Centre to move SC to bar Sun TV from FM auctions

NEW DELHI: Within hours of the Delhi High Court quashing an Information & Broadcasting ministry notification barring the Kalanithi Maran-owned Red FM from participating in Phase III FM auctions, the government had secured a legal opinion favouring filing of a special leave petition in the Supreme Court against the order.

In an opinion sent to I&B ministry on Sunday evening, additional solicitor general Tushar Mehta opined that the high court, while allowing Red FM to be part of the auctions, had not questioned the pendency of criminal charges against Sun TV promoters and their implications on national security and economic security as a ground for denying security clearance. Instead, it set aside the July 15 notification of the I&B ministry on the ground that the stakes of Dayanadhi Maran and Kalanithi Maran were less in the petitioner's company.

Mehta said the high court had apparently not accepted the government's arguments that even an indirect control of Maran family in the petitioner company was sufficient to deny security clearance.

Importantly, the high court turned down the petitioner's prayer for declaring the two clauses contained in the guidelines and "notice inviting tender" as unconstitutional and violative of Article 19(1)(a) of the Constitution since the petitioner participated in the tender proceedings with full knowledge of the said two requirements.

The petitioner's second prayer seeking a high court direction the home ministry to grant security clearance to it, was also declined.

According to the ASG, in view of the above facts and the stand taken in the pleadings before the high court, the government could consider filing a special leave petition against the said judgment. Even though the auction proceedings would be over by the time the SLP is filed, Mehta suggested that a prayer be made to make participation of petitioners in the e-auction subject to final outcome of the SLP and the e-auction proceedings could await finalisation till the Supreme Court decides legality of the high court order.