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Tag: Supreme Court

  • DD Bharati extends deal with Films Division for two years

    DD Bharati extends deal with Films Division for two years

    NEW DELHI: The Films Division has extended its agreement with DD Bharati to telecast documentaries on Doordarshan’s cultural channel for a period of two more years.

     

    Films Division director general Mukesh Sharma said that the agreement may be extended if the slots prove popular. He was speaking at a workshop on ‘How not to make a film’ at the ongoing Mumbai International Film Festival for Shorts, Documentaries and animation films of which he is the director.

     

    Sharma holds additional charge at FD in addition to his main charge as head of the Mumbai Kendra of Doordarshan.

     

    He said in reply to a question that his predecessor had earlier signed a year-long pact with DD Bharati but he had taken a slot for another two years.

     

    Sharma added that it had become difficult to revive the Films Division slot in cinema halls despite winning a case in the Supreme Court because the judgment had a lot of riders to it. The primary directive that the apex court had made was that the slot should not be confined to FD films but also have other short films.

     

    “A way has to be found for selecting the right kind of films for showing in theatres and this may necessitate a selection body,” Sharma said.

     

    The FD was prepared to give up its demand of payment by theatres, which in any case was less than Rs 10 per show.   

     

    Earlier, Sharma related the experience of a film he had made for the Children’s Film Society, India, where he was then posted, in 1989 where everything appeared to be going wrong but he not only made the film but even went on to win awards. He was originally asked to be the production controller by then Chairperson Jaya Bachchan but ended up being the director, the production controller, an actor, editor, and man Friday for the film, Anokha Asptaal because he had to meet a deadline given to him by the chairperson.

     

    He said though he was lucky because he had planned everything backwards – from the expected date of completion working backwards to finding locations, turning a two-page story into a film script and so on – he would not advise others to do so. 

  • DD Bharati extends deal with Films Division for two years

    DD Bharati extends deal with Films Division for two years

    NEW DELHI: The Films Division has extended its agreement with DD Bharati to telecast documentaries on Doordarshan’s cultural channel for a period of two more years.

     

    Films Division director general Mukesh Sharma said that the agreement may be extended if the slots prove popular. He was speaking at a workshop on ‘How not to make a film’ at the ongoing Mumbai International Film Festival for Shorts, Documentaries and animation films of which he is the director.

     

    Sharma holds additional charge at FD in addition to his main charge as head of the Mumbai Kendra of Doordarshan.

     

    He said in reply to a question that his predecessor had earlier signed a year-long pact with DD Bharati but he had taken a slot for another two years.

     

    Sharma added that it had become difficult to revive the Films Division slot in cinema halls despite winning a case in the Supreme Court because the judgment had a lot of riders to it. The primary directive that the apex court had made was that the slot should not be confined to FD films but also have other short films.

     

    “A way has to be found for selecting the right kind of films for showing in theatres and this may necessitate a selection body,” Sharma said.

     

    The FD was prepared to give up its demand of payment by theatres, which in any case was less than Rs 10 per show.   

     

    Earlier, Sharma related the experience of a film he had made for the Children’s Film Society, India, where he was then posted, in 1989 where everything appeared to be going wrong but he not only made the film but even went on to win awards. He was originally asked to be the production controller by then Chairperson Jaya Bachchan but ended up being the director, the production controller, an actor, editor, and man Friday for the film, Anokha Asptaal because he had to meet a deadline given to him by the chairperson.

     

    He said though he was lucky because he had planned everything backwards – from the expected date of completion working backwards to finding locations, turning a two-page story into a film script and so on – he would not advise others to do so. 

  • Supreme Court dismisses Government’s plea against Sun TV’s Red FM citing no security issue

    Supreme Court dismisses Government’s plea against Sun TV’s Red FM citing no security issue

    NEW DELHI: In what has come as a major relief for the Kalanithi Maran owned Sun TV Network, the Supreme Court today (29 January) dismissed the Government’s plea to deny security clearance to its radio channel Red FM.

    The apex court in its order said there was no ground for the complaint by the government and there was no evidence of abuse of radio waves by Red FM in the past.

     

    Speaking to Indiantelevision.com on the development, Sun Group CFO SL Narayanan said, “We are delighted with this development. This only goes to reinforce our faith in the judiciary.”

     

    Narayanan also informed that the judgment will help Red FM go ahead on its Phase III expansion plans.

     

    Red FM COO Nisha Narayanan added, “We are extremely happy with the decision of the Supreme Court to dismiss the plea of the MIB against the judgment of the Delhi High Court. This just re-affirms our faith in the judicial system and we at Red FM, like any other responsible media house, are totally committed to give our listeners a quality product like we have done in the past decade. Being a market leader, we are all charged up to strengthen brand ‘RED’ and launch Red FM in newer markets and build a strong brand there too.”

