![]() Friday, May 27, 2005 |
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Staff Reporter
CHENNAI: The Madras High Court has reserved orders on an All-India Anna Dravida Munnetra Kazhagam (AIADMK) MP's public interest litigation petition against processing the Sun TV group's application for a Direct to Home (DTH) licence. A vacation bench, comprising Justice Prabha Sridevan and Justice C. Nagappan, reserved the orders on Thursday, after hearing arguments of the Additional Solicitor-General of India, V.T. Gopalan; counsel for the petitioner, N. Jothi, and senior counsel for Sun TV, G. Masilamani. In his petition, P.G. Narayanan alleged political pressure on various Ministries to process the Sun TV's application, and prayed for its rejection. As an interim relief he wanted the court to restrain the authorities from processing the application. When the matter came up before the Bench, Mr. Jothi said non-production of relevant files would amount to contempt of court, and that he did not understand why the Centre should hesitate to furnish the records in the court. He said if a public duty was sought to be violated, it could be challenged and appropriate mandamus sought. Mr. Gopalan described it as "publicity-interest litigation," and said the Ministry of Communications, which "had nothing to do with the issue," had unnecessarily been cited as a respondent. "They want to rope in everybody." He said the petitioner had not elaborated how the Ministry had a role in the issue. "The nature of averments shows it is frivolous and filed with an ulterior motive," he said. Mr. Masilamani argued that the plea was not at all maintainable as it was premature. The PIL is based on presumptions upon presumptions. He said the application was still being processed and the licence was yet to be issued.
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