The News Broadcasters Association vs Ministry Of Information And ... on 16 July, 2021

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Kerala High Court

The News Broadcasters Association vs Ministry Of Information And ... on 16 July, 2021

Bench: T.R.Ravi

WP(C) No.14239/2021                       1/5

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR. JUSTICE T.R.RAVI
              Friday, the 16th day of July 2021 / 25th Ashadha, 1943
                              WP(C) NO. 14239 OF 2021
   PETITIONERS:

          1.THE NEWS BROADCASTERS ASSOCIATION,FF-42,OMAXE SQUARE, COMMERCIAL
          CENTRE, JASOLA
            NEW DELHI-110025 REPRESENTED BY ITS SECRETARY GENERAL, MRS ANNIE
          JOSEPH
          2.THE MATHRUBHUMI PRINTING & PUBLISHING CO.LTD,MATHRUBHUMI
          BUILDINGS,
            K.P.KESAVA MENON ROAD, KOZHIKODE,KERALA-673009,REPRESENTED BY ITS
          MANAGING PARTNER,
            MR.M.V SHREYAMS KUMAR
          3.MR.M.V SHREYAMS KUMAR,AGED ABOUT 53 YEARS,S/O LATE
          MR.M.P.VEERENDRAKUMAR,
            ANANDAMANDIRAM,PULIYRAMALA,P.O.KALPETTA
          NORTH,WAYANAD,KERALA-673122


   RESPONDENT:

          MINISTRY OF INFORMATION AND BROADCASTING,UNION OF INDIA,REPRESENTED
          BY THE SECRETARY,
          ROOM NO.522,A WING, SHASTRI BHAVAN, NEW DELHI-11000


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to

        (i) Stay the enforcement or implementation of the Cable Television
   Networks(Amendment) Rules,2021(Exhibit P3);or

        (ii) Restrain the respondent from taking any coercive steps against
   the Petitioners and members of Petitioner No.1 for not complying with the
   Cable Television Networks(Amendment) Rules,2021(Exhibit P3);or

        (iii)Stay the implementation of Rule 18 of the Cable Television
   Networks (Amendment) Rules,2021 (Exhibit P3) seeking self regulation by
   the self regulating body of broadcasters for the reasons stated above;or

        (iv)Stay the implementation Rules 19 and 20 of the Cable Television
   Networks(Amendment) Rules,2021 (Exhibit P3) for the reasons stated above,
   particularly of Oversight Mechanism comprising of Executive members at the
   third and final level of the complaint redressal who sit over the orders
   of a retired Supreme Court/High Court judge thereby compromising
   independence of the judicial process,

          during the pendency of the writ petition.
 WP(C) No.14239/2021                      2/5

        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M.GOPIKRISHNAN NAMBIAR, K.JOHN MATHAI, JOSON MANAVALAN, KURYAN THOMAS,
   PAULOSE C. ABRAHAM, RAJA KANNAN, NAYANPALLY RAMOLA Advocates for the
   petitioners and of ASSISTANT SOLICITOR GENERAL OF INDAIA for the
   respondent,the court passed the following:
 WP(C) No.14239/2021                      3/5




        EXHIBIT P3 :A TRUE COPY OF THE CABLE TELEVISION NETWORKS (AMENDMENT)
   RULES,2021,NOTIFIED ON 17.06.2021
 WP(C) No.14239/2021                         4/5




                                     T.R.RAVI, J.
                              -----------------------------------
                                WP(C).No. 14239 of 2021
                             -------------------------------------
                         Dated this the 16th day of July, 2021

                                       ORDER

Heard Sri Maninder Singh, learned counsel for the petitioners. The counsel submits that in the case of pari materia provisions under the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules 2021, which had been challenged before this Court in WP(C).No.13675/2021, this Court had admitted the writ petition and issued an interim direction to the respondents to refrain from taking coercive action against the petitioner for non-compliance of the provisions which had been challenged therein. As an interim relief, the petitioner limits his relief to the above prayer which had already been granted by this Court in the said writ petition.

2. Admit.

3. The learned ASGI of India takes notice for the respondents. The respondents seek a short time to file their counter affidavit.

WP(C) No.14239/2021 5/5

WP(C).No. 14239 of 2021 2

4. Post after two weeks. The respondents to file their counter affidavit in the meanwhile.

5. In the light of the interim order passed by this Court in WP(C).No.13675 of 2021, there will an interim order directing the respondents to refrain from taking coercive action against the petitioners for not complying with Cable Television Networks Amendment Rules 2021 (Ext.P3) pending disposal of the writ petition.

Hand over.

Sd/-

T.R.RAVI JUDGE sn 16-07-2021 /True Copy/ Assistant Registrar

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