Delhi High Court - Orders
Star India Private Limited vs Telecom Regulatory Authority Of India on 20 September, 2023
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~11, 12, 13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14039/2022
STAR INDIA PRIVATE LIMITED ..... Petitioner
Through: Mr. Rajiv Nayar, Sr. Adv. with Ms.
Ruby Singh Ahuja, Mr. Sidharth
Chopra, Ms. Swikriti Singhania, Mr.
Ranjeet Singh Sidhu, Ms. Srishti
Kumra and Mr. Varun Khanna, Advs.
versus
TELECOM REGULATORY AUTHORITY OF INDIA
..... Respondent
Through: Mr. Arjun Nataranjan and Ms.
Kamana Pradhan, Advs.
+ W.P.(C) 14080/2022
SUN TV NETWORK LIMITED ..... Petitioner
Through: Mr. Abhishek Malhotra and Ms.
Shilpa Gamnani, Advs.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Arjun Nataranjan and Ms.
Kamana Pradhan, Advs.
Mr. Asheesh Jain, CGSC with Mr.
Gaurav Kumar and Mr. Prashant
Rawat, GP for R-1.
+ W.P.(C) 14093/2022
CULVER MAX ENTERTAINMENT PRIVATE LIMITED
(FORMERLY SONY PICTURES NETWORKS INDIA PVT. LTD.)
..... Petitioner
Through: Mr. Abhishek Malhotra and Ms.
W.P.(C) 14039/2022 etc. Page 1 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/09/2023 at 21:15:31
Shilpa Gamnani, Advs.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Arjun Nataranjan and Ms.
Kamana Pradhan, Advs.
Mr. Apoorv Kurup and Ms. Kirti
Dhadheech, Advs. for R-1/UOI.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 20.09.2023 CM APPL. 42605/2023 & W.P.(C)-14039/2022 CM APPL. 42528/2023 & W.P.(C)-14080/2022 CM APPL. 42542/2023 & W.P.(C) 14093/2022
1. The Petitioners have approached this Court challenging the Orders dated 20.09.2022, passed by the TDSAT in B.A. No.1/2022 & B.A. No.2/2022, rejecting the application filed by the Petitioners herein challenging the Order dated 25.11.2021, passed by the Telecom Regulatory Authority of India (hereinafter referred to as 'the TRAI') under Section 12 of the Telecom Regulatory Authority of India Act, 1997. The TDSAT vide the impugned orders have directed the Petitioners to furnish information regarding streaming of live linear channels by the Petitioner on its own over the top (OTT) platform, i.e. Disney+Hotstar, or any third party OTT platform.
2. Notice was issued in the Writ Petitions on 28.09.2022. In the interregnum, TRAI filed an application stating that they have filed an affidavit before this Court which has rendered the present Writ Petition W.P.(C) 14039/2022 etc. Page 2 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 21:15:31 infructuous. The affidavit filed by the TRAI reads as under:
"1. That I am the Authorised Officer of the TRAI and this affidavit ("Affidavit") is being filed through me in discharge of my official duty and in my capacity as a public servant. The Affidavit has been drafted by my counsel under my instructions.
2. That TRAI issued an order dated 25.11.2021, under section 12 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), directing the Petitioner to provide a detailed architecture indicating which media (satellite, fibre or any other media) is being used to deliver content of linear channels to its own OTT platform or third-party OTT platform. This order dated 25.11.2021 has been impugned by the Petitioner by way of B.A. No. 1 of 2021 before Hon'ble TDSAT ("Impugned Order"). Vide the Impugned Order, TRAI had called for information from the Petitioner to examine if there is any violation of Clause 5.6 of the Downlinking Guidelines. The information sought from the Petitioner is essential to examine whether there is a violation of Clause 5.6 of the Downlinking Guidelines on the part of the Petitioner. TRAI's object in seeking the information is to examine whed1er d1ere is any violation of Clause 5.6 of Downlinking Guidelines on d1e part of the Petitioner.
3. That in response to Impugned Order, the Petitioner, vide its letter dated 24.02.2023 (Kindly see page 4 to 5 of the Petitioner's Additional Affidavit dated 03.03. 2023), specifically declared and confirmed that:
"3 ....
i. ....
ii. Sony LIV OTT platform (Sony LIV) is owned and operated b y CMEPL. For Sony LIV, CMEPL creates or acquires content from third parties and does not utilize any reception decoders to receive satellite TV W.P.(C) 14039/2022 etc. Page 3 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 21:15:32 Channels form CMEPL. Further, as you are aware, CMEPL offers its Sony LIV services by enabling its viewers to watch content through the medium of internet.
iii. Insofar as any other third -party OTf service is concerned, we can confirm that CMEPL, in keeping with the Downlinking Guidelines, only provides its reception decoders to the authorized distributors (MSOs/DTH/HITS/IPTV Operators) for the purposes of satellite TV channel signal reception ."
4. That TRAI has considered the aforesaid declaration and confirmation furnished by the Petitioner and on having due regard to the declaration and the confirmation therein, it prima facie appears that there is no violation of clause 5.6 of the Policy Guidelines. Thus, TRAI intends to close the issue at this stage in respect of the Petitioner. It goes without saying that such intention is without prejudice to conduct an investigation for verification of the declaration and the confirmation furnished by the Petitioner, in case TRAI considers expedient so to do. Pertinently, TRAI has filed an affidavit dated 05.08.2022 to this effect in B.A. No. 1 of 2022 in the Hon'ble TDSAT.
5. That I have perused the affidavit. I am conversant with the facts and circumstances of the present case. On the basis of the same, as well as the official records, TRAI is filing this Affidavit."
3. Paragraph No.4 of the said affidavit discloses that at this juncture, it prima facie appears that there is no violation of clause 5.6 of the Policy Guidelines and the authority intended to close the issue. This Court on 18.08.2023 passed the following order:
"1. These applications have been filed by the Telecom W.P.(C) 14039/2022 etc. Page 4 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 21:15:32 Regulatory Authority of India (TRAI) stating that in view of subsequent developments in the case, nothing survives in the instant writ petitions and, therefore, the writ petitions may be disposed of in light of the affidavit dated 05.08.2022 filed in W.P.(C) 14039/2022, which was also filed in Broadcasting Appeal No.01/2022 before the Hon'ble TDSAT as well as affidavit dated 17.07.2023 filed before this Court in W.P.(C) 14080/2022 and W.P.(C) 14093/2022.
2. Learned Counsel for the Petitioners seek some time to obtain instructions from the Petitioners.
3. List on 20.09.2023."
4. It is contended by the learned Counsel for the Petitioners that in view of the said affidavit, not only the Writ Petitions should be closed but the corollary of the proceedings before the TDSAT would also come to an end.
5. This statement has not been controverted by the learned Counsel for the Respondents.
6. In view of the above, the Writ Petitions and the proceedings before the TDSAT are rendered infructuous in light of the affidavit filed by the TRAI.
7. Accordingly, the Writ Petitions are disposed of. Pending applications, if any, also stand disposed of.
8. The date already fixed in the matter, i.e. 20.11.2023, stands cancelled.
SUBRAMONIUM PRASAD, J SEPTEMBER 20, 2023 Rahul/CS W.P.(C) 14039/2022 etc. Page 5 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 21:15:32