Final hearing on Thackeray Jr’s plea on SMS ceiling on Feb 27

Meanwhile,the Telecom Regulatory Authority of India (TRAI has filed its reply before the tribunal and said that decision to cap the number of SMSes was taken in public interest.

It further submitted that regulator also grants specific exemption from time to time to specific customers,based on their requirements.Earlier in this matter,TDSAT had issued notice to TRAI directing it to file reply within two weeks and listed the matter for today.

Aditya,the son of Uddhav Thackeray,has submitted that the restriction on SMSes was just a “non-application of mind” by TRAI and the circular fixing ceiling “has not explained why and how the figure of 100/200 SMS(s) per day was arrived at”.

He further submitted that no consultation process was adopted by TRAI before incorporating the clause in this regard in the Telecom Commercial Communications Customer Preference (8th Amendment) Regulation,2011. He said the objective of the regulations is to curb the menace of unsolicited commercial messages and if any such restrictions is to be put,then it should be on the persons sending such messages and not on the ordinary people.

“By imposing a blanket ban on more than 200 SMSes,TRAI has far exceeded the object sought to be achieved and that makes regulations arbitrary,unreasonable,highly disproportionate and unsustainable in law,” said Aditya in the petition. Trai had permitted sending only 100 SMSes per day per SIM except on blackout days or days specially notified by it.

However,on November 1,2011 it increased the numbers to 200 per day. Seeking personal exemption,Aditya said that he “as President of Yuvasena,keeps in touch with his followers and general public through SMS. Every day there are people who wait for his SMS giving them thought of the day. The restriction is therefore,not only on his right to dissipate his views but also a curtailment of right of his followers/associates to receive information”.