Datar: There is statutory law & common law of contempt. Article 215 gives My Lords the power to deal with contempt beyond the Contempt of Court Act.
Datar is referring to judgments now and citing them before Court.
Datar: I understand your lordships concern, that once reputation of a person is slashed due to a telecast, what can be done?
The HC or civil courts have the power to grant injunctions, even at a pre-trial stage....
Bench: Why shouldn't the Government step in before the Court? And if you want the Court to direct the Union, then you must point out our jurisdiction to do so.
Datar says that the court has jurisdiction under Articles 142 & 226.
Bench: If self-regulation fails, the only path to take for an aggrieved citizen is to approach the Court?
Datar: Just because one channel (Republic) has refused to follow the order of NBSA, does not mean that it does not have teeth. Even in case of Tablighi Jamaat coverage, as soon as an advisory was issued that the coverage must be stopped, all channels immediately stopped.
Advisory was issued in the Ayodhya case, says Advocate Bhambhani, adding that one more channel had left ages ago as well.
If you keep this escape route open (for channels), there will be nothing left in this self-regulating mechanism, says Court.
Datar says that even if the channels are not members, they will still come under the I&B Ministry.
Court says that the Authority must take more stringent paths for making sure there is enforcement.
Court gives example of how doctors are made to execute a bond after they get through PG course, wherein they have to put in rural service for their certificate.
All important channels have always complied with order and they have been followed for more than a decade, says Datar
"What can be done in cases where channels refuse?" asks the bench
"What if broadcaster refuses to pay fine?" The bench asks.
Advocate for NBSA says that it has never happened except once when Republic TV walked out from the NBA & refused to pay the fine and give apology & went on to form the NBF instead.
Bombay HC: We want to know the process and how enforcement is down by the Authority?
Complaints served on channels and then hearing take place, following which orders are passed, responds Datar.