Karnataka High Court restrains broadcast by Power TV news channel

The Karnataka High Court recently passed an interim order restraining Kannada news channel Power TV and its affiliate Mitcoin Infraprojects from broadcasting content [HM Ramesh Gowda and ors v. Union of India and ors].Justice SR Krishna Kumar passed the interim order on June 25 after arriving at a prima facie finding that their licence to broadcast content on the news channel has not been renewed.The Court also noted that the Central government had already issued a show cause notice to Power Smart Media Private Limited (which operates Power TV) on February 9 this year about the purported failure to renew its licence, and that proceedings in relation to the same were presently pending.“It would be just and appropriate to direct respondent No.3 (Power Smart Media) / respondent No.5 (Mitcoin) and other private respondents (Directors of Power Smart Media and Mitcoin) not to continue with any broadcast and restrain all the private respondents from carrying on any broadcast activity till the next date of hearing,” the Court proceeded to order..The common interim order was passed on two petitions - one filed by Indian Police Service (IPS) officer, Dr. BR Ravikanthe Gowda and the other filed by former Member of the Karnataka Legislative Council and Janata Dal (Secular) leader HM Ramesh Gowda and his wife Dr. A Ramya Ramesh.As per earlier interim orders passed by the Court, the petitioners had argued that they were “victims” of broadcasts by Power TV and that the channel did not have any licence to continue operating.The petitioners, therefore, urged the High Court to order the Central government to halt Power TV from telecasting or broadcasting any news..During an earlier hearing, the Court was told that Mitcoin Infraproject (affiliated with Power TV) has a valid licence to run the show. Therefore, in an order passed on April 23 this year, a coordinate Bench of Justice M Nagaprasanna had allowed the continuance of news broadcasts, stating,“Till the matter is heard and disposed, whoever is possessing the valid licence from the hands of the Competent Authority shall run the show.”.However, during the hearing on Tuesday, Justice Krishna Kumar found that the licence period ended in October 2021 and that there was no document produced to conclusively establish that Mitcoin’s licence was renewed."The private respondents have not produced any material to establish that either their approval/ licence/ permission is valid and subsisting as on today," the Court observed in its order.Justice Kumar was also not convinced by certain documents submitted by Mitcoin’s counsel to argue that it had applied for certain modifications and that the reply to this communication indicated that its licence was still active.“Till we decide it, you don't broadcast. Clients may tell you whatever they want, this is a show-cause notice from the Central government. You will have to contest this. Instead of contesting this, what you do is you give an application for change of something and say that this amounts to renewal?” Justice Kumar orally observed.The matter will be heard next on July 9..[Read orders]