IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 OP.No. 12059 of 1999(I) PETITIONER(S): D.B. BINU, EDITOR, « NIYAMA SAMEEKSHA, PROVIDENCE ROAD, KOCHI-18. BY ADV. SRI.P.K.IBRAHIM RESPONDENT(S): 1. UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF INFORMATION AND BROADCASTING, SHASTRI BHAVAN, A WING, NEW DELHI-1. 2. THE CHIEF EXECUTIVE OFFICER, PRASSAR BHARATI (BROADCASTING CORPORATION OF INDIA), AKASHAVANI BHAVAN, PARLIAMENT STREET, NEW DELHI-1. 3. THE DIRECTOR GENERAL, ALL INDIA RADIO, AKASHAVANI BHAVAN, PARLIAMENT STREET, NEW DELHI-1. 4. CHIEF ENGINEER, ALL INDIA RADIO, DO. DO. 5. THE CHIEF ENGINEER (SOUGH ZONE), ALL INDIA RADIO & DOORDHARSHAN, CHENNAI. 6. STATION DIRECTOR, ALL INDIA RADIO, KOCHI-21. 7. ASSOCIATION OF RADIO & T.V. EMPLOYEES, REP. BY ITS UNIT SECRETARY, MR. K.K. MAHESH – IMPLEADED AS PER ORDER DT. 7-7-1999 IN C.M.P. 27689/99. 8. THE STATION ENGINEER, ALL INDIA RADIO (AKASHAVANI) F.M. STATION, THRIKKAKARA,KOCHI-682021 – IMPLEADED AS PER ORER DT. 9-7-1999 IN C.M.P.28181/1999. ADV. SRI.P.S.SREEDHARAN PILLAI, SCGSC FOR R1 SRI.K.GEORGE SRI.ANSAR SRI.JOHN VARGHESE, ASSISTANT SG FOR R1 TO R6 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 12059/1999. ---------------------------------------------------------------- EXT.P1 PHOTO COPIES OF NEWS AND REPORTS. EXT.P2 REPRESENTATION BEFORE R1. EXT.P4 ORDER DT. 24-6-1997. RESPONDENTS' EXHIBITS: ------------------------------------ EXT.R-1A TRUE COPY OF ORDER. EXT.R7(a) O.M. ISSUED BY GOVERNMENT OF INDIA. EXT.R7(b) ORDER DT. 12-2-99. EXT.R7(c) COPY OF WORKING INSTRUCTIONS. EXT.R7(d) ORDER DT. 5-7-1989. EXT.R7(e) ORDER DT. 5-7-1989. EXT.R7(f) ORDER DT. 7-7-1989. EXT.R7(g) ORDER ISSUED BY MINISTRY OF INFORMATION AND BROADCASTING. EXT.R7(h) ORDER DT. 24-2-1999. EXT.R7(i) DETAILS SHOWING STAFF STRENGTH OF L.R.S. KOCHI. EXT.R7(j) 'g' SHEET DURING MORNING TRANSMISSION. EXT.R7(k) 'Q' SHEET AFTER STOPPING OF MORNING TRANSMISSION. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 12059 of 1999 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th October, 2008. J U D G M E N T The petitioner filed this original petition complaining that the broadcasting from Kochi F.M. Station has been stopped without proper reasons. The petitioner, therefore, sought the following reliefs: “i) Declare that the classification of F.M. Station, Kochi as Local Radio Station is arbitrary and illegal; ii) issue a writ in the nature of mandamus commanding the respondents 1 to 5 to confer on the F.M. Station, Kochi the status of Regional Radio Station/or Sub Regional Radio Station and provide all facilities required to function the station with that status; iii) issue a writ in the nature of mandamus commanding the respondents to take immediate action for starting the commercial broadcasting Station, Kochi, with its own independent programmes by providing required number of staff and other such facilities; iv) issue a writ of mandamus commanding the respondents 1 to 6 to start the morning transmission of F.M. Station, Kochi forthwith; v) issue a writ of mandamus commanding the 6th respondent to restore the daily bulletin of Court news under “Kodathy Varthakal” being part of imparting legal education which is a State obligation under Article 21 of the Constitution of India.” 2. Learned counsel for the petitioner submits that although broadcasting has been restored, the respondents have not provided adequate facilities as promised. He points out that in the counter affidavit, in paragraph 5, the respondents themselves had stated thus: “ . . . . . Besides the importance of Kochi, more important factors are the availability of staff in all category, transport vehicles, funds, more number of studios and other essential infrastructure facilities, none of which so far has been provided to commence the morning programmes at Kochi. Yet out of deference to this Hon'ble court's orders without sufficient facilities, steps have been taken to commence the morning transmission from 15.7.1999, but continuance of the same depends on the aforesaid facilities being made available to Kochi immediately. It may take some time for the Directorate to post the staff, to provide the funds, and to allot O.P. No. 12059/1999 -: 2 :- vehicles etc., which cannot be done all on a sudden. In the circumstances, it is respectfully submitted that the respondents will be considering the resumption of morning transmission in its proper perspective and will address themselves on the question of providing the aforesaid facilities subject to the financial constraints, at the earliest.” According to the petitioner, the facilities as stated therein, have not been provided. 3. I have heard both sides. I am of opinion that after having undertaken to provide the facilities, the 2nd respondent has a duty to comply with the same. In the above circumstances, I dispose of this original petition with a direction to the 2nd respondent to consider restoration of all facilities as stated in paragraph 5 quoted above. Appropriate steps shall be taken and completed within three months from the date of receipt of a copy of this judgment. S. Siri Jagan, Judge. Tds/