- (1.) With the advent of modern age, the entertainment sector also grew: it is said to be the fastest growing sector. The cable operators are part of this sector. They show different channels. In order to do it, the cable operators have to register themselves as cable operators under the Cable Television Networks (Regulation) Act, 1995 (the 1995 Act).
(2.) It appears that the cable operators apart from showing the channels also started showing video films, local news, and interviews etc. This is prohibited under the Uttar Pradesh Cinemas (Regulation) Act, 1955 (the Act) unless a licence is obtained under the said Act. It was also so observed in the judgment in W.P. No. 5691 (M/B) of 2000, Chandra Bhan Gupta v. State of U. P. and Ors., 2000 2 AWC 1747 (the Chandra case) decided on 21.11.2000.
(3.) In pursuance of the observations in the Chandra case, the Commissioner, Entertainment issued a circular dated 30.4.2004 (the Circular) asking the District Magistrate to stop the exhibition of such video unless licence is also obtained under the Act. In pursuance of the circular, the District Magistrates have also issued an order restraining the cable operators from showing such video unless requisite licence is obtained under the Act. Hence the present writ petition.;