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Bombay HC Declines Republic’s Plea Accusing That Shiv Sena Threatened Cable Operators To Take Channel Off-Air

Accusing that the ruling Shiv Cable Sena threatened cable TV operators that public agitations would take place if the channel is not taken off-air, the network said the operators would halt the transmission bowing to the pressure.

The Bombay High Court, in a setback to the Republic TV Network, declined to entertain a writ petition by Republic TV and Republic TV Bharat proprietor, ARG Outliers against Digital Multi-System Operators (Cable TV Operators).

Republic had sought the Court’s intervention in restraining Cable TV Operators from taking the Network’s channels off air.

Accusing that the ruling Shiv Cable Sena threatened cable TV operators that public agitations would take place if the channel is not taken off-air, the network said the operators would halt the transmission bowing to the pressure.

Jyoti Chavan, the government’s counsel argued that a writ against the Shiv Sena was improper since the Sena was a private entity.

The bench comprising of Justices Nitin Jamdar and Milind Jadhav said that the Network could approach the appropriate law enforcement authority against the Sena’s intimidation.

Apart from this, since Sena was a private entity, it’s threats as alleged had no legal force, and could not impact the contractual relationship between Republic and the Cable TV Operators, nor its license to broadcast, the Court said.

The (…) Shiv Cable Sena is not a statutory authority to either supersede the license granted to the Petitioners or to interfere in the contractual/statutory relationship between the Petitioners and the Cable Network Operators. The communication issued by it has, therefore, no effect in law”, the order read, as reported by Bar & Bench.

Conceding that the Telecom Dispute Settlement Appellate Tribunal would have been the ideal forum to adjudicate its grievances, Republic TV’s Counsel, Senior Advocate Nikhil Sakhardande submitted that the Tribunal was closed till September 18.

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