ITV

Tag: Maran Brothers

  • SC stays ED proceedings in Aircel-Maxis case to attach Sun TV assets

    SC stays ED proceedings in Aircel-Maxis case to attach Sun TV assets

    NEW DELHI: For the second time within a month, the Supreme Court has come to the rescue of the beleaguered Sun TV group owned by the Maran brothers.

     

    Earlier on 26 July, the apex Court had permitted the FM channels associated with the group to take part in the e-auctions that commenced on 27 July.

     

    The SC today stayed the attachment proceedings before the Enforcement Directorate (ED) Adjudicating Authority against Sun TV assets of the Maran brothers in the Aircel-Maxis case.

     

    The Court, however, said the provisional attachment order issued by the ED would stay alive even if the 180-day period for confirming the attachment order is over.

     

    ED had ordered provisional attachment of assets of Sun TV worth Rs 742 crore allegedly linked to the Aircel-Maxis deal. The attachment order was under the Prevention of Money Laundering Act.

     

    Sun TV had approached the Supreme Court against a Madras High Court order refusing to hear their plea against the provisional attachment on the grounds that the case was linked to the 2G spectrum scam, which is already pending before the bench headed by the Chief Justice of the apex court.

  • Red FM gets HC nod to participate in FM Phase III auctions

    Red FM gets HC nod to participate in FM Phase III auctions

    NEW DELHI: The Delhi High Court, which had earlier permitted Digital Radio Broadcasting Ltd, which runs Red FM to take part in the mock e-auction, today (26 July) gave the company permission to take part in the main e-auction for FM Phase III commencing tomorrow (27 July).

     

    Justices Badar Durrez Ahmed and Sanjeev Sachdeva pronounced the order on a Sunday in view of the urgency of the matter. 

     

    The court had yesterday heard detailed arguments by Red FM counsel Kapil Sibal for Red FM who said that there was no security issue involved even in the light of the cases against the Maran brothers. He also said this amounted to curbs on the freedom of the media.

     

    Government standing counsel Sanjiv Narula, who had said there was no question of postponement of the e-auctions as that would have a cascading effect.

     

    It had been pointed out by Sibal that the Madras High Court had already permitted three sister companies to take part in the main e-auction. However, Narula said the Madras High Court’s single judge order was not binding upon the division bench of Delhi High Court.

     

    The Court had earlier termed as “incongruent” the denial of security clearance to Red FM to participate in the Stage III FM auction due to its association with the Sun TV Group, while Madras High Court had allowed it to take part. 

     

    The bench said while the Madras HC has allowed the Sun TV Group to participate in the auction, the Centre has denied the same relief to Digital Radio Broadcasting Ltd, due to its association with the Maran-run group.

     

    The Madras High Court, while passing orders on 23 July, asked that the results of the auction be kept in a sealed cover till further orders and said that it would be subject to the result of the main writ petition filed by the group, which has sought a direction to quash the order passed by the Information and Broadcasting Ministry. 

     

    The Ministry had filed an affidavit in the Delhi High Court stating that Red FM’s plea for security clearance to participate in stage III of FM auctions was not maintainable as it is seeking judicial review of a ‘policy decision.’

     

    Earlier on 22 July, the Delhi High Court had allowed Red FM to take part in mock auctions for the third phase of e-auctions after Narula told the Court that it was not possible for the Ministry to postpone the main FM auctions. He said the entire process had been lined and any postponement will have a cascading effect.

     

    Red FM is among the prime bidders in the phase III of FM auctions covering 135 radio channels in 69 cities.

     

    The Ministry had last week issued a list of 21 bidders, which did not include the Group’s Red FM, and then sent a formal communication to the Group on 15 July that it had been denied permission.

     

    Red FM has pleaded to the Court that the Centre should permit Sun Group to migrate to the Phase-III regime by allowing it to resubmit the application of 20 March, 2015 to participate in the e-auction.

     

    The petitions also said the company was not involved in any dispute with the nation’s security, nor had it broadcast anything that affected the security of the nation.

