The petitioner, editor of a radio station in Kochi, approached the court alleging arbitrary cessation of morning broadcasts despite an undertaking by the Chief Executive Officer of Prasar Bharati to provide necessary facilities and staff.
Directions to the 2nd respondent to consider restoration of facilities as promised in the counter affidavit within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930
OP.No. 12059 of 1999(I)
PETITIONER(S):
D.B. BINU, EDITOR, « NIYAMA SAMEEKSHA, PROVIDENCE ROAD, KOCHI-18.
BY ADV. SRI.P.K.IBRAHIM
RESPONDENT(S):
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD
PETITIONER'S EXHIBITS: O.P.NO. 12059/1999.
---------------------------------------------------------------EXT.P1 PHOTO COPIES OF NEWS AND REPORTS. EXT.P2 REPRESENTATION BEFORE R1. EXT.P4 ORDER DT. 24-6-1997. RESPONDENTS' EXHIBITS: -----------------------------------EXT.R-1A TRUE COPY OF ORDER. EXT.R7(a) O.M. ISSUED BY GOVERNMENT OF INDIA. EXT.R7(b) ORDER DT. 12-2-99. EXT.R7(c) COPY OF WORKING INSTRUCTIONS. EXT.R7(d) ORDER DT. 5-7-1989. EXT.R7(e) ORDER DT. 5-7-1989. EXT.R7(f) ORDER DT. 7-7-1989. EXT.R7(g) ORDER ISSUED BY MINISTRY OF INFORMATION AND BROADCASTING. EXT.R7(h) ORDER DT. 24-2-1999. EXT.R7(i) DETAILS SHOWING STAFF STRENGTH OF L.R.S. KOCHI. EXT.R7(j) 'g' SHEET DURING MORNING TRANSMISSION. EXT.R7(k) 'Q' SHEET AFTER STOPPING OF MORNING TRANSMISSION.
[TRUE COPY]
P.S TO JUDGE.
S. Siri Jagan, J.
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O.P. No. 12059 of 1999
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Dated this, the 20th October, 2008.
J U D G M E N T
The petitioner filed this original petition complaining that the broadcasting from Kochi F.M. Station has been stopped without proper reasons. The petitioner, therefore, sought the following reliefs:
“i) Declare that the classification of F.M. Station, Kochi as Local Radio Station is arbitrary and illegal;
ii) issue a writ in the nature of mandamus commanding the respondents 1 to 5 to confer on the F.M. Station, Kochi the status of Regional Radio Station/or Sub Regional Radio Station and provide all facilities required to function the station with that status;
iii) issue a writ in the nature of mandamus commanding the respondents to take immediate action for starting the commercial broadcasting Station, Kochi, with its own independent programmes by providing required number of staff and other such facilities;
iv) issue a writ of mandamus commanding the respondents 1 to 6 to start the morning transmission of F.M. Station, Kochi forthwith;
v) issue a writ of mandamus commanding the 6th respondent to restore the daily bulletin of Court news under “Kodathy Varthakal” being part of imparting legal education which is a State obligation under Article 21 of the Constitution of India.”
“ . . . . . Besides the importance of Kochi, more important factors are the availability of staff in all category, transport vehicles, funds, more number of studios and other essential infrastructure facilities, none of which so far has been provided to commence the morning programmes at Kochi. Yet out of deference to this Hon'ble court's orders without sufficient facilities, steps have been taken to commence the morning transmission from 15.7.1999, but continuance of the same depends on the aforesaid facilities being made available to Kochi immediately. It may take some time for the Directorate to post the staff, to provide the funds, and to allot
O.P. No. 12059/1999
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vehicles etc., which cannot be done all on a sudden. In the circumstances, it is respectfully submitted that the respondents will be considering the resumption of morning transmission in its proper perspective and will address themselves on the question of providing the aforesaid facilities subject to the financial constraints, at the earliest.”
According to the petitioner, the facilities as stated therein, have not been provided.
In the above circumstances, I dispose of this original petition with a direction to the 2nd respondent to consider restoration of all facilities as stated in paragraph 5 quoted above. Appropriate steps shall be taken and completed within three months from the date of receipt of a copy of this judgment.
S. Siri Jagan, Judge.
Tds/
2 issues framed by the court
Whether the petitioner is entitled to restoration of broadcasting facilities at F.M. Station Kochi.
Whether the respondents have a duty to comply with previous undertakings to provide infrastructure and staff.
D.B. BINU
UNION OF INDIA
THE CHIEF EXECUTIVE OFFICER, PRASSAR BHARATI
THE DIRECTOR GENERAL, ALL INDIA RADIO
ASSOCIATION OF RADIO & T.V. EMPLOYEES
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
