GOVERNMENT OF BANGLADESH Vs. JAMUNA TELEVISION LTD.

JUDGEMENT

(1.) These petitions, one by the Ministry of Information and another by the Bangladesh Telecommunication Regulatory Commission, for leave to appeal are directed against the judgment and order dated 16.05.2005 passed by the High Court Division in Writ Petition No. 4600 of 2004 making the Rule absolute.

(2.) Short facts are that the respondent No.1, Jamuna Television Limited is a Private Limited Company which was duly incorporated under the Companies Act, 1994 for the purposes, inter alia, of operating private television channels in Bangladesh and telecasting of programmes. The JTV, on 23.11.2001 submitted a proposal to the Ministry of Information, the Government of Bangladesh for setting up and operating both terrestrial and satellite television channels. Upon the application, the Ministry on 05.02.2002 granted a 'No Objection Certificate' in short, NOC to the JTV for opening and operating countrywide terrestrial and satellite television telecasting and broadcasting in the UHF band under their own management. In the meantime, the Bangladesh Telecommunication Act, 2001 (shortly the Act) came into force on 31.01.2001 and on the very date of commencement of the Act, a Commission known as the Bangladesh Telecommunication Regulatory Commission was established and all powers, functions and authorities that were being exercised by the Post and Telecommunication Ministry relating to the telecommunication system including granting of licence for establishment of such system, permission for import of telecommunication equipments and allocation of necessary frequency etc. all vested in the Commission.

(3.) The JTV applied to the Commission for licence for establishment of their telecommunication system and import of necessary equipments and also for allocation of necessary frequency. The Commission issued a demand note for payment of Tk.14,950/-as process fee. JTV deposited the said amount. Thereafter, JTV also addressed a letter to the Chairman of the Spectrum Management Committees for the purpose of management of radio frequency. By a letter dated 16.05.2002 the said Committee requested the Company to submit a frequency survey report and frequency plan of the JTV. By a letter dated 1905.2002 the JTV furnished frequency spectrum proposal, the technical information of equipments and a coverage map to the Commission. There were several communications but neither the Commission nor the Committee did accord the licence or allocate frequency. The JTV then sent a notice to the Commission and the Committee demanding justice but received no favourable response. Thereafter, the JTV filed Writ Petition No.7999 of 2002 for a direction for according necessary licence and allocation of frequency. The Rule was made absolute in the writ petition and the respondents were directed to dispose of the application of the JTV dated 13.02.2002 within 30 days of receipt of that order. Against the decision, the Ministry and the Commission made two petitions for Leave to Appeal being Civil Petition Nos.1253 and 1356 of 2003 respectively before the Appellate Division. By an order dated 25.10.2003 the Appellate Division dismissed both the petitions and directed the respondents again to dispose of pending applications as early as possible. As the respondents did nothing pursuant to said order of the Appellate Division, the petitioner addressed number of letters to the respondents for disposing of their application dated 13.02.2002. Then on 14.01.2004 the JTV filed a contempt petition in the Appellate Division. The Commission moved a petition before the Appellate Division for review of the judgment and order dated 25.10.2003. By another order dated 19.01.2004, the Appellate Division dismissed the review petition. On 10.03.2004 the Commission granted a licence to the JTV for establishment of telecommunication system and import of equipments and allocation of necessary frequency. The Committee also issued a demand note for depositing Tk. 54,01,01,300/-. The JTV deposited Tk. 1,00,000/- as fee for establishment of a satellite station (Earth) and Tk.1,300/- as licence fees for 13 stations (one satellite and twelve terrestrial). By a letter, the JTV also requested the Commission to amend the demand note by fixing lawful charges for four channels which were granted. Thereafter, the JTV received impugned letter dated 22.03.2004 issued by the Ministry of Information, which directed the JTV to stop setting up telecommunication system and broadcasting of the programmes. The petitioner also received impugned letter dated 08.04.2004 issued by and on behalf of the Commission canceling the licence for failing to deposit the entire money as demanded within the time fixed.