Tag: Kapil Sibal

  • TRP scam: Interim relief to Arnab Goswami extended till 16 March.

    TRP scam: Interim relief to Arnab Goswami extended till 16 March.

    New Delhi: The Mumbai police has told the Bombay high court that its assurance of not taking any coercive action against Republic TV's editor-in-chief journalist Arnab Goswami in the TRP scam case will continue till 16 March, news agency PTI reported on Friday.

    The court was hearing a petition filed by ARG Outlier Media, that runs Republic TV channels, which had challenged the FIR and the chargesheet filed by the Mumbai police for alleged manipulation of television rating points (TRP).

    Appearing on behalf of the Mumbai police, senior counsel Kapil Sibal told a division bench of justices SS Shinde and Manish Pitale that the police's earlier statement of no coercive action against Goswami and other employees of ARG Outlier Media will be extended till 16 March.

    The case was adjourned for next hearing on 16 March, when the court will hear ARG's main prayers challenging the police's investigation. It has also sought the transfer of probe to an independent agency.

    ARG media and Goswami had approached the high court last year alleging that the entire case was malafide, and claimed that they have been targeted for Republic TV's reportage in the death of actor Sushant Singh Rajput, and the Palghar lynching case.

    Early this year, the Mumbai police had filed two affidavits in the case, saying it had not targeted Republic TV or its employees. The police had said its probe was not a result of any political vendetta and that there was evidence to show that Goswami had allegedly connived with senior officials of BARC to rig the TRPs of Republic TV.

    The scam had come to light in October last year when Broadcast Audience Research Council (BARC) lodged a complaint with the Mumbai police through Hansa Research Group, alleging that certain television channels were rigging TRP numbers. Since then, 15 arrests have been made in the case, the most prominent being former BARC CEO Partho Dasgupta, who recently got bail. Dasgupta has been granted bail, subject to his furnishing a bond of Rs 2 lakh.

  • Editors Guild constitutes legal advisory panel on media freedom

    Editors Guild constitutes legal advisory panel on media freedom

    NEW DELHI: The Editors Guild of India has constituted a legal advisory panel that will advise and work with it on important issues pertaining to press freedom. It shared in a statement that the panel will help the Guild craft responses to the complex web of civil and criminal laws that are used by authorities to suppress media freedom. 

    The members of the panel include former union minister, Rajya Sabha MP and senior Congress leader Kapil Sibal, senior Supreme Court advocates Shyam Diwan, Sanjay Hegde, and Menaka Guruswamy, senior Delhi high court advocate Rajiv Nayar, advocate Prashant Kumar, and advocate Shahrukh Alam. 

    The Guild also stated, “The panel will be expanded in the coming days to include more members of the legal fraternity from across different states, who have worked in the realm of freedom of expression and media related issues.”

    The move comes in the wake of concerns raised over freedom of the press following several high-profile arrests of journalists across the country. While the case of Republic TV editor-in-chief Arnab Goswami being taken into police custody and his subsequent release on bail was highly publicised, some other instances of arrest may have slipped under the average person's radar. Kerala-based reporter Siddique Kappan was arrested by Uttar Pradesh police and charged under the Unlawful Activities (Prevention) Act, while on his way to cover the Hathras incident. Manipuri journalist Kishorechandra Wangkhem was arrested in October on charges of sedition for responding to a viral social media post made by the wife of a BJP politician. Ahan Penkar, a journalist with The Caravan magazine faced the brunt of police highhandedness when he was detained for several hours, his phone was taken away from him and its contents deleted by Delhi police officials.

  • Republic TV set to sue Mumbai police commissioner for defamation

    Republic TV set to sue Mumbai police commissioner for defamation

    NEW DELHI: Accusations have flown thick and fast between the Mumbai police and its commissioner Param Bir Singh and the Republic Media Network over the past few months. The rancour between the two parties only intensified after the former accused the latter of rigging its viewership ratings by compromising the BARC sample and paying off viewers to watch the network.

