Madras High Court Gives Split Verdict On Star India’s Plea Against TRAI Tariff Order

The Madras High Court yesterday referred to a third judge the petitions challenging Telecom Regulatory Authority of India's March 2017 tariff order related to pricing of television channels offered as a bouquet, after a two-judge bench headed by Chief Justice Indira Banerjee delivered a split verdict in the matter.

Passing orders on the petitions filed by Star India Pvt. and its subsidiary Vijay Television Pvt., the Chief Justice upheld the impugned regulations, the tariff order on pricing and packaging of TV channels offered in a bouquet and a cap on channel prices.

"In my considered view, the challenge to the impugned regulation and the tariff order fails," she said in her order.

The Chief Justice, however, held as "arbitrary" the clause putting a cap of 15 percent on the discount on the maximum retail price of a bouquet and said it was "not enforceable". In his dissenting judgement, Justice M Sundar struck down various provisions in the tariff order which touched upon content of the programmes of broadcasters as not in conformity with the parent TRAI Act.

In view of the dissenting judgement, the Chief Justice referred the matter to the next available judge in order of seniority for nominating the judge before whom the matter may be placed for adjudication.