Supreme Court - Daily Orders
Union Of India vs The News Broadcasters Association on 23 July, 2024
Author: Sanjay Kumar
Bench: Sanjay Kumar
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NOS. 2154-2155 OF 2021
UNION OF INDIA ETC. ..... APPELLANT(S)
VERSUS
UDAY BEDI ETC. ..... RESPONDENT(S)
WITH
SPECIAL LEAVE PETITION (CIVIL) NO. 13661 of 2021
WRIT PETITION (CIVIL) NO. 787 OF 2020
SPECIAL LEAVE PETITION (CIVIL) NO. 6722 OF 2022
O R D E R
T.P.(C) NOS. 2154-2155 OF 2021, SLP(C) NO. 13661 of 2021 and SLP(C) NO. 6722 OF 2022 We have heard learned counsel for the parties.
2. The vires of Cable Television Networks (Amendment) Rules, 20211 have been challenged by way of writ petitions filed in various High Courts including the High Court of Judicature at Madras and the High Court of Kerala. Our attention has been drawn to the order dated 22.03.2024 passed by this Court in T.P.(C) nos. 997-1000/2021 titled “Union of India & Anr. Etc. vs. Foundation for Independent Journalism & Ors. etc.” and other transfer petitions, which order pertains to writ petitions challenging the Information Signature Not Verified Digitally signed by Technology Deepak Guglani Date: 2024.07.26 (Intermediaries Guidelines and Digital Media Ethics 17:22:02 IST Reason:
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For short, “CTN Amendment Rules, 2021”.1
Code) Rules, 2021.2
3. We are informed that the grounds for challenge in the writ petitions covered by T.P.(C) nos. 997-1000/2021 and connected petitions and the writ petitions challenging the vires of the CTN Amendment Rules, 2021 are similar.
4. In order to avoid contradictory judgments, the Union of India has filed transfer petition in this Court to consolidate all matters pertaining to the IT Rules, 2021 in one Court for analogous consideration.
5. In T.P.(C) nos. 997-1000/2021, writ petitions have been transferred to the High Court of Delhi.
6. Keeping in view the facts of the case, we deem it appropriate to transfer W.P. No. 10796/2021 titled “Charitha V. v. MeitY & Anr.”, pending in High Court of Karnataka to the High Court of Delhi.
7. SLP(C) no. 13661/2021 has been filed by the Union of India challenging the interim order passed by the High Court of Kerala at Ernakulam in W.P.(C) no. 14239/2021 titled “The News Broadcasters Association & Ors. v. Ministry of Information and Broadcasting, Union of India” and SLP(C) no. 6722/2022 has been filed challenging the interim order passed by the High Court of Madras in W.P.(C) no. 25896/2021 titled “Indian Broadcasting & Digital Foundation & Ors. v. Union of India”. The said writ petitions pertain to the CTN Amendment Rules, 2021. Keeping in view the facts of the case, the said writ petitions are also ordered to be transferred to the High 2 For short, “IT Rules, 2021”.
2 Court of Delhi for analogous hearing with similar writ petitions.
8. The High Court of Delhi will accordingly consider as to whether or not the aforesaid interim orders should be confirmed or vacated. We permit the Union of India to make necessary prayers before the High Court of Delhi.
9. The paper books/records in the cases mentioned hereinabove should now be transferred to the High Court of Delhi within four weeks from today.
10. In addition, all such similar cases pending in various High Courts should also be transferred on appropriate application filed by either of the parties.
11. As we have transferred the matters to the High Court of Delhi, the prayer for transfer of W.P. no. 6844/2021 titled “Uday Bedi vs. Union of India” from High Court of Delhi to this Court is deemed to be negated.
