HC denies more time to govt on CAS implementation

The Delhi High Court today refused to grant more time to the Union government to implement Conditional Access System (CAS) for viewing satellite TV channels in the country.

Union Information and Broadcasting Secretary SK Arora who appeared before the court today sought three months to implement CAS.

While refusing to accede to Arora's request, Justice Vikramjit Sen reserved the order saying "the court would pronounce its judgement in the matter."

Hathaway Cable Datacom counsel Indu Malhotra submitted that the government was only buying time to delay the implementation of the CAS that was regarded as the latest technology for the TV viewers.

The court had on January 23 summoned the I&B secretary for answering the queries in connection with the implementation of the technology.

Additional Solicitor-General PP Malhotra, who appeared for the government, had said the issue of CAS had been decided by another division bench of the high court in December 2003.

Justice Sen had said there was no problem in giving another judgement as the situation was different. Earlier in September 2005, the judge had reserved his verdict on Hathaway Cable Datacom's petition seeking direction to the Centre to implement CAS.

Senior counsel Ram Jethmalani had said it was only due to the government's decision that the multi service operators (MSOs) had invested crores of rupees in set-top boxes and the government could not be allowed to delay it further.

The Delhi and Madras high courts had also conclusively held that the government could not recall its notification on implementation of CAS, he had argued.

The Centre, on the other hand, had stated that it was extremely important to examine the entire issue in a holistic manner so as to safeguard the consumers' interests and "facilitate them to make an informed choice" before implementing it in the pre-suspended form in Delhi, Mumbai and Kolkata.

The court had in September last asked the government to either implement the law (Cable TV Networks Regulation Act) or abrogate it.

The court had said since the issue was covered under List-I (Union list) and the states had no role in it, the Centre should not have left it to the states to take a decision in this regard.

However, Trai had stated that the regulatory body had submitted its recommendations way back in October 2004 and now it was for the government to implement it.