TDSAT allows I&B ministry to proceed against radio channel
The radio channel had approached the tribunal against a show cause notice issued by the ministry on September 29.
By PTI |
NEW DELHI: Broadcast tribunal TDSAT on Monday allowed Ministry of Information and Broadcasting to go ahead with its scheduled proceedings against an FM radio channel for an allegedly derogatory remark made by a presenter against Indian Idol winner Prashant Tamang.
"It is ordered that the respondent (I&B Ministry) will be free to proceed with the show cause notice and take whatever decision it feels proper or necessary in the facts and circumstances of the case," TDSAT chairman Justice Arun Kumar said while hearing a plea by the radio channel.
The Telecom Disputes Settlement and Appellate Tribunal also held that any order or direction passed by the Ministry would not be implemented till October 4, the next date of hearing. The tribunal also issued a notice to the ministry, which was received by its counsel Vineet Malhotra.
The radio channel had approached the tribunal against a show cause notice issued by the ministry on September 29.
The ministry issued the notice after a radio jockey made some remarks against the Gurkha community while referring to Tamang who won the Indian Idol contest on a television channel. The ministry had given the channel time till today to give an explanation on the remarks, which it said violated the programme code of All India Radio.
The remarks sparked violence in Darjeeling, Siliguri and Kalimpong last week, prompting authorities to clamp curfew.
During the proceedings, the channel's counsel Mukul Rohtagi alleged that in the notice, government acted without giving any opportunity to present its case.
He also contended that in the licence agreement, there was no provision that permitted the government to take action against the channel without a sufficient notice.
"It is ordered that the respondent (I&B Ministry) will be free to proceed with the show cause notice and take whatever decision it feels proper or necessary in the facts and circumstances of the case," TDSAT chairman Justice Arun Kumar said while hearing a plea by the radio channel.
The Telecom Disputes Settlement and Appellate Tribunal also held that any order or direction passed by the Ministry would not be implemented till October 4, the next date of hearing. The tribunal also issued a notice to the ministry, which was received by its counsel Vineet Malhotra.
The radio channel had approached the tribunal against a show cause notice issued by the ministry on September 29.
The ministry issued the notice after a radio jockey made some remarks against the Gurkha community while referring to Tamang who won the Indian Idol contest on a television channel. The ministry had given the channel time till today to give an explanation on the remarks, which it said violated the programme code of All India Radio.
The remarks sparked violence in Darjeeling, Siliguri and Kalimpong last week, prompting authorities to clamp curfew.
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During the proceedings, the channel's counsel Mukul Rohtagi alleged that in the notice, government acted without giving any opportunity to present its case.
He also contended that in the licence agreement, there was no provision that permitted the government to take action against the channel without a sufficient notice.
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