HC issues notice to Centre on DTH ban

The Counsel for petitioner News Television (India), Kapil Sibal, contended that the ban imposed on the use of DTH equipment to receive frequency over and above 480 mhz was violative of the fundamental right to information as enshrined in the Constitution. Referring to the comprehensive broadcasting bill that the government was planning to place before the Parliament, Sibal said the Union Government could not enact a regulation of the use of DTH equipment in anticipation that its use might jeopardise the security of the country.

However, Additional Solicitor General A M Singhvi contended that Indian Telegraph Act, 1885, confers an exclusive rights on the Union Government in relation to matters of telecast and cited a Supreme Court judgement in its support.

Singhvi contended that none of the petitioners was genuinely interested in the case, as it was “a proxy litigation by a person who is not a citizen of India”. It may be recalled that Star Tv was trying to market DTH equipments in India. Singhvi said, “Foreigners could not invoke the fundamental rights available for the Indian citizens and Star Tv network cannot invoke the same.”

Counsel for petitioner Satish Thapar, Arun Jaitley, submitted before the bench that even under the Indian Telegaraph Act, 1884, which as per government conferred exclusive rights on telecast, there was a provision for grant of licence to private parties.