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Supreme Court Extends Interim Stay on Karnataka High Court Order Against Power TV

The court has also asked the central government to provide information on the number of television channels that had their operations terminated in the past three years due to non-renewal of their broadcasting licenses.
The Supreme Court of India building. Photo: Wikimedia Commons
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New Delhi: The Supreme Court on Monday (July 15) extended the interim stay on the Karnataka high court order restraining the Kannada news channel ‘Power TV’ from broadcasting until Monday. The court has also asked the central government to provide information on the number of television channels that had their operations terminated in the past three years due to non-renewal of their broadcasting licenses, Live Law reported.

A bench comprising Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra was hearing a petition filed by M/s Power Smart Media Private Limited, which operates Power TV. The petitioner sought to overturn a decision by the Karnataka high court’s division bench, which had upheld a stay order issued by a single bench, effectively halting the channel’s broadcast.

The Kannada news channel was broadcasting allegations of sexual harassment against Janata Dal (Secular) leaders Prajwal Revanna and Suraj Revanna when the high court issued a restraining order, prompted by a show cause notice from the Union government. The notice was issued due to the channel’s failure to renew its broadcasting license, leading to the high court’s order to halt the channel’s operations.

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During the hearing, Chief Justice Chandrachud asked additional solicitor general Vikramjit Banerjee to produce data on how many channels that failed to renew their application in the last three years were ordered to shut down operations by the Centre as in the present instance, the report mentioned.

The CJI also questioned whether existing stations that apply for renewal of licenses are permitted to operate pending the disposal of their application. As per the report, Chief Justice Chandrachud asked:

“How many other stations who have applied for licences have been directed to shut down in the meantime? Mr Banerjee you tell us if an existing station which applies for a renewal of a license, how many such cases they ask them to shut down pending the renewal?”

“What was the position in the last three years? Produce data before us, (1) which were the channels which applied for renewal of permission? and (2) whether they were permitted to operate pending the disposal of their application”

The ASG agreed to provide the details but emphasised that despite a detailed show cause notice, the petitioners have not turned up to provide justification for the alleged lapses on their part.

The Supreme Court had earlier stayed the order of the Karnataka high court, observing that the case against the TV channel appeared to be “sheer political vendetta.” The court had orally observed that the idea was to completely blank out the channel’s voice, and the court was duty-bound to allow it to protect the freedom of speech and expression.

“The more we hear you, the more we are convinced that it is Political Vendetta, let me be very honest. That is why we are inclined to protect the freedom of speech and expression. He (Petitioner) wanted to broadcast some allegations regarding the sex scandal in the State. The idea was to completely blank out his voice, this Court is duty-bound to allow him…this is sheer political vendetta and nothing else. Therefore this court will be failing in its duty if we don’t do that(protect the rights),” Chief Justice Chandrachud was quoted as saying by Live Law.

The Supreme Court bench has scheduled a detailed hearing on the case for Monday.

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