    Now, Republic TV founder and editor-in-chief Arnab Goswami has directed his legal team Phoenix Legal to initiate a suit against Singh seeking Rs 200 crore in damages. Rs 100 crore of this amount is for damaging the newsman’s reputation, while the other Rs 100 crore is for harming the network’s credibility.

    Republic says its legal teams are in the process of filing the defamation suit against the police commissioner. The company decided to take this step following the revelation that the FIR related to TRP manipulation does not include the name of Arnab Goswami and Republic Media.

    In the Bombay High Court hearing today, the two-man bench of justices SS Shinde and MS Karnik noted that Republic TV has not yet been arraigned as an accused in the FIR filed by the Mumbai police.

    Arguing on behalf of the Maharashtra government and the Mumbai police, senior advocate Kapil Sibal said, "There is no mention of Republic TV in the FIR. So how can it be quashed? The FIR relates to an offence allegedly committed in relation to which several improprieties and illegalities by several may be found. That investigation is still in the nascent stage."

    He further mentioned that the press conference held by the Mumbai police commissioner exposing the TRP gaming racket did not refer to Goswami in particular, and that only Republic TV was mentioned.

    Harish Salve, arguing on behalf of Republic Media, assured that in case summons are issued to Arnab Goswami, the petitioner would cooperate with the authorities. He also urged the court to stay the investigation and restrain police from taking any coercive action against the petitioners pending hearing of their petition.

    Salve sought the court to grant Goswami protection from arrest. But Sibal rebutted, stating that no such relief can be granted in the matter since Goswami has not been arraigned as an accused as of now.

    The Republic team also stated that it is filing a contempt petition against the special executive magistrate and assistant police commissioner Sudhir Jambwadekar, on account of the fact that he initiated chapter proceedings with respect to FIRs that have been suspended by the orders of the Bombay high court.

    On 8 October, Singh addressed a press conference where he claimed that the police had busted a TRP manipulation scam that involved various channels including Republic TV.

    Republic has consistently maintained that it has done nothing of that sort and that Singh has it in for the channel on account of its founder and editor-in-chief Arnab Goswami airing “exposés” of the commissioner’s alleged laxity in performing his law-keeping duties.

  • Tiranga TV fires more than 200 employees, confiscates equipment

    Tiranga TV fires more than 200 employees, confiscates equipment

    MUMBAI: Kapil Sibal-led Tiranga TV has allegedly fired more than 200 employees and has confiscated their equipment as tweeted by senior journalist Barkha Dutt. Earlier, some employees had made similar allegations against the channel and had conducted a silent protest at the Press Club in Delhi on 3 July.

    It has also been alleged that the fired employees weren’t presented with fair remuneration at the time of their exit.

    In a series of tweets, Dutt has slammed Sibal and his wife for their unprofessional conduct towards the journalists. “Wife, (Promila Sibal) who ran a meat factory, says loudly in the workplace, "I shut down factory withut giving a paisa to labour, who are these journalists to ask for 6 months salary." Her labour should have been paid better, but her disparaing remarks of journalists is sickening (sic),” she wrote.

    She added that she is being told that Sibal and  his wife want to use the incumbent government as an excuse to shadow the events. Tiranga TV senior editor assignment Sushil Kotian, in an earlier interaction with Indiantelevision.com, had also denied the role of the government in the sudden shutdown.

    Dutt went on to reveal that she is being threatened with a defamation suit for fighting for the rights of the staff of the channel.

    Here is the complete thread:

  • TRAI asks Tata Sky to submit status report on tariff order implementation

    TRAI asks Tata Sky to submit status report on tariff order implementation

    MUMBAI: Telecom Regulatory Authority of India (TRAI) has asked direct-to-home operator Tata Sky to file a comprehensive status report on the implementation of its new tariff regime. The regulator's direction came after it received complaints from several Tata Sky consumers.

    The new regulatory framework puts the power in hands of consumers to pay for channels they want to watch.

