Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
The direction given by the High Court in the order impugned is quoted hereunder: "14. We cannot agree with Mr. Sibals's arguments that TPSAT is incompetent to address challenges based on the violation of fundamental rights. There is a fundamental distinction between enforcing fundamental rights. and exercising judicial review concerning those rights. In the former case, only constitutional courts have the authority to enforce fundamental rights. However, regarding judicial review based on fundamental rights parameters, any authority with review power can determine whether a decision or order aligns with fundamental fights or applicable law. Therefore, we conclude that the challenge to the regulation must fail in light of the binding judgment." We grant the appellants the liberty to challenge the Tariff Order before TDSAT. {Para 3}
IN THE SUPREME COURT OF INDIA
Petitions for Special Leave to Appeal C No. 27269/2024
Date of Order: 29.11.2024
Indian Broadcasting and Digital Foundation and Ors. Vs. The Telecom Regulatory Authority of India and Ors.
Hon'ble Judges/Coram:
Pamidighantam Sri Narasimha and Sandeep Mehta, JJ.
Citation: MANU/SCOR/134339/2024
1. Heard Mr. Mukul Rohatgi and Mr. Amit Sibal, learned Senior Counsels appearing for the petitioner(s) and Mr. Tushar Mehta, learned Solicitor General assisted by Mr. Maninder Singh, Sr.
Advocate appearing for the respondents.
2. Mr. Mukul Rohatgi, assisted by Mr. Amit Sibal has submitted that the 2017 Regulations that have been upheld in the decision of this Court in Star India Pvt. Ltd. v. Department of Industrial Policy and Promotion and Ors.1 have become vulnerable due to passage of time and the legality and validity of the said Regulation can only be examined by the High Court as per the decision of this Court in BSNL v. Telecom Regulatory Authority of India and Ors.2
. Having considered the matter in detail we are of 1 (2019) 2 SCC 104 2 (2014) 3 SCC 222 the opinion that the High Court has not committed any error in arriving at its decision. The petitioners are at liberty to challenge the 2017 Tariff Order before the Telecom Regulatory Authority of India. The question of law raised by Mr. Mukul Rohatgi and Mr. Amit Sibal, learned senior counsels are kept open for being considered at an appropriate stage.
3. The direction given by the High Court in the order impugned is quoted hereunder: "14. We cannot agree with Mr. Sibals's arguments that TPSAT is incompetent to address challenges based on the violation of fundamental rights. There is a fundamental distinction between enforcing fundamental rights. and exercising judicial review concerning those rights. In the former case, only constitutional courts have the authority to enforce fundamental rights. However, regarding judicial review based on fundamental rights parameters, any authority with review power can determine whether a decision or order aligns with fundamental fights or applicable law. Therefore, we conclude that the challenge to the regulation must fail in light of the binding judgment." We grant the appellants the liberty to challenge the Tariff Order before TDSAT.
The learned Senior Counsel, Shri Santhosh Mathew, representing appellants. 4 and 5, requested that the interim order issued by this Court be maintained to allow the appellants to approach TDSAT should any adverse orders arise from this Court. Taking note of the request as above, we order that coercive steps shall be deferred for a period of two weeks to enable the appellants to invoke alternate remedy."
4. Mr. Amit Sibal, submitted that the protection granted by the High Court in the above referred paragraph may be extended by two more weeks.
5. The prayer is accepted, and we direct that the interim order passed by the High Court be maintained for a period of three weeks from the date of the passing of this order.
6. With the above directions, the Special Leave Petition is dismissed.
7. Pending applications, if any, shall stand disposed of.
