Supreme Court Sends JioStar Back to Delhi High Court in TRAI Tariff Framework Dispute

The Supreme Court of India has requested that JioStar India Pvt Ltd go to the Delhi High Court to explain why it does not wish to modify its ongoing petition by disputing certain sections. The framework for regulating the price of television channels set out by the Telecom Regulatory Authority of India (TRAI).

The transfer petition of the broadcaster was decided upon on August 4th by a Bench consisting of Justice V Mohana, Chief Justice Surya Kant, and Justice Joymalya Bagchi. The decision was made after suggesting that it take its case to the Delhi High Court. Karanjawala and Co. was the law firm that represented JioStar before the Supreme Court.

Jio Not Happy with TRAI’s Framework

In this lawsuit, JioStar contested several provisions of TRAI's rules regulating the price of television channels. This pricing covers the various aspects of cable and direct-to-home (DTH) distribution, such as tariff orders, maximum retail price (MRP) caps, and discount structures. On behalf of the network, renowned lawyer Mukul Rohatgi contended that the rules and regulations should be considered as one cohesive whole.

The fundamental reason is that, despite coming from separate sources of authority, the regulations and tariff orders are highly related. He informed the judge that a high court has authority over TRAI regulations because they are delegated laws. On the other hand, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) can hear challenges to tariff rulings because they are administrative procedures. He claimed that the issuance of both a tariff order and a rule occurred at the same time. One involved the use of authority in the legislative branch, and the other in the executive branch.

Joi Not Satisfied with Delhi HC’s Direction

Initially, JioStar went to the Delhi High Court in 2014 and 2015 to contest TRAI's tariff rulings and regulations. The petitions were left unresolved since the Supreme Court was already deliberating over matters connected to the TDSAT hearings. After that, the Delhi High Court reportedly told the station to revise its applications.

The Delhi HC continued to levy expenses even though it maintained that no changes were required. Rohatgi asked the Bench, "Why costs?" on multiple occasions to get to the bottom of why the fees were imposed. The order, he contended, showed that the court had previously decided that the petitions would be unsuccessful. Nevertheless, the transfer motion was turned down by the Supreme Court, which instead suggested that the broadcaster contact the Delhi High Court for further explanation.

After Rohatgi informed the SC Bench that JioStar would be withdrawing the transfer suit, the company would proceed to file the necessary paperwork with the Delhi High Court.