      

    Industry sources told this website that the judgment may lead to a rethink about the Home Ministry’s policy relating to denial to radio or television channels on security threat grounds.

    It may be recalled that Red FM was initially barred from participating in the Phase III FM auctions after the Home Ministry rejected security clearance to Sun TV Network’s radio channels and denied renewal to its license on the back of ‘security threat’ posed by the Marans.

     

    However, the Delhi and Madras High Courts had passed an order, which allowed Sun TV’s Digital Radio Broadcasting Ltd that runs Red FM, to participate in the auction that was held last year.

  • Supreme Court dismisses Government’s plea against Sun TV’s Red FM citing no security issue

    Supreme Court dismisses Government’s plea against Sun TV’s Red FM citing no security issue

    NEW DELHI: In what has come as a major relief for the Kalanithi Maran owned Sun TV Network, the Supreme Court today (29 January) dismissed the Government’s plea to deny security clearance to its radio channel Red FM.

    The apex court in its order said there was no ground for the complaint by the government and there was no evidence of abuse of radio waves by Red FM in the past.

     

    Speaking to Indiantelevision.com on the development, Sun Group CFO SL Narayanan said, “We are delighted with this development. This only goes to reinforce our faith in the judiciary.”

     

    Narayanan also informed that the judgment will help Red FM go ahead on its Phase III expansion plans.

     

    Red FM COO Nisha Narayanan added, “We are extremely happy with the decision of the Supreme Court to dismiss the plea of the MIB against the judgment of the Delhi High Court. This just re-affirms our faith in the judicial system and we at Red FM, like any other responsible media house, are totally committed to give our listeners a quality product like we have done in the past decade. Being a market leader, we are all charged up to strengthen brand ‘RED’ and launch Red FM in newer markets and build a strong brand there too.”

      

    Industry sources told this website that the judgment may lead to a rethink about the Home Ministry’s policy relating to denial to radio or television channels on security threat grounds.

    It may be recalled that Red FM was initially barred from participating in the Phase III FM auctions after the Home Ministry rejected security clearance to Sun TV Network’s radio channels and denied renewal to its license on the back of ‘security threat’ posed by the Marans.

     

    However, the Delhi and Madras High Courts had passed an order, which allowed Sun TV’s Digital Radio Broadcasting Ltd that runs Red FM, to participate in the auction that was held last year.

  • Delhi High Court declines to interfere on TDSAT’s HITS order; Star may move SC

    Delhi High Court declines to interfere on TDSAT’s HITS order; Star may move SC

    NEW DELHI: The Delhi High Court today said that it did not feel the need to examine whether the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) had the jurisdiction to direct broadcasters to treat the headend-in-the-sky (HITS) operator Noida Software Technology Park Ltd (NSTPL) at the same level as pan-India multi-system operators (MSOs).

     

    Justice Rajiv Sahai Endlaw said that there was a statutory provision for parties aggrieved by orders of TDSAT to go to the Supreme Court.

     

    The judge had on 7 January reserved its orders on the petition by Star India arising out of the Tribunal’s judgment of 7 December.

     

    The Court also agreed that all questions were open for being taken up by the Supreme Court if it is approached by the broadcaster.

     

    Star India had filed the petition on the ground that TDSAT exceeded its jurisdiction as it did not have the authority to ‘re-write the regulation.’

     

    A Star India spokesperson told Indiantelevision.com late in the evening that the broadcaster was examining future course of action. It is understood that this includes the opening of an appeal before the apex court.

     

    The High Court on 7 January had also said that a directive by TDSAT of 18 December asking Star India and other broadcasters to produce the kind of agreements it had with Hathway, Den and Siti Cable and listing the matter for 12 January, would stand suspended until the outcome of the High Court case.

     

    The Court heard arguments presented by Star India and NSTPL, whose petition had been accepted on 7 December by the Tribunal, which had asked Star India and Taj TV to execute fresh agreements with NSTPL. However, TDSAT had kept the operation of the judgment pending till 31 March this year.

     

    It had said that on past occasions as well similar suggestions were made with the hope of nudging the TRAI to take proactive steps to reduce the scope of disputes arising out of the regulations. “At the same time, the fact that regulatory intervention may be the ideal way forward cannot and should not be an excuse for this Tribunal to shirk the interpretative issues that have come before us. This is particularly so when there appears to be regulatory inertia,” TDSAT had said.

