On November 14, the Supreme Court clarified that the Karnataka High Court’s division bench did not extend the interim order previously issued by a Single Judge that restrained Kannada news channel Power TV from broadcasting.
Supreme Court’s Observations
A bench of Justice Abhay S. Oka and Justice Augustine George Masih noted that the division bench, in its July 3, 2024, order, recorded that the original writ petitioners (HM Gowda and A. Ramya Ramesh) had withdrawn their petitions. As such, the Single Judge’s interim order ceased to exist. The Court stated:
“Prima facie, on a plain reading of the operative part of the order, we find that the order of the learned Single Judge was not continued while disposing of the appeals and, in fact, what is recorded is that the original writ petitioners withdrew the writ petitions.”
The Supreme Court also confirmed that the competent authority could act on the show-cause notice issued to Power TV on February 9, 2024, despite its earlier stay on the High Court orders.
Background of the Case
License Issue: Power TV has been broadcasting without a valid license since October 2021, prompting the Union Government to issue a show-cause notice on February 9, 2024.
Interim Order: On June 26, 2024, a Single Judge of the Karnataka HC restrained Power TV’s broadcast following petitions by HM Gowda and A. Ramya Ramesh, citing the pending show-cause notice.
Division Bench Directions: On July 3, 2024, the HC’s division bench allowed Power TV to respond to the show-cause notice and directed the competent authority to resolve the issue within six weeks. Based on these directions, the original petitioners withdrew their writ petitions.
Supreme Court’s Stay on HC Orders
On July 12, 2024, the Supreme Court stayed the Karnataka HC’s orders, hinting at potential political motives behind the actions against Power TV. It referred to allegations that the channel was restrained from broadcasting stories on sex scandals involving JD(S) leaders.
November 14 Hearing
During the November 14 hearing, counsel for the original petitioners argued that Power TV continued to broadcast despite the Single Judge’s interim order. However, the Supreme Court clarified that the division bench did not continue the interim restraint.
The Court further stated that the original petitioners are free to seek clarification or modification of the division bench’s judgment.
Next Steps
The Supreme Court has scheduled the hearing of the Special Leave Petitions (SLPs) for March 4, 2025, to address the ongoing broadcast restrictions and related issues.
Case Details:
Case Title: M/S. Power Smart Media Pvt. Ltd. and Anr. v. Union of India and Anr.
Case No.: Special Leave to Appeal (C) Nos. 14255-14256/2024
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