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3. The said appeal (LPA No.1327/2007) is directed against a learned single Judge‟s judgment dated 05.11.2007 in WP(C) 7655/2007. The writ petition had been filed by the appellant Nos. 1 and 2, namely, BCCI and Nimbus. By virtue of the impugned judgment dated 05.11.2007, the said writ petition was dismissed. In that writ petition, BCCI and Nimbus had sought a direction to be issued to respondent Nos. 1 & 2 (Prasar Bharati Broadcasting Corporation and Union of India) to encrypt Doordarshan‟s Satellite Transportation Feed of live broadcasting signals of cricket matches organized by BCCI to the Doordarshan Kendras and transmission towers throughout India for subsequent broadcasts on Doordarshan‟s terrestrial networks. A declaratory writ was also sought for declaring that no person other than Prasar Bharati had the right to transmit, relay or offer for exhibition, the live broadcasting signals of sports events shown by Prasar Bharati under the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007 (hereinafter referred to as „the Sports Act‟). A declaration was also sought that no cable television network, Direct-to- Home (DTH) Network, multi-system network or local cable operator could broadcast such sports events without a licence from the content owners. Finally, a direction was also sought against the respondent No.1 for notifying that the Doordarshan signals relayed live in respect of the sports event, including cricket matches notified under the Sports Act, should be carried on cable television networks, DTH Broadcasting networks, Multi- System Cable Networks, etc. pursuant to Section 8 of the Cable Television Networks (Regulation) Act 1995 (hereinafter referred to as „the CTN Act‟).

48. Finally, it was submitted that the object and purpose of Section 3 of the Sports Act was to make available the telecast of the sporting events of national importance to such subscribers who had no access to such events. These were those subscribers, who had no cable or DTH connection and only had a Doordarshan‟s terrestrial or DTH connection which was free in the hands of the subscribers. By carrying the shared signals on channels, which are compulsorily carried on private cables and DTH platforms, Prasar Bharati is making available the shared signals on platforms where they are already available and is thereby offering the content to subscribers in direct competition to the broadcaster, who is the owner of that content. It was submitted that Section 3 of the Sports Act is not about creating of a competing entity but about availability of live broadcast signals to those subscribers, who had no access. It was, therefore, contended that the live broadcast signals, which were mandatorily to be shared under Section 3 of the Sports Act ought not to be permitted to be carried by cable operators.

52. The learned counsel appearing on behalf of the ESPN / STAR and BCCI are, in our view, correct in submitting that Section 3 is an expropriatory provision and that the same has to be construed strictly and in such a manner that it places the least burden on the expropriated owner. If one were to interpret Section 3 in this manner, it would be evident that the object of simultaneous sharing of the live broadcasting signal with Prasar Bharati is only to enable them (Prasar Bharati) to re-transmit the same on its terrestrial networks and DTH networks. Strictly speaking, these networks have to be those of Prasar Bharati and not of private players, such as the cable network operators. Section 2(1) of the Sports Act does give an indication, when it defines "terrestrial television service" that a terrestrial network carries signals over the air using land based transmitters which are directly received through receiver sets by the public. It is obvious that the expression "terrestrial networks" used in Section 3 of the Sports Act must be read in this context. It does not involve the carrying of the signals through a cable network. In the same fashion, the meaning of DTH networks can be discerned from the definition given to "DTH broadcasting service" in Section 2(j) of the Sports Act. Read in this manner, DTH networks would entail multi-channel distribution of programmes directly to the subscribers‟ premises without passing through an intermediary, such as a cable operator by uplinking to a satellite. In other words, DTH network also does not entail the signals passing through a cable operator. Thus, in either eventuality, that is, in the case of a terrestrial network or a DTH network, the intervention of a cable operator is specifically ruled out.

56. To be clear, the following diagram gives the manner in which the whole system operates:-

BCCI Rights ESPN / STAR [„Limited‟ encrypted] SATELLITE e e Own Channels Shared With ESPN Star Star Star Star Cricket ESPN Sports Cricket Sports 2 HD HD DD un-e SATELLITE DTH Cable Operators DD Kendras un-e (Terrestrial Networks) Homes Homes Homes