Delhi High Court
Sunil Kumar Singh vs Union Of India & Ors. on 3 November, 2016
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 03.11.2016
+ W.P.(C) 6880/2016
SUNIL KUMAR SINGH ..... Petitioner
versus
UNION OF INDIA & ORS. .... Respondents
Advocates who appeared in this case:
For the Petitioner : None.
For the Respondents : Mr Vikas Mahajan and Mr Amit Mehta,
Advocates for Union of India.
Mr Abhishek Malhotra and Mr Rijul Taneja, Advocates
for the applicant.
Mr Yashvardhan, Mr Himanshu Kulshreshtha and Mr
Devender Singh, Advocates for Intervener.
Mr Kirtiman Singh, Mr Waize Ali Noor and Mr Pranav
Agrawal, Advocates for TRAI.
Mr Saurabh Srivastava and Mr Ranjeet Singh Sidhu for
Intervener/Star India Pvt. Ltd..
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
03.11.2016
SANJEEV SACHDEVA, J. (ORAL)
W.P.(C) 6880/2016
1. Notice was directed to be issued to the petitioner since this matter
has been received on transfer from Supreme Court. Affidavit of service
has been filed which shows that the petitioner has refused to accept the
notice. Refusal of notice is deemed to be service of notice.
2. The petitioner, by the present petition, has sought a direction to the
respondent to consider the representation of the petitioner dated
01.01.2016 for permitting to continue to supply analogue system of cable
till the DAS (sic) licence is issued to the petitioner.
3. Learned counsel appearing for the respondent submits that the
representation of the petitioner has been disposed of and the petitioner
has been granted DAS licence on 15.02.2016.
4. Since the petitioner has already granted the Dash licence, there is
no reason for the petitioner not to switch over the digital system. The
petition was filed on 04.01.2016 and approximately ten months have
passed.
5. The Ministry of Information & Broadcasting by Notification dated
11.11.2011 had, in public interest, notified that it shall be obligatory for
every cable operator to transmit or re-transmit programmes of any
channel in an encrypted form through a Digital Addressable System
(DAS) in such cities, towns or areas, as specified in table contained
therein.
6. Effective dates ranged between 30.06.2012 to 31.12.2014. The
said period of implementation was subsequently extended from time to
time and the last extension for the implementation of DAS Phase-III was
granted upto 31.12.2015. The petitioner admittedly is part of the Phase-III
implementation of the digital system.
7. Learned counsel appearing for the respondent submits that
sufficient set top boxes are readily available in the open market and even
through the cable operators and vendors. He further contends that
originally digital set top boxes were being imported but now they are
being indigenously manufactured by several manufacturers in the country
and are available in abundance. He submits that there is no shortage of
digital set top boxes.
8. Perusal of the petition shows that the petitioner is only seeking for
grant of time till issuance of DAS licence. Said Licence has already been
granted.
9. The notification was issued by the Government on 11.11.2011.
Nearly five years have elapsed from the said date when the cable
operators were made aware that they have to changeover to DAS. The
petition was filed in January, 2016 and now we are in November. The
petitioners have already got sufficient time to complete the installation of
set top boxes and the changeover to DAS. Even post the filing of the
present petition, approximately ten months have passed. There is no
further justification in granting the petitioner any more time for
completion of installation of digital set top boxes and changeover to
DAS.
10. The Writ Petition is accordingly dismissed. No orders as to Costs.
11. The petitioner shall ensure that all analogue connections are
converted to digital by installation of digital set top boxes within a period
of three weeks from today. The petitioner shall duly inform the
subscribers that on expiry of the period of three weeks, all analogue
signals would be discontinued and the subscribers will be required to
switch over from the analogue mode of transmission to digital mode of
transmission on or before the cut-off date. To facilitate the change-over,
the petitioner shall also display a scroll, in all analogue channels being
transmitted by them, informing the subscribers that they have to change
over to digital system within the stipulated timeframe.
CM Nos.31930/2016 (impleadment), 32737/2016 (impleadment) and
38293/2016(impleadment)
Learned counsel for the applicant submits that in view of the
disposal of the petition, these applications have become infructuous. The
applications are accordingly dismissed as infructuous.
Dasti under signatures of Court Master.
SANJEEV SACHDEVA, J
NOVEMBER 03, 2016
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