    According to a PTI report, TRAI also said Tata Sky is misleading its subscribers by suggesting that the regulator has extended the date of implementation of the new regulatory framework.

    The regulatory body in its letter to Tata Sky has described this act of the DTH operator as “patently false and misleading ".

    TRAI has further stated that it has given consumers time until 31 January to choose television channels, thereby enabling a smooth migration to the new regulatory framework.

    According to TRAI, it has received complaints from its subscribers suggesting that Tata Sky has "not made any provision in their system to obtain the choice of subscribers as per the new regulatory framework."

    It is important to mention here that a petition filed by Tata Sky against the new tariff order is pending before the Delhi High Court.

    Tata Sky’s ongoing court battle with the TRAI and its new tariff regime, in which Bharti Telemedia-owned Airtel Digital TV and Sun Direct are a part, was adjourned by the Delhi High Court on Thursday to January 23 with arguments being inconclusive.

    The matter was argued partly by senior lawyer Kapil Sibal on behalf of the direct-to-home operator on Tuesday who focussed on two points of 15 per cent discount cover (or the lack of it) and micromanagement attempt by TRAI of how business should be conducted.

    The hearing in the case started at around 2:45 pm and continued till almost 90 minutes during which Sibal argued that with the Madras HC setting aside the 15 per cent discount cap, the main aim of the tariff order had been frustrated and that attempt to micromanage a business, especially moves relating to pricing, etc., some of the provisions of the regulation were not in the interest of the DTH operator, which follows a different cost model compared to MSOs.

    The TRAI counsel’s interjection, according to industry sources, was minimal except seeking some technical clarifications relating to issues being argued by the Tata Sky lawyer and the actual content of the writ petition.

  • Tata Sky vs. TRAI: Case, argued partly by DTH operator, adjourned to 23 January

    Tata Sky vs. TRAI: Case, argued partly by DTH operator, adjourned to 23 January

    MUMBAI: DTH operator Tata Sky’s ongoing court battle with the TRAI and its new tariff regime, in which Bharti Telemedia-owned Airtel Digital TV and Sun Direct are a part, has been adjourned by the Delhi High Court to January 23 with arguments being inconclusive.

    The matter was argued partly by senior lawyer Kapil Sibal on behalf of the direct-to-home operator on Tuesday who focussed on two points of 15 per cent discount cover (or the lack of it) and micromanagement attempt by TRAI of how business should be conducted.

    The hearing in the case started at around 2:45 pm and continued till almost 90 minutes during which Sibal argued that with the Madras HC setting aside the 15 per cent discount cap, the main aim of the tariff order had been frustrated and that attempt to micromanage a business, especially moves relating to pricing, etc., some of the provisions of the regulation were not in the interest of the DTH operator, which follows a different cost model compared to MSOs.

    The TRAI counsel’s interjection, according to industry sources, was minimal except seeking some technical clarifications relating to issues being argued by the Tata Sky lawyer and the actual content of the writ petition.

    Though this essentially means the regulator is unlikely to take any coercive action against the DTH operator and Discovery (that has already published new rates in compliance with the TRAI tariff order) until the next hearing, during the 10 January 2019 hearing of the case the court had verbally observed that Tata Sky could remain non-compliant at its own peril.

    At the earlier hearing Sibal had impressed upon the judges to ask TRAI to produce all documents on how it arrived at the decision to implement the new tariff regime. He had also stated that implementing the present order will have an adverse impact on business.

    The TRAI lawyer had countered saying while Tata Sky felt aggrieved, a big DTH operator like Dish TV and all other MSOs seemed satisfied and had complied with the new tariff framework.

    The court had then asked the regulator to file the documents and the data that was the basis for arriving at the new tariff regime.

    Tata Sky is unlikely to upload its RIO for now, unlike Discovery, which has already published the same on its website, under protest.

    In 2017, Bharti Telemedia, Tata Sky and Discovery Communication India had filed petitions against TRAI, challenging its tariff order and the interconnect regulations.

