Samaresh Banerjea, GORACHAND DE
Softline Multimedia – Appellant
Versus
Prasar Bharati Broadcasting Corporation of India – Respondent
Samaresh Banerjea, J.: Can the Prasar Bharati Corporation which is a statutory Corporation and State within the meaning of Article 12 of the Constitution, have unfettered discretion in the matter of its dealings with the citizens in performance of its statutory duties under the Prasar Bharati Act? Can an agreement entered into by the Prasar Bharati Corporation or one of its unit Doordarshan Calcutta (hereinafter referred to as D.D.) with a producer for selling its time slot, for enabling the said producer to telecast its programme, in performance of their statutory duty as enjoined upon them under the Prasar Bharati Act, be purely commercial in nature or does it involve a public element? Would it be of any consequence even if such contract is purely of a commercial nature if the action of the Prasar Bharati while performing its statutory duties affect the right of a producer under Article 19(1)(a) and Article 14 of the Constitution? Would an arbitrary action of a public authority or of State within the meaning of Article 12 of the Constitution in the realm of concluded contract work be amenable to the writ jurisdiction and open to Judicial Review? Can the Prasar Bharati Cor
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