Punjab-Haryana High Court
H.C.Arora vs Union Of India And Others on 13 August, 2008
Bench: T.S.Thakur, Surya Kant
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP NO.14012 OF 2007
Date of Decision: August 13, 2008
H.C.Arora Versus Union of India and others
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Coram: Hon'ble Mr.Justice T.S.Thakur, Chief Justice and Hon'ble Mr.Justice Surya Kant.
Present: Shri H.C.Arora, Petitioner in person Shri Sarabjit Singh, Central Government Standing Counsel **** T.S.Thakur, CJ (Oral) This petition has been filed in the Public Interest. It prays for a Mandamus directing respondents No.1 and 2 to evolve an appropriate Code of Conduct/ "Contents Code", or some other self-regulatory mechanism for private television/news channels for preventing glorification of crime, violence and vice, which dominate these channels as excessive telecast of such stories on these channels is bound to encourage anti-social activities and exert a harmful influence on persons of impressionable age.
In the reply filed on behalf of the respondents-Union of India, it is inter alia stated that a committee has been constituted for reviewing programme and advertising Codes prescribed under the Cable TV Network (Regulation) Act, 1995 and the rules framed thereunder and the guidelines for certification of filmes prescribed under the Cinematography Act, 1952. A new "Contents Code", it appears, is being drafted by the said Committee with a view to giving greater specificity and detail and to introduce new provisions considered necessary as per contemporary community standards to facilitate self regulation among T.V.Channels. This Committee among others consists of representatives of Broadcasting organizations, Civil Society groups and consumer fora. The draft CWP NO.14012 OF 2007 -2- of the proposed "Contents Code" as prepared by the Committee has been posted on the website of the Ministry of Information and Broadcasting at www.mib.nic.in. Representations and suggestions are still being received by the authorities both for and against the code. The counter affidavit goes on to state that the issue of violence, crime and horror serials is in the process of being considered by the Committee. It denies the allegation that the proposted "Contents Code" would have nothing to do with the stories and serials of crimes being telecast.
Mr.H.C.Arora, who appears in person submits that in the light of the avrments made in the counter affidavit and the fact that the process of redrafting the "Contents Code" by the Committee referred to in the counter affidavit is afoot, it is not necessary for this Court to issue any specific direction on the subject except that any suggestion which the petitioner may have to make in relation to the said Code may also be considered by the Committee concerned. He submits that he would make his suggestions in relation to the proposed Contents Code in writing and send the same to the Secretary, Government of India, Ministry of Information and Broadcasting, New Delhi which could then be considered at the appropriate level.
Shri Gurpreet Singh, counsel appearing for the Government of India has no objection to the course of action proposed by Mr.Arora, being followed. He submits that if any suggestions are received from the petitioner within the time frame fixed by the Court, the same shall also be referred to the Committee for consideration and if considered feasible incorporated in the "Contents Code". In the circumstances, therefore, and keeping in view the submissions made at the Bar, we consider it unnecessary to issue any specific direction regarding the need for regulation of the so called programmes in exercise of our Public Interest Jurisdiction. All that we need say is that the petitioner is free to make suggestions, if any, for incorporation in the "Contents Code" by the concerned Committee, within two weeks from today. In case any such suggestions are addressed to the Secretary to Government of India, CWP NO.14012 OF 2007 -3- Ministry of Information and Broadcasting, within the period mentioned above, the Secretary shall refer the same to the Committee concerned for consideration. We hope and trust that the Committee shall give due consideration to the suggestions so made while preparing the Contents Code. Beyond this, it is neither necessary nor proper for us to say anything at this stage.
This petition is accordingly disposed of with no order as to costs.
( T. S. THAKUR )
CHIEF JUSTICE
August 13, 2008 ( SURYA KANT )
Malik JUDGE