MGH INFOCOMM LTD. Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) In this Application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondent to show cause as to why the respondent should not be direct to grant/issue a "No Objection Certificate" and give registration in favour of the petitioner to allow the petitioner to broadcast, import programmes of STAR channels and to act as a distributor of foreign channels in Bangladesh or such other or further order or orders passed as to this Court may seem fit and proper.

(2.) The petitioner is a private limited company incorporated under the Companies Act, 1994 to operate as a distributor of foreign channels. It is in the course of that business that the petitioner entered into a Distribution Agreement on 1-7-2004 with Asian Broadcasting FZ-LLC, a Dubai-based Company, to operate as the latter's licensee and distributor in Bangladesh with a view to operate STAR channels in Bangladesh for a period of three years (Annexure-'A').

(3.) The facts and issues as arise in this Application straddle a total of three policy and statutory regimes as have been in place from 2001 onwards. At the time that the Petitioner Company (hereinafter referred to as the "Petitioner") embarked upon its operation as a distributor in Bangladesh in 2004 the legal and administrative regime in this area was being governed by the [XXX XXX XXX]