20 February 2015
Supreme Court
Download

PRASAR BHARATI Vs BOARD OF CONTROL FOR CRICKET IN INDIA AND ORS

Bench: RANJAN GOGOI,PRAFULLA C. PANT
Case number: C.A. No.-010734-010735 / 2017
Diary number: 4419 / 2015
Advocates: RAJEEV SHARMA Vs RADHA RANGASWAMY


1

Page 1

1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Special Leave Petition (Civil) Nos. 4572-4573 of 2015

Prasar Bharati …  Petitioner(s)

Versus

Board of Control for Cricket in India  & Ors. …  Respondent(s)

WITH

SPECIAL LEAVE PETITION (C) No. 4574-4575 of 2015

O R D E R

We have heard learned counsel for the parties.

2. It  is  our  considered  view  that  at  this  stage  we  ought  not  to  

consider the submissions made on behalf of the parties on the merits  

of  the controversy as the same may have the effect  of  prejudicing  

either of the parties.

3. We have considered the suggestions put forward on behalf of the  

respondents.  The first suggestion is with regard to setting up of an  

extra/special channel which has been contended by Prasar Bharati to

2

Page 2

2

be unviable and technically unfeasible within any reasonable period of  

time.   Though an offer has been made on behalf of respondent No. 4  

to  make  available  its  expertise  and  personnel  to  aid  the   Prasar  

Bharati, we are not inclined to consider the said offer made on behalf  

of respondent No. 4.  The first suggestion put forward therefore does  

not merit acceptance.

4. Insofar as the second suggestion i.e. putting up a scroll  to the  

effect that “the channel  displaying the sports event (concerned ICC  

World Cup 2015 matches) is meant only for Doordarshan” has received  

our  consideration.   Acceptance  of  the  said  suggestion  would  be  

understanding the provisions of Section 3 of the Sports Broadcasting  

Signals (Mandatory Sharing with Prasar Bharati) Act, 2007 and Section  

8  of  the  Cable  Television  Networks  (Regulation)  Act,  1995  in  a  

particular  manner  which  is  not  warranted  at  this  stage  of  the  

proceedings.   We,  therefore,  decline  to  accept  the  said  second  

suggestion advanced on behalf of the respondents.   

5. In  the  aforesaid  circumstances,  we  are  of  the  view  that  the  

interim order  passed  earlier  to  the  effect  that  the  impugned  order  

dated 04.02.2015 of  the High Court  shall  remain suspended should  

continue until further orders.  We order accordingly.  However, in view

3

Page 3

3

of  the  importance  of  the  matter,  we  direct  that  the  special  leave  

petitions be heard at an early date.  List on a Tuesday in the month of  

July, 2015.  The parties may exchange pleadings, if  required, in the  

meantime.

..........………………………J.       [RANJAN GOGOI]

…..........……………………J.       [PRAFULLA C. PANT]

NEW DELHI,  FEBRUARY 20, 2015.