12. The transfer petitions are allowed in the above terms.
13. SLP(C) nos. 13661/2021 and 6722/2022 accordingly stand disposed of.
Pending application(s), if any, shall stand disposed of. W.P.(C) No. 787 OF 2020
14. It is submitted by the learned counsel for the petitioner that since this is a writ petition filed under Article 32 of the Constitution, the petitioner would withdraw the same in view of the order passed today in the companion transfer petitions and special 3 leave petitions. Then a writ petition before the High Court of Delhi will be filed. Noting the above submission, the writ petition stands dismissed as withdrawn, with liberty as prayed.
Pending application(s), if any, shall stand disposed of.
..................J. (SANJIV KHANNA) ..................J. (SANJAY KUMAR) NEW DELHI;
JULY 23, 2024.
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ITEM NO.4 COURT NO.2 SECTION XI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
TRANSFER PETITION (CIVIL) NOS. 2154-2155 OF 2021 UNION OF INDIA ETC. ..... APPELLANT(S) VERSUS UDAY BEDI ETC. ..... RESPONDENT(S) (FOR ADMISSION and IA No.151486/2021-EX-PARTE STAY) WITH SLP(C) No. 13661/2021 (FOR ADMISSION and I.R. and IA No.110753/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) W.P.(C) No. 787/2020 (PIL-W) (IA No. 72183/2020 - EX-PARTE STAY, IA No. 73584/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 25020/2021 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 95977/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 82113/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 72184/2020
- EXEMPTION FROM FILING O.T., IA No. 82112/2020 - EXEMPTION FROM FILING O.T., IA No. 73586/2020 - EXEMPTION FROM PAYING COURT FEE, IA No. 50827/2020 – INTERVENTION/IMPLEADMENT, IA No. 48302/2020 – INTERVENTION/IMPLEADMENT, IA No. 80567/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES and IA No. 84973/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) SLP(C) No. 6722/2022 (XII) (FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 54659/2022) Date : 23-07-2024 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Ejaz Maqbool, AOR Mr. Shahid Nadeem, Adv. Mr. Mujahid Ahmed, Adv. Mr. Saif Zia, Adv.
Mr. Tushar Mehta, SG Mr. K.M. Nataraj, A.S.G. 5 Mr. Rajat Nair, Adv.
Mr. Kanu Agrawal, Adv. Mr. Sansriti Pathak, Adv. Mrs. Swati Ghildiyal, Adv. Mr. Mayank Pandey, Adv. Mr. Amrish Kumar, AOR For Respondent(s) Mr. Arvind Datar, Sr. Adv. Ms. Nisha Bhambhani, Adv. Mr. Rajat Arora, AOR Mr. Rahul Unnikrishnan, Adv. Ms. Mariya Shahab, Adv.
Mr. Amit Sibal, Sr. Adv. Ms. Ruby Singh Ahuja, Adv. Mr. Siddharth Chopra, Adv. Mr. Nitin Sharma, Adv. Ms. Swikriti Singhania, Adv. Ms. Kritika Sachdeva, Adv. Ms. Akanksha Thapa, Adv. Ms. Srishti Kumar, Adv. Mr. Vivek Ayyagari, Adv. Ms. Astha Sehgal, Adv. M/s. Karanjawala & Co., AOR Mr. Tushar Mehta, SG Mr. K.M. Nataraj, A.S.G. Mr. Kanu Agrawal, Adv. Mr. Rajat Nair, Adv.
Mr. Mayank Pandey, Adv. Mr. Sanjay Kumar Tyagi, Adv. Mr. Varun Chugh, Adv. Mrs. Swati Ghildiyal, Adv. Mrs. Rooh-e-hina Dua, Adv. Mr. Shailesh Madiyal, Adv. Mr. Amrish Kumar, AOR Mr. Anshuman Ashok, AOR Ms. Nimisha Swarup, Adv.
UPON hearing the counsel the Court made the following O R D E R The transfer petitions are allowed in terms of the signed order.
The special leave petitions stand disposed of in terms of the signed order.
The writ petition is dismissed as withdrawn, in terms of the 6 signed order.
Pending application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file) 7