Karnataka High Court Restrains Power TV News Channel from Broadcasting
The Karnataka High Court recently issued an interim order restraining the Kannada news channel Power TV and its affiliate Mitcoin Infraprojects from broadcasting content [HM Ramesh Gowda and ors v. Union of India and ors].
Justice SR Krishna Kumar passed the interim order on June 25, based on a prima facie finding that their licence to broadcast content on the news channel had not been renewed.
The Court noted that the Central government had already issued a show cause notice to Power Smart Media Private Limited (which operates Power TV) on February 9 regarding the alleged failure to renew its licence, and that proceedings were currently pending.
“It would be just and appropriate to direct respondent No.3 (Power Smart Media) / respondent No.5 (Mitcoin) and other private respondents (Directors of Power Smart Media and Mitcoin) not to continue with any broadcast and restrain all the private respondents from carrying on any broadcast activity till the next date of hearing,” the Court ordered.
The interim order was issued in response to two petitions—one filed by Indian Police Service (IPS) officer Dr. BR Ravikanthe Gowda, and the other by former Member of the Karnataka Legislative Council and Janata Dal (Secular) leader HM Ramesh Gowda and his wife Dr. A Ramya Ramesh.
In earlier interim orders, the petitioners argued that they were “victims” of broadcasts by Power TV and that the channel did not have a valid licence to continue operating.
The petitioners, therefore, urged the High Court to order the Central government to stop Power TV from telecasting or broadcasting any news.
During an earlier hearing, it was contended that Mitcoin Infraprojects (affiliated with Power TV) had a valid licence to operate. Consequently, in an order passed on April 23, a coordinate Bench of Justice M Nagaprasanna allowed the continuance of news broadcasts, stating, “Till the matter is heard and disposed of, whoever is possessing the valid licence from the hands of the Competent Authority shall run the show.”
However, during the hearing on June 25, Justice Krishna Kumar found that the licence period ended in October 2021, and there was no document to conclusively establish that Mitcoin’s licence had been renewed.
“The private respondents have not produced any material to establish that either their approval/licence/permission is valid and subsisting as of today,” the Court observed in its order.
Justice Kumar was also not convinced by certain documents submitted by Mitcoin’s counsel, which were intended to argue that the company had applied for modifications and that the reply to this communication indicated its licence was still active.
“Till we decide it, you don’t broadcast. Clients may tell you whatever they want, this is a show-cause notice from the Central government. You will have to contest this. Instead of contesting this, what you do is you give an application for change of something and say that this amounts to renewal?” Justice Kumar orally observed.
The matter is scheduled to be heard next on July 9.
