The petition under the Copyright Act in the Madras High Court challenging the jurisdiction of the Telecom Regulatory Authority of India is to be heard on 15 March 2017 as the regulator has sought more time to file a counter-affidavit in the matter.
The time was also sought for more time as both Star India and Vijay TV amended their plaint and prayer in the light of the order of the in the light of the Supreme Court vacating the stay order earlier granted by the High Court. The Court had initially adjourned to 17 March but preponed it to 15 March as one counsel said he would not be available on 17 March.
The broadcasters have pleaded that the regulator has no jurisdiction over matters relating to intellectual property rights.
The Bench comprising Justice S Nagamuthu and Justice Anitha Sumanth was informed by All India Digital Cable Federation (AIDCF) counsel A L Sundaresan and Star counsel P S Raman about the proceedings in the appeal by TRAI in the apex court. TRAI was represented by P Wilson while Additional Solicitor General G Rajagopalan represented the Central Government.
Even as TRAI objected to the amendment and sought time for a counter, AIDCF informed the court that the notification itself provides that the effective provisions will come into effect after 30 days from date of publication (or in some cases, more than 30 days), hence the stay should not be granted. AIDCF also submitted that even on merits, a stay ought not to be granted.
AIDCF informed the Court that Star may be directed to furnish copies of all documents and pleadings filed, to which the judge orally informed the counsel for Star to furnish the same. – Dream DTH