KANSAN NEWS PRIVATE LIMITED Vs. UNION OF INDIA
LAWS(P&H)-2011-2-163
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 08,2011

Kansan News Private Limited Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

SURYA KANT, J. - (1.) THE petitioner-Company seeks a mandamus to direct respondent Nos. 3 to 5 to provide un-interpreted signals and re-connect the audio and video signals to their full strength and clarity. The petitioner also seeks a direction for investigation by the Central Bureau of Investigation into various issues raised in this petition, besides quashing the public notice (Annexure P-19) whereby respondent No. 4 has decided not to re-transmit the channel "DAY and NIGHT NEWS" w.e.f. the date of expiry of notice period.
(2.) THE petitioner is a Media Company who had been granted licence on 19.3.2009 by the Ministry of Information and Broadcasting, Government of India to uplink its news and current affairs T.V. Channel by the name of 'Day and Night' and to telecast related programs on the same. The 'Day and Night T.V. Channel' is stated to be the first satellite regional TV at Chandigarh telecasting programmes in three languages with 24 hours x 7 days service to viewer public. The petitioner has for the purpose of telecasting its programmes, entered into three agreements dated 1.8.2010 (Annexures P-1, P-2 and P-2A, respectively) with respondent Nos. 3 to 5 who are Multi System Operators within the meaning of Regulation 2 (m) of the Telecommunication (Broadcasting and Cable Services) Inter-connection Regulations, 2004 (for short '2004 Regulations'). It is averred that after the smooth telecast of the petitioner's programs for a short duration, respondent Nos. 3 to 5 started interfering with the airwaves causing repeated interruption in the transmission of signals for the reasons other than the technical snags, the details whereof are given in paragraph 3 (vi) of the petition. The petitioner is said to have protested against the undeclared censorship but having failed to extract any response, served the respondents with a legal notice dated 17.1.2011 (Annexure P-18) which was duly responded denying the petitioner's allegations. The acrimonious relationship between the parties has finally culminated into the issuance of impugned public notice (Annexure P-19) whereby respondent Nos. 3 to 5 have invoked Clause 8 (d) of the agreement(s) dated 1.8.2010 and have decided to discontinue the retransmission of the signals of the petitioner's channel from their network w.e.f. 20.2.2011.
(3.) THE aggrieved petitioner has approached this Court.;


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