Madras high court delivers split verdict on Trai tariff for broadcasters

Chennai: The Madras high court on Friday delivered a split verdict on a batch of petitions, which challenged the constitutional validity of certain clauses in the Regulations and a tariff order introduced by Telecom Regulatory Authority of India for fixing tariff and for regulating the industry of private satellite channels.

Passing orders on a batch of petitions from STAR India private limited and Vijay Television private limited and others, Chief Justice Indira Banerjee declined to strike down certain clauses of Tariff Order, 2017 while Justice M. Sundar struck down certain clauses of the same.

In her order, Chief Justice Indira Banerjee said it is not for this court exercising its extraordinary jurisdiction under Article 226 of the Constitution to decide whether price fixation under the impugned tariff order and/or impugned regulations is commensurate with the cost incurred by the broadcasters. The powers have been exercised within the jurisdiction.

“I am unable to agree with the conclusion of Justice M. Sundar that the provisions of the impugned regulation and the impugned tariff order are not in conformity with the TRAI Act. In my view, the impugned provisions neither touch upon the content of the programmes of broadcasters nor liable to be struck down”, she added.

In his order, Justice M. Sundar said those of the impugned provisions in the said regulations and tariff order which touch upon the content of the programmes of broadcasters were liable to be struck down as not in conformity with the TRAI Act. Therefore, they were struck down as not in conformity with the TRAI Act. The bench said, “Since we have not been able to agree, the petitions may be placed before a third judge”.