Date:07/03/2004 URL: http://www.thehindubusinessline.com/2004/03/07/stories/2004030701620300.htm

Back Indo-Pak series: HC orders notices to Ten Sports, TRAI

Our Legal Correspondent

Chennai, March 6

THE Madras High Court on Saturday admitted a writ petition seeking appropriate directions to the Telecom Regulatory Authority of India to ensure that the Prasar Bharathi was enabled to have the terrestrial television rights for the forthcoming Indo-Pak Cricket series to be played in Pakistan.

The First Bench, comprising the Chief Justice Mr B. Subhashan Reddy and Mr Justice P. Shunmugham, which heard the petitioner, Citizen Consumer and Civic Action Group, Chennai, ordered notice to the respondent No 3 (`Ten Sports') and respondents No 1 (Prasar Bharathi, New Delhi) and No 2 (TRAI) calling for records. The hearing has been posted to March 10.

The Indo-Pak cricket series will begin on March 13 and end on April 17.

The petitioner contended that the members of the public would be to put to grave hardship and would lose access to a major sporting event that was aimed at improving the friendship between India and Pakistan.

It was only fit and proper that every Indian should have free and unrestricted access to the said event.

If the access to the cricket series were made available only through the pay channels, then it would only be available to those who subscribed to the pay channels.

According to the petitioner, the Supreme Court had upheld the right to information, which was the aspect of right to expression, which was a fundamental right that all the citizens of this country were allowed free access to view the major sporting events such as the forthcoming cricket matches.

The failure of the Government of India and the 1st respondent to ensure, this would amount to infringement of the fundamental right, it would consequently be illegal and arbitrary.

The petitioner prayed for a direction to the 2nd respondent to forthwith pass appropriate orders in the application filed by the 1st respondent for making available terrestrial television rights for the Indo-Pak cricket series.

The petitioner also prayed for issue of a direction to the 2nd respondent to make available the terrestrial broadcasting rights to the 1st respondent.