Trai can also regulate broadcast services: SC

The Supreme Court today dismissed the appeal of broadcaster Star India Pvt Ltd that the Telecom Regulatory Authority of India (Trai) could not make rules for broadcasters and its powers were confined to the telecom industry.

Dismissing the petition challenging the role of Trai, which was set up by an Act of Parliament, a Bench comprising Justice HK Sema and Justice Markandey Katju said: "We cannot question Parliament and we should respect Parliament. Judiciary should not interfere in it."

Justice Katju went one step ahead and observed that courts should not question laws made by Parliament. Reiterating his favourite theme, he emphasised that the courts must respect the wisdom of Parliament.

The broadcaster had approached the court against an amendment to the Telecom Act empowering the government to bring broadcasting services within the ambit of Trai.

However, Star's counsel FS Nariman contended that the inclusion of broadcasting services within the ambit of the telecom law was contrary to its objective of regulating only the telecom services. He submitted that the amendment in the Telecom Act was unconstitutional and the proviso introduced in the Act was contrary to the original Act.

"The Telecom Act had excluded broadcasting services but after amendment the services were allowed to be regulated by Trai," he said.

Not satisfied with Star India's contention, the Bench said, "There does not seem any conflict between the original Act and the proviso introduced in it after (the) amendment. The proviso says the Centre can bring other services within the ambit of the Telecom Act and the government has issued the notification for regulating broadcasting services by Trai. It is very simple."

Star India had moved the Supreme Court after the Delhi High Court dismissed its plea. Nariman contended that the high court did not go into the merit of the case and dismissed the petition on the maintainability.

Challenging the high court's order, Nariman said: "I am entitled to file the petition even when 99 per cent of shares are with overseas holders."

The Bench, however, refused to express any opinion on the maintainability issue. The high court, on July 9, had dismissed petitions of Star India and Set Discovery challenging the authority of Trai to regulate the broadcasting sector.

The court had also held that the Trai Act would regulate the broadcasting sector along with telecommunications till the government enacts a Broadcasting Act or a Convergence Bill that will regulate telegraph, telecom and broadcasting sectors.