     

    Apart from the denial to participate in Phase III FM auctions, the order also implied that the sister companies of the Sun Group would be compelled to close down FM radio stations, totalling 45 across the nation, the petitioners said.

  • Red FM to participate in mock auctions; Delhi HC to hear case on 24 July

    Red FM to participate in mock auctions; Delhi HC to hear case on 24 July

    NEW DELHI: The Delhi High Court has allowed Red FM owned by Digital Radio Broadcasting Ltd, which is part of the Sun Group, to take part in mock auctions for the third phase of FM auctions to be held on 22 and 23 July.

     

    Justice Badar Durrez Ahmed and Sanjeev Sachdeva issued notice to the Government and said it would hear the matter on 24 July.

     

    The order came after Government counsel Sanjeev Narula told the Court that it was not possible for the Information and Broadcasting (I&B) Ministry to postpone the main FM auctions. He said the entire process had been lined and any postponement will have a cascading effect.

     

    The Court had yesterday (21 July) asked the Centre to consider deferring the auctions as it heard a plea by Digital Radio Broadcasting against the government’s decision.

     

    Meanwhile, the Madras High Court said it would announce its orders on 23 July. The court had reserved its orders after prolonged hearing yesterday and had initially said that the orders would be pronounced today (22 July).

     

    Red FM is among the prime bidders in the phase III of FM auctions covering 135 radio channels in 69 cities.

     

    The Ministry had last week issued a list of 21 bidders, which did not include the Sun Group’s Red FM, and then sent a formal communication to the Group on 15 July that it had been denied permission.

     

    The Court has been asked to direct the Centre to permit Sun Group to migrate to the Phase-III regime by allowing it to resubmit the application dated 20 March, 2015 to participate in the auction.

     

    The petitions also said the company was not involved in any dispute with the nation’s security, nor had it broadcast anything that affected the security of the nation.

     

    The petition alleges that the order denying permission had been issued “carelessly, with total non-application of mind and in a cavalier fashion, totally unmindful of its consequences and repercussions not only on Sun TV but also on the entire broadcasting and media industry.”

     

    Apart from the denial to participate in Phase III FM auctions, the order also implied that the sister companies of the Sun Group would be compelled to close down FM radio stations, totalling 45 across the nation, the petitioners said.

     

    “Non-inclusion of the company’s name on the list is nothing but closing the entire FM stations run by it for extraneous, illegal and mala fide reasons,” the petitions said.

     

    It has pointed out that the Indian Telegraph Act does not make any mention of security clearance, and licence can be terminated or denied only if there is violation of the terms of the agreement including any defaults in payment.

     

    Clause 2.2(b) of the Information Memorandum and Clause 3.2(b) of the Notice Inviting Application says only a company controlled by a person convicted for an offence involving moral turpitude or money laundering or drug trafficking or terrorist activities or is declared as insolvent will not be eligible to apply. The petitioners said there was nothing in the rules to deny permission to the Sun Group, which is controlled by the Maran brothers. 

  • Sun Group’s entry order in FM Phase III auctions expected on 22 July in Delhi & Chennai HC

    Sun Group’s entry order in FM Phase III auctions expected on 22 July in Delhi & Chennai HC

    NEW DELHI: The Delhi High Court today (21 July) asked counsel for the Union of India to get instructions on whether the auctions for FM Phase III will be postponed or whether the Sun Group will be permitted to take part.

     

    The Court adjourned the hearing of the main case and the application for stay to tomorrow to allow government counsel to get instructions. Senior Counsel Kapil Sibal presented the case for Sun Group.

     

    The Group has sought a stay on the order of the Information and Broadcasting (I&B) Ministry in this regard. The Ministry had last week issued a list of 21 bidders, which did not include the Group’s Red FM, and then sent a formal communication to the Group on 15 July that it had been denied permission.

     

    In Chennai, the Madras High Court reserved its orders on the interim application for stay and is expected to pronounce its verdict tomorrow (22 July). 