    Unlike the position adopted by Star India wherein it questioned the regulatory powers of TRAI, the matter in the Delhi HC questions the regulator’s power to wipe out deals that operators enter into to fix commissions and rates for customers.

    While the Delhi HC case outcome could have implications on Tata Sky, Sun Direct, other distribution platform operators (DPOs) continue to be bound by the tariff order and most of them have complied too.

  • Former CAG Vinod Rai to head BCCI

    Former CAG Vinod Rai to head BCCI

    NEW DELHI: In yet another development relating to the embattled Board of Control for Cricket in India, the Supreme Court of India appointed former Comptroller and Auditor General Vinod Rai to head the apex cricketing body.

    Noted historian and writer on cricket Ramachandra Guha, former Indian cricketer Diana Edulji and Infrastructure Development Finance Corporation official Vikram Limaye were appointed members.

    Declining the Government’s request to appoint Sports Ministry Secretary as the member of the committee, the Court referred to its earlier judgment barring ministers and government servants from holding office in BCCI.

    The apex court said Amitabh Chaudhary, Anirudh Chaudhary of BCCI and Vikram Limaye will represent BCCI at the International Cricket Council meeting in the first week of February.

    The court had on 24 January 2017 rejected all nine names submitted by the BCCI counsel, but granted senior lawyer Kapil Sibal permission to provide suggestions for an interim panel to run Indian cricket.

    On 20 January, the centre moved the Court against the implementation of the Lodha Committee recommendations on behalf of the Railway Sports Promotion Board, Services Sports Control Board and All India Universities – three sporting bodies that held full membership of the BCCI earlier but now stand relegated to associate member status without voting rights as per the Lodha panel’s “one state-one vote” recommendation.

    The court had also said any individual over the age of 70 will not be appointed as BCCI administrators.

    After removing Anurag Thakur as BCCI president and disqualifying all the board and its state association office bearers who had failed to meet the new norms set by the Justice Lodha Committee, the Court had on 2 January said cricket administrators would be allowed to hold office for a cumulative period of nine years, inclusive of the time they hold office in their respective state associations as well as the BCCI. But in view of the 18 July last year order which stated that the cumulative tenure would be limited to nine plus nine years (nine years within the BCCI and nine in state associations), the Court had last week offered to clarify and set the ineligibility clause as “an office-bearer of the BCCI for nine years or a State Association for the same period”.

  • Former CAG Vinod Rai to head BCCI

    Former CAG Vinod Rai to head BCCI

    NEW DELHI: In yet another development relating to the embattled Board of Control for Cricket in India, the Supreme Court of India appointed former Comptroller and Auditor General Vinod Rai to head the apex cricketing body.

    Noted historian and writer on cricket Ramachandra Guha, former Indian cricketer Diana Edulji and Infrastructure Development Finance Corporation official Vikram Limaye were appointed members.

    Declining the Government’s request to appoint Sports Ministry Secretary as the member of the committee, the Court referred to its earlier judgment barring ministers and government servants from holding office in BCCI.

    The apex court said Amitabh Chaudhary, Anirudh Chaudhary of BCCI and Vikram Limaye will represent BCCI at the International Cricket Council meeting in the first week of February.

    The court had on 24 January 2017 rejected all nine names submitted by the BCCI counsel, but granted senior lawyer Kapil Sibal permission to provide suggestions for an interim panel to run Indian cricket.

    On 20 January, the centre moved the Court against the implementation of the Lodha Committee recommendations on behalf of the Railway Sports Promotion Board, Services Sports Control Board and All India Universities – three sporting bodies that held full membership of the BCCI earlier but now stand relegated to associate member status without voting rights as per the Lodha panel’s “one state-one vote” recommendation.

    The court had also said any individual over the age of 70 will not be appointed as BCCI administrators.

