Delhi HC adjourns ad cap case to Dec 16

The case was adjourned since the division bench of Chief Justice Dhirubhai Naranbhai Patel and Justice Prateek Jalan could not assemble on November 19, when the matter came up for hearing

e4m by exchange4media Staff
Updated: Nov 30, 2020 3:06 PM
TV

The ad cap case, which has been dragging on since December 2013, has been adjourned to December 16. The case was adjourned since the division bench of Chief Justice Dhirubhai Naranbhai Patel and Justice Prateek Jalan could not assemble on November 19, when the matter came up for hearing.

"The proceedings in the matter have been conducted through video conferencing. The Hon’ble Division Bench (Coram: Hon’ble the Chief Justice and Hon’ble Mr. Justice Prateek Jalan) could not assemble today. List on 16th December 2020," reads the Delhi High Court order.

In the previous hearing on 28th September, the HC had listed the petitions under the heading “For hearing” on 19th November.

In the September hearing, the Solicitor General appearing for Telecom Regulatory Authority of India (TRAI) had submitted that the counter affidavit filed in W.P.(C) 7982/2013 and in W.P.(C) 7989/2013 which are the two lead matters (for general entertainment channels and news broadcasters, respectively) are to be adopted in rest of the matters.

The HC had ordered that if other respondents want to file counter-affidavits, they are permitted to file the same within four weeks. Rejoinder thereto, if any, be filed by the petitioners before the next date of hearing.

Petitioners were also permitted to file brief notes/written submissions before the next date of hearing.

The ad cap rule was challenged by news, music, and regional broadcasters in Delhi High Court against the TRAI's decision to amend the Standard of Quality of Service by capping ad duration at 12 minutes in a clock hour.

The matter first went to Telecom Disputes Settlement and Appellate Tribunal (TDSAT) where it was extensively heard. As the tribunal was preparing to proclaim its judgement in the matter, the Supreme Court in a dispute between BSNL vs TRAI ruled that the TDSAT doesn’t have the jurisdiction to entertain petitions challenging TRAI regulations.

The appellants immediately moved the Delhi High Court, which granted an interim stay by directing TRAI not to take coercive action against the petitioners. It also directed the petitioners to submit weekly reports in a prescribed format to TRAI.

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