
A division bench of the Kerala High Court on Monday upheld the Trai notification and BSNL circular revising basic telecom tariffs which came into effect from May 1, and held the new tariff was neither excessive nor exorbitant.
Dismissing two public interest litigations challenging the Trai notification and the BSNL circular, the bench, consisting of Chief Justice J. L. Gupta and Justice A. K. Basheer, held enhancement of tariff was justified by provision of extra facility and tariff was not excessive or exorbitant. The bench observed the Trai consisted of experts in different fields like accounts, finance, industry, law, management and telecommunication. After considering suggestions from various quarters and holding open discussions, Tariff Order 2003 had been issued. On consideration of the matter, Trai had taken the view it was not proper to make the receiver of a call pay any expenses.
The bench held it was purely a matter of policy and nobody had the right to claim free calls. Justifying the act of authorities in reducing the number of free calls, the bench held it did not violate any rule or law.
The Union Government had initially accepted the Trai recommendations. Later, it had been modified. Even that was approved by Trai on May 13, 2003, the court held.