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W.P.(C). 7574/2014
NISHAD SHARMA ………. Petitioner
Through: Ms. Sumeet Kaur, Advocate.
Through: Mr. Sanjay Jain ASG with Mr.Jasmeet Singh, CGSC and
Ms.Ruchi Jain, Advocates for UOI.
Mr.Sanket Singh, Advocate with Ms.Sangeeta Singh, Advocate for R2.
HON’BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
18.07.2016
ORDER
1. The present writ petition by way of Public Interest Litigation has been filed seeking a writ of mandamus against the respondents to restrain the broadcasting of the banned Pakistani channels as named in the petition and also to cancel the licenses in respect of all such channels.
2. The brief facts of the present writ petition are that the petitioner subscribed for (DTH) broadcasting services from a dish operator on 20.07.2014. The petitioner while viewing the channels realized that there were few channels provided by Dish TV which caused threat to the country and have been banned in the past by the Government for enticing religious tensions and breaking the national harmony of the country. 2016:DHC:5009-DB W.P.(C) No.7574/2014
3. It is pleaded that though the petitioner made representations to the Respondents No.1, 2 and 3 requesting to take immediate action and to restrain the Dish TV operator from broadcasting the banned channels, no action is taken till date.
4. Pursuant to the notice ordered by us, counter affidavit has been filed by the Under Secretary, Ministry of Information and Broadcasting stating that on the basis of the legal notice dated 29.09.2014 got issued by the Petitioner, a notice was issued to Dish TV calling upon to explain the allegations and the Dish TV has also responded by its letter dated 18.11.2014.
5. The learned standing counsel for the Union of India states that appropriate decision would be taken in accordance with law.
6. Accordingly, we dispose of the writ petition with a direction to the respondent No. 1 to consider the complaint of the petitioner about the broadcast of alleged illegal channels by Dish TV and take appropriate action following due process of law within three months from today if the allegations are found to be true. The action taken shall be communicated to the petitioner and in case the petitioner is still aggrieved, he is at liberty to file a fresh writ petition.
CHIEF JUSTICE SANGITA DHINGRA SEHGAL, J JULY 18, 2016