SHIV CABLE TV SYSTEM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These sixteen writ petitions raise a common question of law and, there-fore, they are being disposed of by this common judgement.

(2.) The petitioners are cable-operators who have installed TV Equipments common-ly known as Disc (Dish) Antenna, to receive signals from ASIASAT (Star TV, BBC, ZEE TV, PRIMA, SPORTS, ATN etc.) and are further transmitting these signals as well as the pre-recorded cassettes through cable system to the TV viewers in their houses, who are their subscribers. These petitioners are operating at the district Headquarters of Sri Ganganagar as well as in the town of Anop-garh, Kananpur etc. and other towns of the district Sri Ganganagar. The Collector, Sri Ganganagar, on 26-12-92, issued letters to all the Assistant Collectors cum Sub-Divisional Magistrates of Sri Ganganagar district informing them that illegal transmission of TV programme though unauthorised cable sys-tem is being undertaken by the cable opera-tors in the area which is adversely affecting the cultural and social atmosphere. He, there-fore, directed the Assistant Collectors cum Sub-Divisional Magistrates of all Sub-Divi-sions of Sri Ganganagar district to stop the transmission of TV programme through cable system if the same is being operated in their respective Sub-Divisions. The Assistant Col-lectors cum Sub-Divisional Magistrates of the respective Sub-Divisions thereafter issued letters to the Station House Officers concern-ed to take appropriate action against the cable operators and to stop the transmission through the cable system. The petitioners have challenged the action of the Collector cum District Magistrate, Sri Ganganagar, the Assistant Collectors cum Sub-Divisional Magistrates of various Sub-Divisions of Sri Ganganagar district as well as the Station House Officers concerned by these writ peti-tions and have prayed that the respondents may be restrained from interfering in the business of the petitioners of relaying the TV programme through disc antenna and cable system.

(3.) It is contended by the learned Counsel for the petitioners that the Collector or the Assistant Collector cum Sub-Divisional Magistrate or the Station House Officer under the Indian Telegraph Act, 1885, the Rules made thereunder or under the Indian Wireless Telegraphy Act, 1933, or the Rules made thereunder, has no jurisdiction to inter-fere in the business of the petitioners operat-ing the TV cable system in the area. It is further contended by the learned Counsel for the petitioners that no law has been enacted by the respondents providing guidelines to grant licences relating to cable TV net-work and, therefore, the petitioners cannot be restrained from operating their business and any restriction put by the respondents amounts to infringement of their right of doing business of one's choice granted under Article 19(1)(g) of the Constitution of India. Their further case is that the letter issued by the Collector cum District Magistrate, Sri Ganganagar, does not show under which law the letter has been issued and the directions have been given to the Assistant Collector cum Sub-Divisional Magistrates and further to the Station House Officers concerned. It is further argued that directions have been issued by the Collector without giving any opportunity of hearing to the petitioners, which is in violation of the principle of natural justice. The learned counsel for the respon-dents as well as the learned counsel for the theatre-owners, on the other hand, have sup-ported the order/letter issued by the Collector and submitted that no person can operate a cable net-work without obtaining the valid licence as required under the Telegraph Act, 1885, read with Wireless Telegraphy Act, 1933. As the petitioners have not obtained the licence as required under these Acts, they therefore cannot operate the cable net-work. Their further submission is that these cable operators are also liable to make payment of the Entertainment Tax which they are not paying and, therefore, the District Magistrate is the authority who can exercise jurisdiction in such matters and the orders have been rightly issued.