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2020 Supreme(Ker) 323

S.MANIKUMAR, SHAJI P.CHALY
Harish Vasudevan – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Sri. P.A. Mohammed Shah, Sri. Rajan Vishnuraj
For the Respondent: Sri. Jaishankar V. Nair, CGC.

JUDGMENT :

S. Manikumar, J.

Instant public interest writ petition is filed by an advocate practicing in this Court, challenging the constitutional validity of Rules 6(1)(a) and 6(1) (i)of the Cable Television Networks Rules, 1994, and the orders dated 06.03.2020 (Exhibits-P1 and P2) issued by Union of India against Asianet News TV Channel and Media One TV Channel. The prayers sought for in the writ petition are as follows:

    i. “Declare that being critical towards Delhi Police and RSS is a part of the fundamental right of every citizen of India and it cannot constitute an offence as envisaged in any law;

ii.Declare that the reporting of any truthful or factual incident will not invite any offence under sub-section 2 of Section 20 of the Cable Television Networks (Regulation) Act, 1995 and any penal action by invoking the said provision is unconstitutional and opposed to public interest;

iii.Declare that Rules 6(1)(a) and 6(1)(i) of the Cable Television Networks Rules, 1994 are violative of Articles 19(1)(a) and 14 of the Constitution of India and ultra vires to the parent Act.

iv.Declare that paragraph 5.9 of the Policy Guidelines for Up linking of Television Channels from India is arbitra

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