Delhi High Court
Goienkars Digital Network Pvt. ... vs Ministry Of Information And ... on 13 January, 2017
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 13.01.2017
+ W.P.(C) 11541/2016
GOIENKARS DIGITAL NETWORK PVT. LTD. ..... Petitioner
versus
MINISTRY OF INFORMATION AND BROADCASTING & ORS
..... Respondents
Advocates who appeared in this case:
For the Petitioner : None.
For the Respondent : Mr. Kirtiman Singh with Mr. Waize Ali Noor,
Mr. Pranav Aggarwal and Mr. Prateek Dhandha, Advocate for TRAI.
Mr. Sanjeev Narula, CGSC with Mr.
Abhishek Ghai, Advocate for UOI.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
13.01.2017
SANJEEV SACHDEVA, J. (ORAL)
1. Notice was directed to be issued to the petitioner as this matter has
been received on transfer under orders of the Supreme Court. Affidavit of
service has been filed indicating that the notice has been duly served on the
petitioner.
2. The petition has been filed inter-alia seeking grant of time for
installing the set-top boxes and till the completion of installation of set top
boxes, the respondent be restrained from stopping the supply of analogue
signal.
3. 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.
4. 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.
5. The contention of the petitioner is that sufficient set top boxes are not
available in the area of the petitioner to changeover to digital system.
6. 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.
7. Perusal of the petition shows that the petitioner is only seeking for
grant of some more time for installation of digital set top boxes and for
change over to DAS.
8. The notification was issued by the Government on 11.11.2011. Over
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 January 2017. 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 one year has passed. There is no justification in granting the
petitioner any further time for completion of installation of digital set top
boxes and changeover to DAS.
9. The Writ Petition is accordingly dismissed. No orders as to Costs.
10. 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 said period, 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 changeover, 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.
Dasti under signatures of Court Master.
SANJEEV SACHDEVA, J
JANUARY 13, 2017
'prem'
