03 August 2018
Challenge to the TRAI Regulations made in Delhi High Court- Stay not granted to Direct to Home (DTH) Operators due to pendency of the Challenge to the Regulations on the issue of Copyright in the Hon’ble Supreme Court
The matter was listed before the division bench of Delhi High Court comprising of justice Sanjiv Khanna and Justice Chander Shekhar.

Ld. Senior counsel Mr. Kapil Sibal appearing on behalf of the Petitioner No.2 , Tata Sky stated that there was a clear distinguishing factor between the present writ petition and the case pending at Hon’ble Supreme Court stood on different footing with regard to their subject matter(s). This view was also supported by Ld. Senior counsel Mr. Amit Sibal appearing on behalf of Petitioner No. 1 – Bharti Telemedia while adding the fact that the order dated 20.01.2017 by the Hon’ble Apex Court categorically stated that in case TRAI would receive a favourable order from the Madras High Court it would have to seek the leave of the Hon’ble Supreme Court before notifying the impugned notifications.

The Ld. Senior Counsel appearing for TRAI submitted that as the Apex Court in a matter challenging the same regulations has given time till 28.08.2018 to complete the pleadings on the limited issue of stay of the Regulations. Thus, it would be only appropriate that the Hon’ble Delhi High court would wait for the decision of the Hon’ble Supreme Court in order to prevent any damage caused to any party.

Appearing on behalf of All India Digital Cable Federation as an intervenor Ld. Senior Counsel Mr. Ramji Srinivasan contended that only the parties appearing on the sides of the Petitioners and Star India are aggrieved with the regulations and hence there exists no legitimate challenge as the majority is in compliance with the Regulations.

On sensing the intricacies involved in the present petition the Ld. Bench, while taking into account the assurance given by TRAI that no action shall be taken against the stakeholders has posted the matter for hearing on the stay for 06.09.2018.