The Bombay High Court has recently addressed a petition regarding alleged malpractices in the online ticket sales for the upcoming Coldplay concert in Navi Mumbai, stating that the issue falls under the legislative domain, thus the court cannot take direct action. The petition, filed by advocate Amit Vyas, raised significant concerns about black marketing, scalping, and revenue loss associated with ticket sales for high-profile events such as Coldplay’s ‘Music of the Spheres World Tour.’
Chief Justice D.K. Upadhyaya and Justice Amit Borkar presided over the case and acknowledged the importance of the issues raised by Vyas. However, they emphasized that any regulatory changes or legislative action needed to address these concerns must originate from the Maharashtra government or the appropriate legislative bodies.
The court’s judgment, detailed in a document released on Thursday, reiterates that while the petition underscores the urgent need for regulatory oversight in the burgeoning online ticketing market, it is ultimately the responsibility of the legislature and the executive to enact relevant policies or laws. The bench highlighted the petitioner’s grievances regarding unethical practices within the ticketing industry but reaffirmed that creating a statutory framework to tackle these issues is beyond judicial purview.
In dismissing the petition on January 10, the bench noted that intervening in legislative matters would breach the constitutional separation of powers, potentially undermining the balance between the state’s branches of government. The court further stated that without existing legal provisions to specifically regulate ticket scalping, touting, and black marketing, it cannot mandate the enactment of new laws.
Moreover, the High Court clarified that the practices of ticket scalping, hoarding, and resale by private entities do not, in themselves, constitute violations of fundamental rights as outlined in Articles 14, 15(2), 19, and 21 of the Constitution of India. This distinction underscores the complexity of regulating market behaviors that, while potentially unethical, are not expressly illegal under current statutory frameworks.
The petitioner, Vyas, had argued that significant irregularities emerged during the sale of tickets on the BookMyShow platform for Coldplay’s concerts scheduled for January 18, 19, and 21 at the DY Patil Stadium. His plea called for the court to establish stringent guidelines to prevent black marketing and other malpractices in online ticket sales for major events.