    After removing Anurag Thakur as BCCI president and disqualifying all the board and its state association office bearers who had failed to meet the new norms set by the Justice Lodha Committee, the Court had on 2 January said cricket administrators would be allowed to hold office for a cumulative period of nine years, inclusive of the time they hold office in their respective state associations as well as the BCCI. But in view of the 18 July last year order which stated that the cumulative tenure would be limited to nine plus nine years (nine years within the BCCI and nine in state associations), the Court had last week offered to clarify and set the ineligibility clause as “an office-bearer of the BCCI for nine years or a State Association for the same period”.

  • SC refuses to stay demonetisation

    SC refuses to stay demonetisation

    MUMBAI: The Supreme Court of India on Tuesday refused to stay the Central Government’s notification demonetising Rs 500 and Rs 1,000 currency notes but asked it to enlist the measures to minimise public inconvenience. It asked the Centre to take immediate steps to alleviate the hardships of the common man. “Discontinuing of higher denomination notes appears to be carpet bombing, and not a surgical strike,” the court said.

    The apex court was hearing a bunch of petitions demanding the rollback of the decision to scrap old notes. Without issuing any notice to the RBI or the Centre, the apex court posted the matter for further hearing on 25 November. “We will not be granting any stay,” a bench comprising Chief Justice TS Thakur and DY Chandrachud said. The remarks were made after some advocates insisted on a stay.

    Senior advocate Kapil Sibal, however, said he was not seeking a stay on the notification but seeking answers from the government about the steps taken to lessen public inconvenience. The bench asked attorney-general Mukul Rohatgi to file an affidavit about the measures already undertaken by the government and the Reserve Bank of India to minimise public inconvenience and the steps likely to be taken in future.

    The Centre, which had filed a caveat in the matter, sought dismissal of the petitions challenging demonetisation on several grounds including that they were “misconceived”. Rohatgi outlined the idea behind demonetisation and said large number of counterfeit currency has been used to finance terrorism in various parts of the country including in Jammu and Kashmir and northeastern states.

    Rohatgi informed the bench that Rs 3.25 lakh crore were deposited in the banks since 10 November, and Rs 11 lakh crore would be added in the next few days. He also said there were as many as 24 crore bank accounts including 22 crore opened under the ‘Jan Dhan Scheme’, and the Centre was hopeful to “ramp up” the outflow of the cash to banks, post offices and two lakh ATMs across the country.

  • SC refuses to stay demonetisation

    SC refuses to stay demonetisation

    MUMBAI: The Supreme Court of India on Tuesday refused to stay the Central Government’s notification demonetising Rs 500 and Rs 1,000 currency notes but asked it to enlist the measures to minimise public inconvenience. It asked the Centre to take immediate steps to alleviate the hardships of the common man. “Discontinuing of higher denomination notes appears to be carpet bombing, and not a surgical strike,” the court said.

    The apex court was hearing a bunch of petitions demanding the rollback of the decision to scrap old notes. Without issuing any notice to the RBI or the Centre, the apex court posted the matter for further hearing on 25 November. “We will not be granting any stay,” a bench comprising Chief Justice TS Thakur and DY Chandrachud said. The remarks were made after some advocates insisted on a stay.

    Senior advocate Kapil Sibal, however, said he was not seeking a stay on the notification but seeking answers from the government about the steps taken to lessen public inconvenience. The bench asked attorney-general Mukul Rohatgi to file an affidavit about the measures already undertaken by the government and the Reserve Bank of India to minimise public inconvenience and the steps likely to be taken in future.

    The Centre, which had filed a caveat in the matter, sought dismissal of the petitions challenging demonetisation on several grounds including that they were “misconceived”. Rohatgi outlined the idea behind demonetisation and said large number of counterfeit currency has been used to finance terrorism in various parts of the country including in Jammu and Kashmir and northeastern states.

    Rohatgi informed the bench that Rs 3.25 lakh crore were deposited in the banks since 10 November, and Rs 11 lakh crore would be added in the next few days. He also said there were as many as 24 crore bank accounts including 22 crore opened under the ‘Jan Dhan Scheme’, and the Centre was hopeful to “ramp up” the outflow of the cash to banks, post offices and two lakh ATMs across the country.