Bombay HC Says Not Necessary To Pass Orders Against Shiv Cable Sena’s Boycott Call Against Republic TV As It Has No Effect In Law

Bombay HC Observes Intrusion In Academic Matters Amounts To Judicial Over-Reach & Stepping Into Domain Of Other Organs Of State

The BombayHC on Friday said that it was not necessary to pass any orders to restrain cable TV operators from stopping the telecast of the Republic Bharat, as the alleged call for boycott made by “Shiv Cable Sena”, an affiliate of the major partner of the ruling coalition Shiv Sena, has no “effect in law” as it was not a statutory authority.

The court was hearing a petition filed by Republic TV’s parent company ARG Outliner Media Private Limited against Cable Network Operators, for not stopping the broadcast of the TV channels namely Republic TV and Republic TV Bharat after Shiv Cable Sena allegedly sent a threatening letter to various cable network operators to stop airing the petitioner’s channels or face public agitation.

A division bench of Justices Nitin Jamdar and Milind Jadhav heard the writ petition and observed Shiv Cable Sena is not a statutory authority and the communication issued by it has, therefore, no effect in law.

The court further noted that as for the intimidating letter written on September 10, the recipient petitioners have “their remedies of approaching law enforcement agencies like any other citizen”.

Therefore, because of this position, the HC should entertain the petition and issue necessary directions to the Respondents- State and Union of India to ensure smooth broadcast of the TV channels.

Whereas the Additional Government Pleader Jyoti Chavan argued that the petitioners’ grievance is against private entities and the writ petition is not an appropriate remedy, and the petitioners can file a Civil Suit, besides the other available statutory remedies.

As regards the intimidating communications are concerned, the recipients have their remedies of approaching the Law Enforcement Authorities like any other citizen. In these circumstances, the court said they don’t seem it necessary to pass any further orders. As of now, the writ petition is disposed of.