JAGRAN T.V. PVT. LTD. Vs. UNION OF INDIA & ANR.
LAWS(DLH)-2016-1-6
HIGH COURT OF DELHI
Decided on January 04,2016

Jagran T.V. Pvt. Ltd. Appellant
VERSUS
Union Of India And Anr. Respondents

JUDGEMENT

VIBHU BAKHRU, J. - (1.) The petitioner is an independent television production house and is engaged in the business of providing news items through electronic media to the general public. The petitioner has filed the present petition under Article 226 of the Constitution of India, inter alia, impugning an order dated 03rd January, 2008 whereby the petitioner was directed to comply with the following directions: "They shall not telecast/re -telecast the above mentioned news items titled 'Shaitan Doctor' in their Channel henceforth. They are directed to run the following scroll on their television channel [in legible large font and at normal speed without any interruption of "Breaking News" etc.] round the clock for a period of three days w.e.f. 12:00 Noon on 05.01.2008 to 12:00 Noon in 08.01.2008. "IBN 7 CHANNEL HAS BEEN WARNED BY THE MINISTRY OF' INFORMATION AND BROADCASTING FOR VIOLATION OF PROGRAMME CODE BY TELECAST OF NEWS ITEM TITLED 'SHAITAN DOCTOR' IN RESPECT OF DR. AJAI AGARWAL OF GHAZIABAD. IBN 7 CHANNEL APOLOGISES FOR THE SAID VIOLATION AND ASSURES TO BE MORE CAREFULL IN THE FUTURE."
(2.) The petitioner has also impugned other orders dated 11 th January, 2008, 07th February, 2008 and 02nd May, 2008 whereby its representations made against the aforementioned order dated 03rd January, 2008 were rejected.
(3.) The controversy involved in the present petition relates to a program broadcast by the petitioner titled "Shaitan Doctor". The said program was, inter alia, based on a sting operation which showed doctors taking money to amputate limbs of healthy individuals so that they could beg for alms. The program also showed that Respondent No.2 - who was an orthopedic surgeon and at the material time posted as CMO, District Hospital, Gautam Budh Nagar - involved in the illegal activity. The aforesaid programme was aired on 29th July, 2006.;


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