International Law

The show must go on

By Apar Gupta

A recent post titled as ?who?s the boss??, discussed the petition filed by Viacom challenging the Order issued by the Ministry of Information and Broadcasting (MIB) which demanded that the show, Big Boss be shifted from the prime time viewing slot of 9 p.m. to the late time viewing slot of 11 p.m. The post outlined as to how the Hon?ble Bombay High Court had issued a notice to the MIB and stayed the Order to shift the show timings on the grounds that the Order was in violation of the principles of natural justice.

The post alluded to the tendency of various government bodies to exercise powers in a knee jerk fashion, disregarding legal procedures. Specific reference of the powers to prohibit publications (ban books) under Sec. 95 of the CrPC was made on this point. Alongwith the tendency to disregard constitutional mandates for the sake of expedient action, it was also highlighted that when such evidently illegal actions are judicially examined the Order is recalled and a fresh one is issued after complying with the legal procedures. Even the Big Boss litigation seems to have trekked the same predictable route. Rather than defend its initial Order the MIB by its submissions recorded in the Bombay High Court Order dated 8th December, 2010 has agreed to issue a show cause notice to the Petitioner (the show producers and the channel) and asked for a response. See the Order of the Hon?ble Bombay High Court dated 08.12.2010 below:

This litigation may have ended, but if I had to make an educated guess, I would say an Order will be passed by the MIB again asking the show to be shifted after complying with the procedural niceties. Predictably, it will be challenged again. This legal reality show will quite easily go into season 2.

Full post as published by India Law & Tech on December 10, 2010 (boomark / email).