The Hindu : National : `EC can requisition staff to monitor ads'

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Thursday, Apr 15, 2004

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National

`EC can requisition staff to monitor ads'

By J. Venkatesan

NEW DELHI, APRIL 14. The Supreme Court's order passed on Tuesday that the Election Commission's prior clearance was necessary for telecast of all political advertisements will be binding on all the political parties, candidates, persons, groups or trusts who propose to insert advertisements in the electronic media and cable networks.

A three-Judge Bench comprising the Chief Justice V.N. Khare, Justice S.B. Sinha and Justice S.H. Kapadia while staying the interim orders of the Andhra Pradesh High Court suspending the operation of Rule 7 (3) of Cable Television Network Rules had put in place comprehensive guidelines to be followed by political parties, candidates and others in the issue of advertisements for telecast from April 16 to May 10.

The Bench had made it clear that this order was being issued in exercise of the powers under Article 142 of the Constitution (enforcement of decrees and orders of Supreme Court and orders as to discovery etc.)

The court said that it would be open to the Commission to requisition such staff as might be necessary for monitoring the telecast of such advertisements. If the Commission was satisfied that there was violation of this order or any provisions of the Cable Television Networks (Regulation) Act, it would issue an order to the violator to forthwith stop such violations and it would also be open to direct seizure of the equipment.

The funds to meet the cost of monitoring the advertisements should be made available to the Commission by the Union Government, which should also give adequate publicity of this order on the electronic media and through print media.

The Bench also clarified that this order was passed not in derogation of but in addition to the powers of the Central Government in regard to breach of the provisions of the CTNR Act.

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