In a significant ruling, the Karnataka High Court has restrained Power TV and other private respondents from continuing any broadcast activities until further orders. The interim order was passed by Justice S.R. Krishna Kumar on June 25, 2024 in two connected writ petitions – WP 10553/2024 and WP 10639/2024.
Background:
The petitioners, including H.M. Ramesh Gowda, had approached the court alleging they were victims of certain broadcasts made by Power TV, operated by Power Smart Media Pvt Ltd (respondent no. 3). They contended that the channel did not have valid permission from the Ministry of Information and Broadcasting to operate.
Key Legal Issues:
1. Whether Power TV had valid and subsisting license/permission from the government to operate a TV channel
2. Scope of the court’s powers to restrain broadcasting pending government inquiry
Arguments:
Senior advocates Prabhuling K. Navadgi and Sandesh J. Chouta, appearing for the petitioners, relied on a communication dated February 6, 2024 from the central government indicating Power Smart Media Ltd was not a permitted company.
The Deputy Solicitor General, representing the Union of India, informed the court that a show cause notice dated February 9, 2024 had been issued to the channel initiating proceedings.
Counsel for Power TV claimed they had obtained necessary renewals, but failed to produce conclusive evidence of a valid, subsisting approval.
Court’s Observations and Decision:
Justice Krishna Kumar noted that the private respondents had not produced any material to establish their approval/license/permission was valid and subsisting.
The court observed: “Under these circumstances, in the light of the undisputed fact that the proceedings have been initiated by the Union of India pursuant to the final show-cause notice dated 09.02.2024, it would be just and appropriate to direct respondent No.3/ respondent No.5 and other private respondents not to continue with any broadcast and restrain all the private respondents from carrying on any broadcast activity till the next date of hearing.”
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The court directed Power TV and other private respondents to stop all broadcasting activities until the next hearing. The case has been listed for further consideration on July 9, 2024.
