1 wp.1985-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1985 OF 2011 Kamlesh Kumar Srivastav ..Petitioner. Vs. Union of India & Ors. ..Respondents. ----- Mr. Vinod Gangwal i/b Mr. P.C.N. Agarwal, for the Petitioner. Mr. Kiran Kandpile, for Respondent No.1. Mr. Ramesh S. Pandey, for Respondent No.8 Mr. Rahul Arote, for Respondent Nos.13 and 21, Mrs. P.P. Shinde, APP for the State. ---- CORAM: B. H. MARLAPALLE & U.D. SALVI, JJ. AUGUST 08, 2011. P.C.: 1. Heard the learned counsel for the petitioner who prays for directions to the Chief Secretary, Home Department, Government of India to prohibit respondent nos.6 to 23 from illegally broadcasting the TV channels. 2 As per the order dated 8th July, 2011, passed by the Deputy 2 wp.1985-2011 Secretary, Ministry of Information & Broadcasting, BP & L Section, Government of India in an Appeal filed under the Right to Information Act, 2005 by Shri Vinod Gangwal, any TV channel which is not registered under the Down-linking policy guidelines of the Government is illegal and is in violation of Section 5 and Rule 6(6) of the Cable TV Networks (Regulation) Act, 1995 and the Cable Television Network Rules, 1994 respectively. The said order further states that the authorized officers (which include District Magistrates, Sub-Divisional Magistrates and Commissioners of Police) are empowered under the Act to deal with the carriage of unregistered channels and take action for violation. They are also empowered to issue orders prohibiting any Cable Operator from transmitting such unregistered channels under Section 19 of the Cable Act, and can also seize the equipments under Section 11 of the said Act. 3. Thus, if the petitioner contends that some agencies/persons are illegally broadcasting the TV channels, his remedy, at the first instance, is to move the District Magistrate or the Commissioner of Police, as the case may be. There is no material placed on record showing that after the order dated 8th July, 201l, the petitioner has approached the authorized officer seeking action against the unregistered TV Channels. 3 wp.1985-2011 4. Hence, the Petition is dismissed with liberty to the petitioner to approach the District Magistrate or the Commissioner of Police with the list of unregistered TV Channels. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.)