CAS implementation: Centre to challenge Delhi HC verdict

Faced with a stiff four-week deadline on Conditional Access System implementation, the Centre has decided to challenge the Delhi HC order.

Faced with a stiff four-week deadline on Conditional Access System implementation, the Centre has decided to challenge the Delhi HC order. An appeal against the order would be filed in the next couple of days. Government sources said the decision was taken after the Centre sought the Attorney General8217;s opinion.

8216;8216;The order was given by a single judge, so the ministry has decided to contest this by filing an appeal in a two-judge bench in the HC,8217;8217; a senior I038;B Ministry official said.

The March 10 HC directive to implement CAS in Delhi, Mumbai and Kolkata in four weeks8217; time was received with much scepticism in the Ministry. The HC criticised the Centre for not implementing the CAS regime in the three metros. The HC also imposed a fine of Rs 1 lakh as costs on the government for 8216;8216;unfairly compelling the petitioners to approach this court8217;8217;, saying that 8216;8216;no valid or even debatable defence whatsoever has been raised8217;8217;.

The Ministry sources said that the government was initially considering an appeal to be filed to the Supreme Court. 8216;8216;The court has passed its judgement, without realising the practical difficulties. This needed to be reviewed,8217;8217; the sources said. However, after taking the AG8217;s opinion, the Ministry decided to approach the HC8217;s division bench.

Justice Vikramjit Sen of the HC had passed the judgment on a petition by Hathway Cable Datacom Private Limited and others, where the petitioners had sought a direction to the Centre to implement CAS or pay damages to them on the ground that they had invested several crores of rupees for the infrastructure to implement it. The Centre had in 2003 directed implementation of CAS in four metros.

Additional Solicitor-General P P Malhotra had last year assured the Court that the Centre would soon take a decision in the matter. However, on January 4, 2006, he hd informed the Court that the Centre still required one month to finalise the matter. Till date, the requisite action had not been taken, the judgement had stated. The government had notified implementation of CAS with effect from September 1, 2003, after making an amendment to the Cable Television Networks Regulation Act, 1995.

The sources said,8216;8216;The notification had sparked a controversy with many TV watchers protesting, questioning the need to impose an unnecessary system that would entail a huge expenditure on their part. The entire rationale on whether the Centre or the Court can dictate technological choices needs to be looked into.8217;8217;