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2022 Supreme(Mad) 3669

MUNISHWAR NATH BHANDARI, D. BHARATHA CHAKRAVARTHY
Next Radio Limited – Appellant
Versus
Union of India through the Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Arvind Pandian, Abhishek Malhotra, M.S. Bharath, V.S. Krishna.
For the Respondents: R. Sankaranarayanan, Satish Parasaran, R. Parthasarathy, Ankur Sangal, Sucheta Roy, Trishai Nag, P.R. Raman, Adithya Reddy, Vijay Narayan, Abishek Jenasenan, Solaiappan O.

ORDER :

Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of declaration (a) declaring Rule 29(4) of the Copyright Rules 2013 non est, void, unconstitutional and ultra-vires; (b) strike down the Rule 29(4) of the Copyright Rules, 2013 as unconstitutional being contrary to Article 19(1)(a) of the Constitution of India; (c) in the alternative to prayer (a) above, that on a true and correct interpretation of Rule 29(4), this Court be please to interpret Rule 29(4) as directory and not mandatory such that its requirements would be satisfied and treated as sufficient compliance upon submission of the logs containing details by radio broadcasters such as the petitioner at the end of the month.

1. The writ petition has been filed to challenge the constitutional validity of Rule 29(4) of the Copyright Rules, 2013 [for brevity “the Rules of 2013”]. It is not only in reference to Article 19(1)(a) and (g) of the Constitution of India, but by alleging it to be in conflict with Section 31-D of the Copyright Act, 1957 [for brevity “the Act of 1957”].

2. Narrating the facts of the case, Mr. Arvind Pandian, learned Senior Counsel and Mr. Abhishek Malhotra, learn

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