HON’BLE MR. JUSTICE AFTAB ALAM of TDSAT Over Stepped ?


HON’BLE MR. JUSTICE AFTAB ALAM of TDSAT in his Order

TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL
NEW DELHI Dated 2nd September, 2014

Petition No.347(C) of 2014

Appears to have Shifted a Grievance of a Party that has admitted the mistake and apologized on TV9 ApologySample of Its “Bullet News ” Program in Jun 2014 has Broadcast Program in Telugu

Here is the loose translation:

“What would happen if you screen a Hollywood movie in a multiplex to someone who is habituated to watching old movies on touring theatre? Sample this! 

As our leaders saw the State Assembly for the first time from so close a distance, they got perplexed as to what expression befits the occasion – ecstasy, bafflement or horror!

Not just their body language, they became laughing stock even at the oath-taking ceremony!

Let’s go to the Assembly to watch and enjoy the first day first show!

Our Telangana MLAs story is similar to those sour toddy consumers who are offered best foreign brand liquor!

People voted them to power and gave a ‘short-cut entry’ into the Assembly, but the leaders scared them with their very first performance at the oath-taking ceremony!

Not straight out of their beds – thank God for that – but fumbled even to read from a paper when asked to take oath.

And on top of it, Laptops were given to such incompetents!

What will a Langoti (loincloth)-clad person do when offered with a Laptop? Where will he tuck it? Wonder if they shove it inside their loin or sell it somewhere! But the T-MLAs took them with both hands just as a drunkard would crave for spicy pickle!    

MLAs were put to severe hardships and confusion gripped them big time once they entered the Assembly wondering where to sit and how, which way to take for wash-rooms, whether to use papers given as tissues, how to switch-off the ACs etc.!   

And a few others – as soon as they stepped inside the Assembly – stared blankly as if they were sent into the space . 

Not their cup of tea. Need time to get habituated to this!” 

Here is a sample from another program the same channel against Telangana Chief Minister KCR

That I Bow My Head that we needed to finally Share these to fellow Indians to protect our own honor as “Ulta Chor Kotwal Ko Dante” has happenned now !TV9 Apartheid Abuses on Telangana CM & MLANow Lets See What HON’BLE MR. JUSTICE AFTAB ALAM thought about above

So far there is no material before the Tribunal to come even to a prima facie finding that the petitioner’s channels are in breach of any of the provisions of law.

Goes on to say

We direct the State of Telangana and its law enforcing authorities, especially, the Home Secretary, State of Telangana and the Superintendent of Police, Hyderabad to give full protection to the personnel and properties of respondent no.1 and to ensure that no untoward incident takes place as a result of the petitioner’s broadcast.

So What TDSAT has done

– Picked up One side Grievance

– Treated as a Dispute

–  Assumed itself as Court of Law

–  Assumed itself Powers that no Law Vests in it and Law & Order Subject that Even Center Submitted is not in its perview and is a State subject, but strangely center submits stating it agrees with the order that is yet to be done ! and that text is part of the order  (Chicken and Egg of Caged Parrot !)

Lets See what the Constitution of India Say’s about two important subjects that matter

– Freedom of Speech

– Law and Order

Article 19 in The Constitution Of India 1949

19. Protection of certain rights regarding freedom of speech etc

(1) All citizens shall have the right

(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted
(g) to practise any profession, or to carry on any occupation, trade or business
(2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence
So the Justice found decency and morality in the above substance !
and the Justice assumed powers to Order to the State about what it needs to do..
***
My Personal View This Order Deserves Condemnation that Shows the Clandestine Conduct of The Broadcaster, Center acting in tandem with a FIXED agenda that overlooks the essential substance and has brought shame to the authority ..

 

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2 thoughts on “HON’BLE MR. JUSTICE AFTAB ALAM of TDSAT Over Stepped ?

  1. দেবপ্রতিম চক্রবর্তী (@Firing_Line77)

    Sir Very well written ,
    Media Acts as if that they can do anything in the name FOS but no one can question them,Glad KCR has taken them head on .If they seriously used those “ADJECTIVES ” against KCR then they deserve more than that .TRS and all other party must Boycott Times Now and all other channels who doesn’t let others to speak in their defense .

    P.S
    Sir why you have blocked me on Twitter i have never been rude to you ? :))

    Reply

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