Nimbus ordinance in bad taste: court

IN Law and Policy | 08/02/2007

Citing apex court rulings, Malhotra said it was the fundamental right of every citizen to view and listen the cricket match or sports events held in the country.

Indo-Asian News Service

Delhi High Court Thursday termed as "subversion of rule of law" and "bad in taste" the ordinance promulgated by the central government to compel private broadcasters to share live video feeds of Indian sports events with public broadcaster Prasar Bharti.

Justice B.D. Ahmed made the remark as Additional Solicitor General (ASG) P.P. Malhotra apprised the court about the promulgation of the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharti) Ordinance 2007. The law officer was opposing the Nimbus Communication Ltd`s plea against the government`s demand for live and clean video feed from the NEO Sports channel owner for Doordarshan.

"Why was the government so swift in bringing an ordinance. The rule of law should not have been subverted. It brings bad taste in mouth, when there is subversion of judicial process," Ahmed observed.

Nimbus Communication Ltd, however, is yet to specifically challenge the ordinance promulgated last Friday.

Malhotra said Nimbus Communications` plea challenging the government`s Nov 11, 2005 guidelines on sharing prvate broadcasters` feed should be dismissed, more so when the guidelines have acquired the force of law after promulgation of the ordinance.

He argued that Nimbus challenging the government`s directive, seeking direct video feed of the national sporting events, amounted to challenging the people`s fundamental rights under article 19 of the constitution.

Citing apex court rulings, Malhotra said it was the fundamental right of every citizen to view and listen the cricket match or sports events held in the country.

After submitting copies of the ordinance, he read out the relevant portions saying that the private channel would have to share live feed with the Doordarshan and All India Radio.

In an interim order Jan 23, the high court had allowed Prasar Bharti to download Neo Sports channel`s feed with seven-minute lag of the remaining three matches after the Nagpur one-day international between India and West Indies Jan 21.

Senior Counsel Harish Salve appearing for Nimbus Communications had said the Government could not force any private channel to share its live feed as it was against the fundamental rights enumerated in the constitution. The court adjourned the matter till Friday.

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