While hearing the petitions filed by Tata Sky and Airtel Digital, a division-bench of the Delhi High Court led by Chief Justice Gita Mittal, on Friday, issued a notice to the Telecom Regulatory Authority of India (TRAI). The court has directed the regulator to file their affidavit whereas the petitioners in the case i.e. Tata Sky and Airtel Digital will have to come up with counter-affidavits if required before the next hearing.
The matter will now come up on July 25 and is also being presided over by Justice Anu Malhotra. The parties involved must comply with the court’s directive before the given day. It is important to mention that while the petitions were filed separately, they were taken up by the Delhi High Court together. It is the assertion of the DTH operators that TRAI’s tariff order regulations are in violation of Article 19 (1)(G) of the Constitution which deals with the freedom of profession.
Besides urging the court to strike down the regulations, which are slated to come into effect from September 1, the petitioners are also seeking to annul subsections of Section 11, TRAI Act, 1997. The other petition filed by Star India challenging the constitutionality of the regulations will be given final hearing on June 12 by the Madras High Court.