Maintaining that there was “no conflict of interest” in allowing Telecom Regulatory Authority of India to regulate broadcasting services as well, the Supreme Court on Thursday upheld a Delhi High Court order to that effect. Now TRAI can regulate the broadcasting sector along with telecommunication, till the Government enacts a Broadcasting Act or a Convergence Bill to regulate telegraph, telecom and broadcasting sector. Earlier, the petitioner, Star India, aggrieved by an amendment to the Telecom Act that empowered the Government to bring broadcasting services within the ambit of TRAI, challenged it before the Delhi High Court. However, the high court dismissed the petition on July 9. Holding that there was no “conflict of interest,” a bench comprising Justices H K Sema and Markandeya Katju said: “We should respect the Parliament. We cannot question it.” Appearing for Star India, senior advocate F S Nariman contended that the amendment to the Telecom Act was unconstitutional and the proviso introduced in the Act was contrary to what was envisaged in the original Act. “The amendment amounts to re-writing the Act,” he argued as he pointed out that Telecom Act had excluded broadcasting services, but after amendment the services were brought under the TRAI’s ambit.
