MUMBAI: The vigilant and democratic courts in India seem to be favouring justice more than regulation. The government apparently has been passing regulatory orders without studying the respective issues well and not doing sufficient homework before pleading their case/s. The Bombay High Court has termed as illegal the order of ministry of information and broadcasting imposing a week-long ban on Care World TV channel.
Terming the order of the union government to prohibit transmission or retransmission of Care World TV channel for a week “completely illegal”, and a breach of elementary principles of natural justice, the court granted interim relief to Care World TV, stating that, till the disposal of the matter, no steps will be taken to implement the ban order. Justice A S Oka observed that, the larger issue of the power of the government of India of prohibiting the telecast of the TV channel, was, prima facie, illegal.
The court held that the wider issue of power of the government to pass such a stern order would have to be looked into.
The directions came recently while a bench of Justices Anuja Prabhudessai and A S Oka was hearing a plea filed by Seven Star Satellite Private that runs the channel. The channel had challenged the 2-November order of the ministry that ordered it to go completely off-air between 9 & 16 November.
The order had stated that its inter-ministerial committee found that the channel had violated the programme code prescribed by the Cable Television Networks (Regulation) Act by showing “adult content”. The hearing after the issuance of show-cause notice was given by the IMC but the order was signed by the ministry director.
The lawyer representing the channel said the order recorded that the competent authority had decided to impose the penalty. The show-cause notice dated 26 June, 2015, however, was issued by the director while only the ministry had the powers to issue the order. He added that the show was pulled off-air on 4 November when the ban order was received.
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