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SC Asks JioStar To Approach Delhi HC Over TRAI Framework (Img: X)
New Delhi: The Supreme Court on Tuesday directed JioStar India Pvt Ltd to approach the Delhi High Court in its ongoing legal dispute over the Telecom Regulatory Authority of India's (TRAI) television tariff framework. The court disposed of JioStar's transfer petition after asking the broadcaster to place its request before the high court.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana heard JioStar's plea regarding pending challenges to parts of TRAI's regulatory framework governing television channel pricing.
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The dispute relates to TRAI's regulatory regime, including tariff orders, maximum retail price (MRP) limits and discount structures applicable to cable and direct-to-home (DTH) platforms.
JioStar had earlier filed petitions before the Delhi High Court in 2014 and 2015 challenging certain TRAI regulations and tariff orders. However, those matters remained pending due to related proceedings before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) and the Supreme Court.
Appearing for JioStar, senior advocate Mukul Rohatgi argued that TRAI's regulations and tariff orders were closely connected but had different legal foundations.
He said regulations were a form of delegated legislation and could only be challenged before a high court, while tariff orders were administrative decisions that came under the jurisdiction of TDSAT.
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Rohatgi also raised concerns over TRAI's definition of a subscriber under the framework, arguing that commercial establishments such as luxury hotels should not be treated the same as residential households for pricing purposes.
During the hearing, the Supreme Court asked JioStar to approach the Delhi High Court and file an application stating that it did not wish to amend its pending petitions.
"Move an application before the high court stating that you do not wish to amend your petition," the Chief Justice told the broadcaster.
Following the direction, JioStar agreed to withdraw its transfer petition and approach the high court through an appropriate application, while making it clear that it was not abandoning its legal challenge.
