in Hindi and English is concerned, the same is only for the purposes of scrutiny and speedy evaluation of the proposals and that it cannot be said that the requirement of submitting proposals only in Hindi and English is arbitrary. It is further stated that if a producer has not made even 25 hours of programming that has been telecasted in the preceding 3 years, obviously, such producer cannot be trusted to produce a good programme. The respondents have proceeded to state that as per the criteria laid down, there is no bar in the language, story and channel in which the said programmes have been telecast. The said criteria, as stated, is open and wide and has been formulated in such a manner to give maximum benefit to the state subjects of J&K Sate living in J&K or outside the State. It is contended that the policy makes a special dispensation for the residents of Jammu and Kashmir, however, some minimum criteria have to be fulfilled even by the residents of the State to ensure that good quality programming is generated. In the end, it has been urged that the petition of the petitioners be dismissed.