Delhi HC allows Lokshahi Marathi news to resume ops, Centre takes note of corrective steps by channel [Read Judgment]

NEW DELHI: The Delhi High Court has directed the Centre to permit Lokshahi Marathi news channel to resume operations.

The bench of Justice Subramonium Prasad took on record a communication by the concerned Under Secretary of the Ministry of Information confirming that Lokshahi Marathi had taken corrective measures as required by the Ministry.

The Ministry added that Lokshahi Marathi had also confirmed that it would adhere to the existing guidelines of the permission originally granted to it, to operate as a news channel.

Noting that thus, ...as of today, the Petitioners are entitled to run the channel the Delhi High Court ordered, This Court, while exercising its jurisdiction under Article 226 of the Constitution of India and keeping in view the satisfaction arrived at by the Respondents, is of the opinion that the Petitioners must be permitted to commence the operation of channel.

The impugned Ministry order dated January 9, which Lokshahi Marathi had challenged before the Delhi High Court, had suspended the operation of News TV Channel "Lokshahi Marathi" on all distribution platform operators throughout India for a period of 30 days with effect from 6:00 PM on the said date, stating that the channel was not operating as per the permission granted to it.

The Court noted in reference to the same that in view of the corrective steps by the channel, and keeping in view the fact that 15 days have already passed after the said order, it was inclined to direct the Centre to permit the Lokshahi Marathi to commence the operation of news TV channel "Lokshahi Marathi" forthwith.

It thus disposed of the matter, while adding that the Court has not made any observations on the merits of the case and has merely exercised its discretion under Article 226 of the Constitution of India.

Earlier, the Court had asked the Central government to consider an affidavit submitted by Lokshahi news channel stating that it has rectified all the defects pointed out by the Ministry of Information and Broadcasting (I&B Ministry).

It had asked the Centre to take a decision on the channel's suspension by January 25.

Even as Lokshahi protested against its suspension, Justice Subramonium Prasad had said that the Court expects the Union of India to consider in earnest the affidavit filed by Lokshahi.

The Court had told the channel owners to take corrective steps, after Lokshahi Marathi approached it seeking relief against a 30-day broadcast ban on it.

The I&B Ministry had suspended its licence after it was discovered that the operators of the channel are not the same as the license-holders.  

Telling the owners to show that the activities of the channel are under their control, a division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora had told the owners to take corrective steps.

The I&B Ministry had sent the suspension order to the channel at 6 pm on January 9 and soon took it off air, Lokshahi's counsel told the Court, adding that the order was passed without any reason."

In an urgent mentioning before the Delhi High Court, the channel had said that the broadcasting ban had come as a 'shock' and urged that the BJP-led central government Ministry was taking 'targeted action' against the channel.

The Ministry, on the other hand, had served a show cause notice to the channel, alleging "blatant and continuous" violations of policy guidelines.

The I&B Ministry pointed out that while the channel owned by one Zora Traders, had been granted permission to operate the Lokshahi Marathi news channel, it was only allowed to generate its own content for news and current affairs.  

However, it had been sourcing its content from a third party, Swaraj Marathi Broadcasting LLP, without prior approval by the Ministry.

The Ministry said that this was a violation of its essential condition of permission.

Notably, the channel had also found itself on the wrong side of the I&B Ministry in September last year after it aired a sexually explicit video allegedly featuring BJP leader Kirit Somaiya. The viral video had triggered a political storm in Maharashtra, and subsequent police action.

A 72-hour ban was imposed on the channel following the Somaiya controversy.

Cause Title: Zora Traders Limited & Ors v Union of India & Anr

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