The Telecom Dispute Settlement and Appellate Tribunal (TDSAT) has directed Prasar Bharati to put Zee Turner and Total TV channels back on its DTH platform within two days. The Court has been informed that money, which was to be deposited by Zee Turner and Total TV, had been lying with Prasar Bharati much before passing of the said order.
TDSAT Chairman Justice Arun Kumar said, “TDSAT has directed Prasar Bharati to forthwith comply with the said order so as to restore the signals both Total TV and Zee Turner channels on its DTH platform as per directions contained in our order dated December 15, 2008. As far as the other prayers in the petitions are concerned, we grant time to Prasar Bharati to file their replies within two weeks. Rejoinders, if any, are to be filed within two weeks thereafter.”
Justice Kumar further explained, “Prasar Bharati had shown defiance in complying with the order of this TDSAT Tribunal. By our judgment dated December 15, 2008, we directed Prasar Bharati to put Zee Turner and Total TV channels back on its DTH platform within two days. We are informed that the money, which was to be deposited by Zee Turner, is lying with Prasar Bharati since much before passing of the said order.”
The counsel stated that since November 8, 2008, the requisite money was lying with Prasar Bharati. The counsel for Zee Turner and Total TV had stated that the TDSAT Tribunal had given two days’ time to Prasar Bharati for compliance of its judgment, and if at all the respondents were interested in having the time extended, they could have to move immediately thereafter.
On December 24, 2008, counsel for Prasar Bharati had stated that they wanted to move for extension of time for complying with the judgment of the TDSAT Tribunal. This request was not considered bonafide as it had come at a time when Zee Turner had already moved the present applications. Prasar Bharati had stated that they had filed an appeal against the judgment dated December 15, 2008, of the TDSAT Tribunal on December 24, 2008, in the Apex Court.
It may be recalled that the Supreme Court, by its order dated November 25, 2008, had ordered status quo to continue till the TDSAT took a final decision in the matter. The TDSAT took a final decision in the matter by its judgment dated December 15, 2008. The case was fixed in the Supreme Court on the same date and a copy of the order of the Supreme Court passed on that day has been produced.
Counsel for Zee Turner and Total TV further submitted that the malafide intention of Prasar Bharati was clear from the fact that as long as the judgment was in favour of Prasar Bharati, the same had been complied with, while the part of the judgment that was in favour of Zee Turner and Total TV, they refused to do so.