Karnataka High Court Restrains Broadcasting Of News Channel Power TV Citing No Proof Of License Renewal

The Karnataka High Court has passed an interim order restraining M/s Power Smart Media Private Limited which operates Kannada news channel 'Power TV' from broadcasting until the next date of hearing.

A single judge bench of Justice S R Krishna Kumar passed the order while hearing a petition filed by H M Ramesh Gowda and another. It said “In the light of the undisputed fact that the proceedings have been initiated by the Union of India pursuant to the final show-cause notice dated 09.02.2024, it would be just and appropriate to direct respondent No.3/ respondent No.5 and other private respondents not to continue with any broadcast and restrain all the private respondents from carrying on any broadcast activity till the next date of hearing. Re-list this matter on 09.07.2024.”

The counsel in the petitions pointed before the court that despite proceedings already having been initiated by the Central Government against the companies and other private respondents, they were continuing to broadcast without obtaining necessary approval/ renewal of approval.

The Union of India also submitted that proceedings have already been initiated against M/s Power Smart Media Private Limited and Mitcon Infraprojects Pvt Ltd. Pursuant to the proceedings, a final show-cause notice dated 09.02.2024 has been issued to them and they are contesting the proceedings.

It was also informed to the court that the Central Government has addressed a communication to the Director of the respondent companies informing them that they are not a permitted company from the said Ministry in relation to uplinking and downlinking of a TV channel. This was disputed by the companies claiming they had the necessary permission to broadcast.

Following which the court held “A perusal of the documents produced by respondent No.3 / respondent No.5 including Document No.9 and Document No.11 would indicate that no renewal has been granted in favour of respondent No.3/respondent No.5. In other words, the private respondents have not produced any material to establish that either their approval / licence/permission is valid and subsisting as on today.”

Accordingly it passed the interim order.

Appearance: Senior Advocates Prabhuling K. Navadgi and Sandesh J Chouta for Petitioners.

Deputy Solicitor General Shanthi Bhushan H for R1.

Advocate Kushal Gowda for R3 to R4.

Advocate Swaroop Anand for R5

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