     

    The Court has been asked to direct the Centre to permit Sun Group to migrate to the Phase-III regime by allowing it to resubmit the application dated 20 March, 2015 to participate in the auction.

     

    The petitions also said the company was not involved in any dispute with the nation’s security, nor had it broadcast anything that affected the security of the nation.

     

    The petition alleges that the order denying permission had been issued “carelessly, with total non-application of mind and in a cavalier fashion, totally unmindful of its consequences and repercussions not only on Sun TV but also on the entire broadcasting and media industry.”

     

    Apart from the denial to participate in Phase III FM auctions, the order also implied that the sister companies of the Sun Group would be compelled to close down FM radio stations, totalling 45 across the nation, the petitioners said.

     

    “Non-inclusion of the company’s name on the list is nothing but closing the entire FM stations run by it for extraneous, illegal and mala fide reasons,” the petitions said.

     

    It has pointed out that the Indian Telegraph Act does not make any mention of security clearance, and licence can be terminated or denied only if there is violation of the terms of the agreement including any defaults in payment.

     

    Clause 2.2(b) of the Information Memorandum and Clause 3.2(b) of the Notice Inviting Application says only a company controlled by a person convicted for an offence involving moral turpitude or money laundering or drug trafficking or terrorist activities or is declared as insolvent will not be eligible to apply. The petitioners said there was nothing in the rules to deny permission to the Sun Group, which is controlled by the Maran brothers.

  • Sun Group challenges denial of permission to bid for FM Phase III auctions in Chennai & Delhi High Courts

    Sun Group challenges denial of permission to bid for FM Phase III auctions in Chennai & Delhi High Courts

    NEW DELHI: The Sun Group’s challenge to denial of permission to participate in auction for Phase-III of FM radio broadcasting licences is expected to be heard both by the Madras and Delhi High Courts on 21 July, 2015. 

     

    The Group, in the petitions filed today (20 July), has also sought a stay on the order of the Information and Broadcasting (I&B) Ministry in this regard. The Ministry had last week issued a list of 21 bidders, which did not include the Group’s Red FM, and then sent a formal communication to the Group on 15 July that it had been denied permission. 

     

    The Court has been asked to direct the Centre to permit Sun Group to migrate to the Phase-III regime by allowing it to resubmit the application dated 20 March, 2015 to participate in the auction.

     

    When asked how case on a similar issue could be filed simultaneously in two High Courts, a spokesperson of Sun Group said the petitions have been filed by different companies which are part of the Group.

     

    A set of six writ petitions, which include three each by the company and the shareholders, has sought permission to resubmit its application to participate in the tender.

     

    The petitions also said the company was not involved in any dispute with the nation’s security, nor had it broadcast anything that affected the security of the nation.

     

    The petition alleges that the order denying permission had been issued “carelessly, with total non-application of mind and in a cavalier fashion, totally unmindful of its consequences and repercussions not only on Sun TV but also on the entire broadcasting and media industry.”

     

    Apart from the denial to participate in Phase III FM auctions, the order also implied that the sister companies of the Sun Group would be compelled to close down FM radio stations, totalling 45 across the nation, the petitioners said.

     

    “Non-inclusion of the company’s name on the list is nothing but closing the entire FM stations run by it for extraneous, illegal and mala fide reasons,” the petitions said.

     

    It has pointed out that the Indian Telegraph Act does not make any mention of security clearance, and licence can be terminated or denied only if there is violation of the terms of the agreement including any defaults in payment.

     

    Clause 2.2(b) of the Information Memorandum and Clause 3.2(b) of the Notice Inviting Application says only a company controlled by a person convicted for an offence involving moral turpitude or money laundering or drug trafficking or terrorist activities or is declared as insolvent will not be eligible to apply. The petitioners said there was nothing in the rules to deny permission the the Sun Group, which is controlled by the Maran brothers.

     

    Some financial cases – with no relation to the nation’s security – are pending against the two brothers but nothing has been proved, a Sun Group spokesperson told Indiantelevision.com.

