The Prasar Bharati Act seeks to establish an Autonomous Corporation intended to serve and promote right to information of the public in the truest sense of term.

SHYAMAL KUMAR SEN, J.

( 1 ) THIS writ petition was filed by Peoples' Union for Civil Liberty and thirteen Public men of eminence praying for a mandate on the Central Government to implement the Prasar Bharati (Broadcasting Corpn.) Act, 1990 forthwith without further delay. The petition was moved with notice to the Central Government, its Officers, all recognised national political parties and their leaders. All India Joint Council of Doordarshan Production Staff Association also became a party respondent to support the petitioners.

( 2 ) EXCEPT the Union of India and its Officers all the respondents are supporting the case of the petitioners. Before the General Election in 1989 the Peoples' Union for Civil Liberties had put up a 7-point charter of demands to all political parties. The first demand of the said seven demands stated as follows:"radio and Television should be placed under the Control of one or more autonomous bodies created by law".

( 3 ) AFTER the election, Janta Da1 came to power and formed Ministry. During the Janta regime the Prasar Bharati (Broadcasting Corporation of India) Bill was drafted after considering all reports prepared by Committees, Working Groups and Organisations appointed by the Government from time to time after independence. The Bill was introduced in Parliament for discussion.

( 4 ) DURING the said Parliamentary disussion over the said Bill Sri Vasant Sathe said,"i think in the spirit in which we are now passing this Bill which is a very rare event and a very healthy trend setter". He further said that"this is now a Bill of entire House and not only of the Government". Sri Sathe further said, "prasar Bharati is a gift to nation. It is a sort of freedom. We believe in unfettered media. Because that would add strength to our democratic fabric. " Be it stated here that Sri Vasant Sathe belonged to National Congress who were in opposition at that relevant time. It is worthy to note that Sri A. K. Roy, an independent member from Dhanbad while supporting the Bill, told the House that one wonderful thing is that, wisdom also varies when a man goes from left to right. So when the same people will go to the right, they will sit on Treasury Bench, they will speak one thing and when they will come on the opposite side, they will speak in some other tone. The said Bill was passed unanimously by both the Houses of the Parliament and the President of India gave his assent on the 12th September, 1990.

( 5 ) THEREAFTER, the Government of the Janta Dal collapsed and new Government was formed under the leadership of Sri Chandra Shekhar for a short period. Again a mid-term election was held in 1991. Before the mid-term election, 1991 Peoples' Union for Civil Liberties further presented their 7-points charter of demands to the political parties. Almost all national parties including the Indian National Congress (I), Janta Dal and National Front Constituents, Bharatiya Janta Party, Communist Party of India, Communist Party of India (Marxist) and other parties included the demand in their Election Manifestoes. The said political parties have been impleaded for proper adjudication.

( 6 ) IT has been alleged that after the election was held the Indian National Congress came into power. But it is surprising that the Central Government has not brought the Act into force by notification as yet.

( 7 ) IT has further been alleged in the petition that the Government has decided to create privatisation of Channels of the Doordarshan instead of bringing the Act into force.

( 8 ) THE question involved is if the Court is competent to direct that Prasar Bharati Act has to be implemented by the Government and notification has to be issued. On behalf of Union of India, a preliminary question has to maintainability of the writ petition has been raised on the ground that the Court is not competent to pass any direction directing implementation of the Act or to issue notification to that effect.

( 9 ) THE learned Solicitor

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