The Hindu : Kerala HC stays implementation of revised phone tariff

Online edition of India's National Newspaper
Wednesday, May 14, 2003

National

National

Kerala HC stays implementation of revised phone tariff

By K.C. Gopakumar

KOCHI May 13. A Division Bench of the Kerala High Court on Tuesday stayed for one month the implementation of the revised telephone tariff effected from May 1. The vacation Bench comprising Justice K. Thankappan and Justice J.M. James issued the interim order on two writ petitions filed by Stephen George, MLA belonging to the ruling UDF and P. Narayanan, LDF MLA. The court made it clear that if the petitions were ultimately dismissed, the BSNL could realise the revised amount due from the subscribers.

According to the petitioners, the BSNL had issued the order increasing tariff and reducing the number of free calls on the recommendations of the Telecom Regulatory Authority of India(TRAI). As per the provisions of the Telephone Regulatory Authority, there was no compulsion on the part of the Central Government or BSNL to accept the mandatory recommendations of TRAI.

Neither the Act nor the regulations compelled the Central Government or BSNL to accept the recommendations of the TRAI.

Since this was basically a service industry, the right to communicate, right to receive information and transit messages were part of Article 19 of the Constitution (freedom of speech) as had been declared by the Supreme Court in various cases. Therefore, the charges fixed by a public sector unit like the BSNL should be in consonance with the right of the citizen to enjoy the freedom guaranteed under Article 19.

The petitioners also said that the recommendations of TRAI and the notification issued by it were made without any proper application of mind and without hearing the affected parties. The TRAI was a quasi-judicial authority empowered to take a decision affecting the rights of the people. The TRAI should have therefore heard representatives of the public and taken into consideration the relevant circumstances before recommending a revision in telephone tariff.

In fact, the TRAI was bound to ensure transparency in its functioning. However, there had been lack of transparency, while taking a decision on the revision of the tariff.

The recommendations of TRAI were motivated by extraneous considerations. Besides, no information or investigation had been conducted before recommending a hike in the tariff.

The recommendations were contrary to the scheme and spirit of the Telecom Regulatory Authority of India Act and contrary to public spirit.

The recommendations had been made with an intention to favour the private mobile operators. The revision of tariff would only help boost the mobile industry. The common man would be the worst-hit as he was dependent on fixed phones. Besides, no guidelines had been laid down for controlling the functioning of the private telephone operators.

The petitioners sought to quash the recommendations of the TRAI as well as the circular issued by the BSNL.

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