Kerala High Court
M. Santhosh Kumar vs Union Of India on 26 August, 2021
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
W.P.(C).No.34925 of 2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
WP(C) NO. 34925 OF 2018
PETITIONERS:
M. SANTHOSH KUMAR,
AGED 47 YEARS
MUTHUKULATH HOUSE, KOOMBANPARA P.O., MANKADAVU,
IDUKKI 685 561.
BY ADVS.
SANDEEP GOPALAKRISHNAN
SMT.JINNU SARA GEORGE
SMT.MITHA SUDHINDRAN
SRI.ANAND VIMAL
Shri. ZAFAR ANTONIO
SMT.BHAGIRATHY PILLAI
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY, MINISTRY OF
INFORMATION AND BROADCASTING, ROOM NO.552, A
WING, SHASTRI BHAWAN,
NEW DELHI- 110 001.
2 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001, KERALA.
3 THE DISTRICT COLLECTOR,
DISTRICT COLLECTORATE, CIVIL STATION PAINAV,
IDUKKI, KERALA-685603.
4 SUB DIVISIONAL MAGISTRATE,
DISTRICT COLLECTORATE, CIVIL STATION, PAINAV,
IDUKKI, KERALA-685603.
W.P.(C). No.34925 of 2018 :2:
5 COMMISSIONER OF POLICE,
DISTRICT POLICE OFFICE, PAINAV, IDUKKI, KERALA-
685603.
6 IDUKKI VISION,
I-VISION DIGITAL LLP, BUILDING NO.XI/1388,KP-1-
1234-D7, 3RD FLOOR, 5TH BLOCK, COMMERCIAL
COMPLEX, KATTAPPANA, IDUKKI-
685508.
BY ADVS.
SRI.JAISHANKAR V.NAIR, CGC FOR R1
SRI.TEK CHAND SENIOR GOVERNMENT PLEADER FOR R2 TO
R5
SRI.S.SANTHOSH KUMAR FOR R6
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C). No.34925 of 2018 :3:
JUDGMENT
Dated this the 26th day of August, 2021 S. MANIKUMAR,CJ.
Instant Public Interest writ petition is filed for the following reliefs:
1. To direct the Respondents 3 and 5 to immediately seize the equipment used by the Respondent No.6 for uplinking and downlinking of the illegal channels, under the power imbibed in Section 11 of the Cable Television Networks (Regulation) Act 1995 and Rules made thereunder.
2. To direct the Respondents 3 and 5 to initiate proceedings under Sections 16, 17 and 19 of the Cable Television Networks (Regulation) Act 1995 against Respondent No.6 for the offence of uplinking and downlinking of the unregistered channels, in violation of the Act.
3. To direct Respondent No.1 to prohibit the operation of Respondent No.6, under Section 20 for the offence of uplinking and downlinking of the unregistered channels, in violation of the Act.
4. To direct the Respondents 1-5 to take appropriate action to prevent the violation of the provisions of the Cable Television Networks (Regulation) Act 1995.
2. Petitioner, a cable T.V. Subscriber, residing in Idukki District, is aggrieved by the actions and omissions of the respondents, which resulted in W.P.(C). No.34925 of 2018 :4: airing of unregulated content on Cable Television, in violation of the Cable Television Networks (Regulation) Act, 1995, posing serious threat of exposure to extensive anti-social and radical influences.
3. Challenge in the instant writ petition is against the airing of satellite channels, which are prohibited by the Ministry of Information and Broadcasting for downlinking into the country, in contravention with the provisions of the Cable Television Networks (Regulation) Act, 1995 and the Cable Television Networks Rule, 1994. According to the petitioner, such action is illegal and if allowed to continue, may cause irreparable injury on account of the radical nature of some of the programs aired illegally.
4. Petitioner is particularly aggrieved by the failure of the authorised Officers and the Central and State Executive to take appropriate action against such illegal acts. It is the submission of the petitioner that unless directions are issued from this Court to the respondent authorities to implement the provisions of the Act, the statute will be rendered hollow and futile. Hence, the instant writ petition is filed.
5. Idukki Vision, I-Vision Digital LLP, Kattappana, Idukki District, respondent No.6, has filed a detailed counter affidavit stating that airing W.P.(C). No.34925 of 2018 :5: of channels, the subject matter of writ petition, has been discontinued in the year 2018 itself. For brevity paragraph 9 of the counter affidavit is extracted hereunder:
"9. In the last week of June, 2018, the 3 rd respondent, District Collector directed stoppage of channels which are not registered with Ministry of Information and Broadcasting and directed this respondent to telecast only channels shown as registered in the website of the Ministry. On getting such direction over phone from the office of the 3rd respondent, the 6th respondent has stopped the airing of channels which are not listed in the website of the Ministry of Information and Broadcasting. This respondent submits that they have discontinued telecasting of all the channels mentioned in paragraph 5 of the writ petition from the last week of June, 2018 and is telecasting only channels registered with the Ministry."
