Karnataka HC reserves Power TV’s plea against broadcast restraint

New Delhi: The Karnataka High Court reserved its decision on an appeal by M/s Power Smart Media, which operates Kannada news channel 'Power TV', challenging a previous interim order that restrained it from broadcasting. 

The division bench, comprising Chief Justice N V Anjaria and Justice K V Aravind, heard arguments from both parties and announced that the verdict would be given the following day.

The original interim order was issued by Justice S R Krishna Kumar in response to a petition by H M Ramesh Gowda and others, citing proceedings initiated by the Union of India based on a show-cause notice dated February 9, 2024. 

Senior Advocate S S Naganand, representing the appellant, argued that the single judge bench had overstepped by halting broadcasts solely on the basis of the notice, while no final decision had been made by the Ministry following the appellant's detailed reply.

Naganand contended that the court's role should have been limited to considering the representation, rather than issuing a stoppage order. Senior Advocate Dhyan Chinnappa echoed this sentiment, questioning whether the court could assume authority that rightfully belonged to the government.

Additional Solicitor General Arvind Kamath emphasized that M/s Mitcon Infra Project, the licensee in question, lacked the proper authorization to broadcast since October 12, 2021. He argued that changes to teleporter and satellite permissions did not equate to a broadcasting license.

In conclusion, all parties presented their arguments regarding the interpretation of broadcasting guidelines and the legality of the interim order, prompting the court to defer its decision.