     

    The Tribunal had, on 18 December, impleaded Zee Turner and others in another petition by Star India against NSTPL and asked the broadcasters to produce the agreements between the broadcasters and major MSOs. It opined that some agreements have to be suspended by Star and Taj TV.

  • Delhi High Court declines to interfere on TDSAT’s HITS order; Star may move SC

    Delhi High Court declines to interfere on TDSAT’s HITS order; Star may move SC

    NEW DELHI: The Delhi High Court today said that it did not feel the need to examine whether the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) had the jurisdiction to direct broadcasters to treat the headend-in-the-sky (HITS) operator Noida Software Technology Park Ltd (NSTPL) at the same level as pan-India multi-system operators (MSOs).

     

    Justice Rajiv Sahai Endlaw said that there was a statutory provision for parties aggrieved by orders of TDSAT to go to the Supreme Court.

     

    The judge had on 7 January reserved its orders on the petition by Star India arising out of the Tribunal’s judgment of 7 December.

     

    The Court also agreed that all questions were open for being taken up by the Supreme Court if it is approached by the broadcaster.

     

    Star India had filed the petition on the ground that TDSAT exceeded its jurisdiction as it did not have the authority to ‘re-write the regulation.’

     

    A Star India spokesperson told Indiantelevision.com late in the evening that the broadcaster was examining future course of action. It is understood that this includes the opening of an appeal before the apex court.

     

    The High Court on 7 January had also said that a directive by TDSAT of 18 December asking Star India and other broadcasters to produce the kind of agreements it had with Hathway, Den and Siti Cable and listing the matter for 12 January, would stand suspended until the outcome of the High Court case.

     

    The Court heard arguments presented by Star India and NSTPL, whose petition had been accepted on 7 December by the Tribunal, which had asked Star India and Taj TV to execute fresh agreements with NSTPL. However, TDSAT had kept the operation of the judgment pending till 31 March this year.

     

    It had said that on past occasions as well similar suggestions were made with the hope of nudging the TRAI to take proactive steps to reduce the scope of disputes arising out of the regulations. “At the same time, the fact that regulatory intervention may be the ideal way forward cannot and should not be an excuse for this Tribunal to shirk the interpretative issues that have come before us. This is particularly so when there appears to be regulatory inertia,” TDSAT had said.

     

    The Tribunal had, on 18 December, impleaded Zee Turner and others in another petition by Star India against NSTPL and asked the broadcasters to produce the agreements between the broadcasters and major MSOs. It opined that some agreements have to be suspended by Star and Taj TV.

  • Madras High Court dismisses CSK’s petition on IPL suspension

    Madras High Court dismisses CSK’s petition on IPL suspension

    MUMBAI: The Madras High Court rejected Chennai Super Kings’ (CSK) writ petition challenging the Lodha Committee’s order to suspend its IPL franchise for a period of two years.

     

    CSK has challenged suspension of its IPL franchise by the Board of Control for Cricket in India (BCCI), which the Madras HC dismissed as not being maintainable by the first bench comprising Chief Justice Sanjay Kishan Kaul and Justice PS Sivagnanam. 

     

    The PIL filed by BJP leader Subramanian Swamy in the same matter was also been dismissed as the Supreme Court has given liberty only to an “aggrieved party” to challenge the Justice R.M. Lodha committee proceedings.

     

    It may be recalled that CSK along with Rajasthan Royals were barred from playing in the IPL for two years after a three-member panel appointed by the Supreme Court and headed by former Chief Justice of India RM Lodha found top officials from both teams having engaged in illegal betting.

  • Madras High Court dismisses CSK’s petition on IPL suspension

    Madras High Court dismisses CSK’s petition on IPL suspension

    MUMBAI: The Madras High Court rejected Chennai Super Kings’ (CSK) writ petition challenging the Lodha Committee’s order to suspend its IPL franchise for a period of two years.

     

    CSK has challenged suspension of its IPL franchise by the Board of Control for Cricket in India (BCCI), which the Madras HC dismissed as not being maintainable by the first bench comprising Chief Justice Sanjay Kishan Kaul and Justice PS Sivagnanam. 

     

    The PIL filed by BJP leader Subramanian Swamy in the same matter was also been dismissed as the Supreme Court has given liberty only to an “aggrieved party” to challenge the Justice R.M. Lodha committee proceedings.

     

    It may be recalled that CSK along with Rajasthan Royals were barred from playing in the IPL for two years after a three-member panel appointed by the Supreme Court and headed by former Chief Justice of India RM Lodha found top officials from both teams having engaged in illegal betting.