6. So also respondent No.1, Union of India, represented by the Secretary, Ministry of Information & Broadcasting, New Delhi, has filed a statement with a supporting document viz., Annexure R1(a), substantially confirming the submissions made by respondent No.6, and that the same is reproduced hereunder:
W.P.(C). No.34925 of 2018 :6:
No. N-4501073/2019-DAS Government of India Ministry of Information and Broadcasting R.No. 116, 'A' Wing, Shastri Bhawan, New Delhi Dated: 27th February, 2019 To The District Collector & District Magistrate Civil Station Idukki, Kuyilimala, Painavu Idukki-685561 Subject: WPC 34925 of 2018 filed by M Santhosh Kumar V/s Uol and ors. in the High Court of Kerala-reg Sir, The Ministry has received a court case WPC No. 34925 of 2018 filed by Sh. M Santhosh Kumar in the High Court of Kerala regarding transmission of unpermitted satellite TV channels such as Saudi Quran, Al Arabia etc. in contravention of the provisions of the Cable Television Networks (Regulation) Act, 1995 and the Cable Television Networks Rules, 1994.
2. As per the Section 5 of the Cable Television Networks (Regulation) Act 1995, no person shall transmit or re-transmit through a cable service any programme unless such programme is in conformity with the programme code. Sub Rule 6(6) of the Cable TV Rules, 1994 stipulates that no cable operator shall carry or include in his cable service any television broadcast or channel which has not been registered by the Central Government for being viewed within the territory of India.W.P.(C). No.34925 of 2018 :7:
3. As per Section 2 of the Cable TV Act, 1995, District Magistrate/Additional District Magistrate / Sub-Divisional Magistratel Commissioner of Police are the authorized officers who have powers (under Sec 11 of CTN Act, 1995) to seize the equipment used for operating Cable TV Network if the cable operators violate provisions of the Cable Act.
4. Ministry had issued an Advisory on 08.07.2016 (copy enclosed) to all MSOS/LCOs asking them not to transmit signals of un-authorized satellite TV Channels on their cable network failing which necessary action will be taken against them as per the provisions of the Cable Act/Rules. Also, all the DMs/Collectors across the country, being Authorized Officers , were requested to ensure that no unauthorised TV Channels are transmitted in their respective District by any cable operator in violation of Programme Code and provisions of Cable TV Act/Rules and necessary action may be taken by them against the defaulters to stop transmission of such unauthorised channels.
6. It is therefore, requested to ensure that no unpermitted TV channels, are transmitted in your District by any cable operator. A report in this regard may kindly be sent to this Ministry at the earliest.
Sd/-
(SHANKER LAL) Deputy Secretary to the Government of India Copy to : 1. The Chief Secretary, Kerala Chief , Minister's Office 3rd Floor, North Block, Secretariat, Thiruvananthapuram ([email protected] )"
W.P.(C). No.34925 of 2018 :8:
As much as the reliefs sought for, have been addressed as early as in the year 2018 itself as stated supra, and orders issued in 2019, nothing survives in the writ petition for further adjudication. Accordingly, the instant writ petition is dismissed.
Sd/-
S. MANIKUMAR, CHIEF JUSTICE.
Sd/-
SHAJI P. CHALY,
smv JUDGE.
W.P.(C). No.34925 of 2018 :9:
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LIST OF CHANNELS
PERMITTED BY THE MINISTRY OF INFORMATION
AND BROADCASTING NUMBERING 862 AS ON
31.8.2018
EXHIBIT P2 LIST OF CHANNELS AIRED BY IDUKKI VISION
EXHIBIT P3 TRUE COPIES OF THE SCREENSHOT PICTURES
OF THE AIRING OF PROHIBITED CHANNELS BY
IDUKKI VISION
EXHIBIT P4 THE ADVISORY DATED 29.5.2006, SENT BY
THE BROADCASTING WING OF THE MINISTRY OF
INFORMATION AND BROADCASTING
EXHIBIT P5 THE ADVISORY NO.9/213/2016-DAS DATED
8.7.2016, SENT BY THE BROADCASTING WING
OF THE MINISTRY OF INFORMATION AND
BROADCASTING
EXHIBIT P6 TRUE COPIES OF THE ACKNOWLEDGEMENT CARD
OF REPRESENTATIONS FILED TO AUTHORITIES
EXHIBIT P7 TRUE COPY OF THE COMPLAINT FILED TO
RESPONDENT 3
RESPONDENTS'
ANNEXURES
ANENXURE R1(a) MINISTRY OF INFORMATION AND BROADCASTING
COMMUNICATION DATED 27.2.2019.