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The Bombay High Court on Friday dismissed a public interest litigation (PIL) by a lawyer who filed a police complaint against BookMyShow and other promoters of the Coldplay concert in Navi Mumbai seeking action against alleged black marketing of tickets. The PIL sought a direction to the Centre and Maharashtra government to frame stringent guidelines to prevent black marketing of tickets for major events.
The bench said that the prayers made by the petitioner, advocate Amit Vyas, pertained to policy making and lies in the domain of executive and legislature. It permitted the petitioner to approach a competent authority of the state government with its grievances.
“We find no merit in the prayer sought by the petitioner. The issues raised in the petition primarily pertained to policy and legislation, which lie in the exclusive domain of legislature and executive. In absence of clear statutory framework mandating the reliefs prayed and it has been a legal position that courts cannot direct legislature to enact and amend laws in particular manner, we are unable to accede to petitioner’s prayer,” the bench held.
“However, in the event that the competent authority considers it necessary, they remain at liberty to take appropriate legislative or executive measures to address concerns highlighted by the petitioner,” it added.
Vyas, who failed to secure tickets for the Coldplay concert scheduled for January 18 and 19 had raised concerns over black marketing during the online sale of the tickets on September 22, 2024.
Vyas sought direction to create regulations to address illicit practices such as ticket scalping, touting and black marketing for major events.
While concluding the hearing on January 2, a bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar had suggested the petitioner approach the state with his grievances.
The PIL also sought the court’s direction to booking platforms such as BookMyShow and event promoters Live Nation Entertainment, Big Tree Entertainment, and Viagogo Entertainment, among others, to cooperate with expert and monitoring panels.
Senior advocate Janak Dwarkadas, representing Vyas had argued that as the state had imposed entertainment tax or duty on organisers of the event to be held at D Y Patil stadium, it is the authorities’ duty to ensure tickets are not sold in the black market and the public at large is not cheated.
“There has to be some form of protection of the public as people are left at mercy of private entities,” Dwarkadashad argued.
He had also urged the court to form a monitoring committee led by a former high court judge consisting of cyber experts to give recommendations to authorities to ensure effective implementation of security measures for the online ticketing system of major events.
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