IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP NO.14012 OF 2007

Date of Decision: August 13, 2008

H.C.Arora

Versus

Union of India and others

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Coram:

Hon’ble Mr.Justice T.S.Thakur, Chief Justice and

Hon’ble Mr.Justice Surya Kant.

Present:

Shri H.C.Arora, Petitioner in person

Shri Sarabjit Singh, Central Government Standing Counsel

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T.S.Thakur, CJ (Oral)

This petition has been filed in the Public Interest. It prays for a

Mandamus directing respondents No.1 and 2 to evolve an appropriate Code of

Conduct/ “Contents Code”, or some other self-regulatory mechanism for private

television/news channels for preventing glorification of crime, violence and vice,

which dominate these channels as excessive telecast of such stories on these

channels is bound to encourage anti-social activities and exert a harmful

influence on persons of impressionable age.

In the reply filed on behalf of the respondents-Union of India, it is

inter alia stated that a committee has been constituted for reviewing programme

and advertising Codes prescribed under the Cable TV Network (Regulation) Act,

1995 and the rules framed thereunder and the guidelines for certification of

filmes prescribed under the Cinematography Act, 1952. A new “Contents Code”,

it appears, is being drafted by the said Committee with a view to giving greater

specificity and detail and to introduce new provisions considered necessary as

per contemporary community standards to facilitate self regulation among

T.V.Channels. This Committee among others consists of representatives of

Broadcasting organizations, Civil Society groups and consumer fora. The draft

CWP NO.14012 OF 2007

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of the proposed “Contents Code” as prepared by the Committee has been

posted on the website of the Ministry of Information and Broadcasting at

www.mib.nic.in

. Representations and suggestions are still being received by the

authorities both for and against the code. The counter affidavit goes on to state

that the issue of violence, crime and horror serials is in the process of being

considered by the Committee. It denies the allegation that the proposted

“Contents Code” would have nothing to do with the stories and serials of crimes

being telecast.

Mr.H.C.Arora, who appears in person submits that in the light of the

avrments made in the counter affidavit and the fact that the process of redrafting

the “Contents Code” by the Committee referred to in the counter affidavit is

afoot, it is not necessary for this Court to issue any specific direction on the

subject except that any suggestion which the petitioner may have to make in

relation to the said Code may also be considered by the Committee concerned.

He submits that he would make his suggestions in relation to the proposed

Contents Code in writing and send the same to the Secretary, Government of

India, Ministry of Information and Broadcasting, New Delhi which could then be

considered at the appropriate level.

Shri Gurpreet Singh, counsel appearing for the Government of

India has no objection to the course of action proposed by Mr.Arora, being

followed. He submits that if any suggestions are received from the petitioner

within the time frame fixed by the Court, the same shall also be referred to the

Committee for consideration and if considered feasible incorporated in the

“Contents Code”.

In the circumstances, therefore, and keeping in view the

submissions made at the Bar, we consider it unnecessary to issue any specific

direction regarding the need for regulation of the so called programmes in

exercise of our Public Interest Jurisdiction. All that we need say is that the

petitioner is free to make suggestions, if any, for incorporation in the “Contents

Code” by the concerned Committee, within two weeks from today. In case any

such suggestions are addressed to the Secretary to Government of India,

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Ministry