  • Sun TV to move HC on denial of permission to bid for FM Phase III auctions

    Sun TV to move HC on denial of permission to bid for FM Phase III auctions

    NEW DELHI: The Sun TV Group is planning to move the High Court in Delhi or Chennai on Monday (20 July) to challenge the denial of permission to Red FM to bid in Phase III of FM auctions.

     

    Sun Group chief financial officer SL Narayanan told Indiantelevision.com that the Group had received a formal communication from the Information and Broadcasting Ministry on night of 16 July that it would not be allowed to bid in view of pending cases against the Maran brothers.

     

    Narayanan said that the Group had so far refrained from commenting as “we do not want to fight in the media,” but was not reacting as the Ministry had given it a cause of action for a writ petition under Article 226 of the Constitution.

     

    The list of 21 bidders, which had got the go-ahead on 15 July did not contain the name of Red FM, which is a strong contender.

     

    Narayanan also said that the cases against the Marans were not linked to security issues and had in any case not been concluded. Further, he said that a company could not be asked to close down merely because it had some cases pending against it.

     

    Expressing his gratitude to the manner in which the Indian media had taken up the cause of freedom of the press on behalf of Sun, he said that no plans had been drawn up for moving the Courts on Sun TV since there was no cause for action as the government had so far failed to send any communication relating to the security clearance issue pending with the Home Ministry.

     

    He was particularly grateful to Indian Broadcasting Foundation (IBF) president Uday Shankar and Association of Radio Operators in India’s (AROI) Uday Chawla for writing to Prime Minister Narendra Modi as well as Home Minister Rajnath Singh and I&B Minister Arun Jaitley.

     

    In addition, political parties Dravida Munnetra Kazhagam (DMK) and PMK had also issued statements condemning the delay by the Government in taking a decision.

  • Madras HC dismisses Marans’ plea; I&B asks MHA to clarify on security nod denial

    Madras HC dismisses Marans’ plea; I&B asks MHA to clarify on security nod denial

    NEW DELHI: The Madras High Court has dismissed petitions by Sun TV and Kal Comm Pvt. Ltd. seeking stay on the attachment of its assets by Enforcement Directorate (ED) in connection with Aircel-Maxis case.

     

    Justice M. Sathyanarayanan said the Supreme Court was monitoring the case and the High Court was not inclined to entertain the petitions.

     

    Meanwhile, it is learnt that in reply to a letter from the Information and Broadcasting (I&B) Ministry seeking clarifications on rejection of security clearance to Sun TV, the Ministry of Home Affairs (MHA) has reiterated its position. The I&B Ministry is understood to have highlighted the issue relating to freedom of the media.

     

    That apart, the I&B Ministry may be writing again, pointing to the Madras High Court order of September last year, which had commented strongly against the Ministry for cancelling the multi system operator (MSO) license to Sun TV Network’s subsidiary Kal Cables. The observation had come in a case relating to denial of security clearance as the Maran brothers were facing criminal cases.

     

    As was reported earlier by Indiantelevision.com, the refusal to grant a license could result in the closure of 33 channels of the group, FM channels and print outlets.

     

    During the hearing of the case today, the senior counsel appearing for the petitioner contended that the properties were acquired much before the investigating agencies commenced their probe into the Aircel-Maxis case and questioned why properties of other firms accused in the case have not been attached.

     

    Additional Solicitor General G. Rajagopalan contended that the Supreme Court was monitoring the developments in the case and had also observed that any other court hearing the matter would impede the investigation by the Central Bureau of Investigation (CBI) and the ED.

     

    Following the attachment of two of its properties by the ED on 31 March, Sun TV and Kal Comm Pvt. Ltd. moved the Madras High Court seeking to quash the order. The ED had earlier questioned the maintainability of the petitions in view of the Supreme Court’s directions in the case.

     

    The Supreme Court in a blanket order of 10 February, 2011 and 11 April, 2011 restricted any court from entertaining petitions in the matter.