1-week ban on Care World TV channel illegal: Bombay High Court

The lawyer representing the channel pointed out that the order recorded that the competent authority had decided to impose the penalty.

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“Apart from larger issue of the power of the Government of India of prohibiting telecast of TV Channel, according to us, prima facie, the order is completely illegal,” said Justice A S Oka.

CALLING THE order of the Union government to prohibit transmission or retransmission of Care World TV channel for a period of one week “completely illegal”, and a breach of elementary principles of natural justice, the Bombay High Court has granted interim relief to the channel, stating that till disposal of the matter no steps will be taken to implement the ban order.

The court held that the wider issue of power of the Union government to pass such a drastic order will have to be looked into. “Apart from larger issue of the power of the Government of India prohibiting telecast of a TV channel, according to us, prima facie, the order is completely illegal,” said Justice A S Oka.

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The directions came recently while a bench of Justices A S Oka and Anuja Prabhudessai was hearing a plea filed by Seven Star Satellite Private Ltd that runs the Care World TV channel. The channel had challenged the November 2 order of the Information and Broadcasting Ministry that directed it to go completely off air between November 9 and 16. The order had said that its Inter-ministerial Committee found that the channel had violated the programme code prescribed by the Cable Television Networks (Regulation) Act by showing “adult content”.

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“Apart from larger issue of the power of the Government of India of prohibiting telecast of TV Channel, according to us, prima facie, the order is completely illegal,” said Justice A S Oka. The hearing after the issuance of showcause notice was given by the inter-ministerial committee but the order was signed by the director of the I&B ministry.

The lawyer representing the channel pointed out that the order recorded that the competent authority had decided to impose the penalty. The show-cause notice dated June 26, 2015, however, was issued by the director while only the ministry had power to pass such an order. He added that the show was taken off air as soon as the ban order was received on November 4.

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