  • I&B Ministry to move Supreme Court to club all DAS cases into one

    I&B Ministry to move Supreme Court to club all DAS cases into one

    NEW DELHI: The Information and Broadcasting (I&B) Ministry will be moving the Supreme Court to club the various orders in different High Courts, which ordered extension of Phase III of the Digital Addressable System (DAS) beyond 31 December, 2015.

     

    I&B Ministry Secretary Sunil Arora confirmed to Indiantelevision.com that the apex court would be moved in this connection within the next few days.

     

    However, it was not immediately clear whether this would be a fresh appeal, or – as was reported by this website on 7 January – it would be in the form of an appeal against one of the High Court orders with an additional request that since other matters are similar they also be heard at the same time.

     

    This decision came as a disappointment to many multi system operators (MSOs) in other states who said they would find it very difficult to come to Delhi to fight the case or pay the high fee charges by Supreme Court advocates for this purpose.

     

    Several rounds of discussions have been held internally as well as with the officials of the Law Ministry and legal experts over the past few days before coming to this decision, to thwart the snowballing effect of the orders that commenced from Hyderabad and found a boost in the arguments in the Bombay High Court based on the Kusum Ingots case of 2004, which encouraged MSOs and local cable operators (LCOs) in other states.

     

    At present, the implementation remains stayed for varying periods in the states of Andhra Pradesh, Assam, Maharashtra, Orissa, Sikkim, and Telangana, apart from Tamil Nadu where prolonged legal cases have been pending since Phase I.

      

    There was also general consensus that this was the right course as the apex court had on an earlier occasion relating to the Cable Television Networks (Regulation) Act 1995 and orders issued thereunder that High Courts have to be cautious when giving orders on matters relating to policy.  

      

    At the same time, Ministry officials said that while obeying the directives of the various High Courts, which had extended the DAS deadline by various periods ranging between eight to 12 weeks, it would prepare to oppose the decisions.

     

    A senior Ministry official also said it was working on how plans to thwart the implementation of Phase III could be prevented – if necessary through legislative processes.

     

    The official also expressed the view that the cases would in fact work against the last mile operator and benefit the direct to home (DTH) and Headend In the Sky (HITS) players.

     

    Sources said they had evidence to show seeding of set top boxes (STBs) to the extent of 76 per cent as revealed in the 13th Task Force meeting on 30 December. 

     

    Meanwhile as earlier reported, legal opinion is divided on whether the Kusum Ingots case, which was referred to in the Bombay High Court could be used by a High Court to direct a pan-India stay.

     

    The broadcasters and channel distributors feel any extension would only lead to delays in all fields of digitisation including a further delay in not just the Phase III and Phase IV (slated for December 2016) but also pockets of Phase I and II, which have still not implemented digital addressable systems.

     

    At the same time, the stakeholders agree that there is a shortage of STBs and just one or two players are making local boxes despite the ‘Make in India’ campaign, and the government had to be make some relaxations in the budget in this regard.

     

    With the I&B Ministry now taking the matter to the Supreme Court, the developments ahead will be keenly watched by all stakeholders.

  • DAS Phase III: MSO Alliance heading towards Caveat route in multiple states

    DAS Phase III: MSO Alliance heading towards Caveat route in multiple states

    MUMBAI: The Digital Addressable System (DAS) Phase III deadline came and went and what it’s left behind is chaos and carnage. The analogue signals, which went off for a day or two in some territories, are all back now. Last mile operators (LMOs) who faced the set-top-box shortage crisis have taken the judicial route to challenge the deadline given by the Ministry of Information and Broadcasting (MIB). In six states so far the High Court has permitted an extension where as in Assam’s Kamrup district, the District Magistrate after reviewing the petition allowed an extension.

     
     
    Now multi system operators (MSOs) are also exploring various legal routes and if sources are to be believed, then the MSO Alliance is moving the Uttaranchal and Jharkhand High Courts to file a Caveat. “We sense that the LMOs will go to the honorable court in the two states and hence before they reach out in order to aware the court about the scenario, we are filing a caveat,” a source close to the development tells Indiantelevision.com. 
     
    The DAS Phase III dilemma has also opened the piracy floodgates says a senior cable operator in Assam. “We have migrated from analogue to digital and therefore did not have the infrastructure to provide analogue signals, which we were ordered to be discontinued. But others continued with their analogue signals. ACC in Assam had the analogue signals running all throughout, which is piracy. Now the district magistrate has also ordered the extension in a particular territory, but the analogue signals are running all across Assam. Is it not piracy?” he questions. 
     
    The path ahead will be watched keenly as various stakeholders pull rabbits out of their hats in the coming days.