Judgment : Banerjee, J. : This is an application for stay of operation of the order passed by the learned trial Judge on 8th and 9th November, 1993 passed on the writ application filed by the Doordarshan and others. The learned trial Judge heard the matter along with the another application filed by some prominent individuals to ensure telecast of the matches for the benefit of the viewers in India. At this stage, we are not proposing to go on merits of the rival contentions of the parties for the purpose of the disposal of this application it is necessary for us to set certain relevant facts. 2. At the very out set the order passed by the learned trial Judge on 8th and 9th November, 1993 are set out hereinbelow :- "Let this matter appear tomorrow at the top of the list irrespective of any part heard and specially fixed matter, as prayed for by Mr. Kundu, learned advocate appearing on behalf of Union of India that he is to take necessary instruction in the matter. The petitioners are directed to serve two copies of this writ petition upon Mr. Kundu by today. Mr. Chatterjee submits that two copies of this writ petition have already been served upon Mr. Kundu which Mr. Kundu acknowledges the same." 3. There will be an interim order of injunction in terms of prayer 'I' and 'J' to this writ petition till day after tomorrow. However, I make it clear that this interim order will not prevent "Doordarshan from telecasting system arrived at between the C.A.B. and T.W.I." ".........Accordingly, I find no reason to vacate the interim order passed by this Court yesterday and I make it clear that this will continue and the respondents Nos. 1 and 3 to 9 are also restrained from interfering with the frequency lines given to respondent No. 10, as per the request m1de by the respondent No.9, by the INTELSAT, Wasington, U.S.A. Specially after the respondent No.9 had accepted the necessary fees and had informed the respondent No. 10 that it had made all necessary arrangements for telecasting of Cricket Matches of the said Tournament by the respondent No. 10. Since this order is made in presence of the learned counsel appearing for Doordarshan and also in presence of Sri K. Kunnikrishnan, Controller of programmes (Sports) the petitioner need not communicate this order to the respondents." 4. Since this order is made in presence of the learned counsel appearing for Doordarshan and also in presence of Sri K. Kunnikrishnan, Controller of programmes (Sports) the petitioner need not communicate this order to the respondents." 4. Let a plain copy of the operating portion of this order duly countersigned by the Assistant Registrar (Court) be given to the ld. Advocates for the parties. 5. The interim order will continue until further orders. Let this matter appear before the regular bench immediately after reopening. 6. Mr. R. N. Das, Learned Counsel appearing fur and on behalf of the Union of India and others including the Director General of Doordarshan, appearing with Mr. B. Bhattacharyya and Mr. Prodosh Mallick submitted, inter alia, that the Doordarshan authority is very much included and keen to telecast the Hero Cup Matches in which several parties from abroad are participating including India. But it was pointed out that some difficulties have been created by Cricket Association of Bengal in entering into an agreement with Trans World International (U.K.) INC. World Production, the Respondent no. 10 of the writ petition wherein the Cricket Association of Bengal has given exclusive right to telecast to that authority. It was submitted by Mr. Das that under Section 4 of the Indian Telegraph Act, 1985, the Central Government have the exclusive privilege of establishing, maintaining and working Telegraph and that it was further submitted that the expression 'telegraph' includes telecasts through Doordarshan. It. was further provided that proviso to Section 4(1) of the said Act provides that the Central Government "may grant alienee on such conditions and in consideration of such payments as it thinks fit to any person to establish, maintain or work a telegraph within any part of India. Relying upon the provisions it was submitted that neither the CAB nor the TWI respondent no. 10 of the writ application, have obtained any licence for the purpose of telecasting the matches direct from India. 7. In this connection our attention has been drawn to letter dated 31st March, 1993 written by Controller of poog (Sports) for an on behalf of Director General of Doordarshan, India. The contents of the said letter is set out below : "Kindly refer to your letter dt. 19.3.93 regarding the six nations Cricket Tournament in November, 93 as a part of Diamond Jubilee Celebration of the Cricket Association of Bengal. The contents of the said letter is set out below : "Kindly refer to your letter dt. 19.3.93 regarding the six nations Cricket Tournament in November, 93 as a part of Diamond Jubilee Celebration of the Cricket Association of Bengal. This is to request you to kindly grant the STAR TV getting it at the cost of Rs. 1 Crore (Rs. 10 Million). We would be in a position to create the host broadcasters signal and undertake live telecast of all the matches in the Tournament". 8. In paragraph 16 of the writ petition it was stated that the said message as was communicated to the writ petitioners under cover of letter dated 31st October, 1993 which is set out below. "Inspite of the fact that such demand was highly improper, arbitrary, mala fide, illegal and wrongful in nature the petitioners considering the national interest agreed to pay and meet such wrongful demand of Doordarshan subject to its agreeting to allow the petitioners to retain at other payments generated from the Matches and Time Slots for advertisements. 9. Further attention was drawn to a Fax message by the Chief producer, Doordarshan, Calcutta on 31st October, 1993, which is set out below. 10. Doordarshan will not pay access fee to CAB to telecast six national Cricket Tournament. However, if Doordarshan Telecast the matches life CAB has to pay technical/production fee at the rate of Rs. Five Lakhs per match. In that case Doordarshan will haveexclusive right for the signal generated and the parties interested to take the signal will have to negotiate directly with Doordarshan". 11. In reply to the said letter the president of the CAB wrote letter to the Controller of Programmes (Sports). The contents of the said letter is set out below : "We have received a message from your Directorate through the Chief Producer, Doordarshan, Calcutta on 31st October, 1993 which reads as follows. Doordarshan will not pay access fees to CAB to telecast six nation Tournament. However, if Doordarshan Telecast the Matches live CAB has to pay Technical/Production fees @ Rs. 5 lakhs per match. In that case Doordarshan will exclusive right for the singal generated, and the parties interested to take the signal will have to negotiate directly with Doordarshan." 12. Doordarshan will not pay access fees to CAB to telecast six nation Tournament. However, if Doordarshan Telecast the Matches live CAB has to pay Technical/Production fees @ Rs. 5 lakhs per match. In that case Doordarshan will exclusive right for the singal generated, and the parties interested to take the signal will have to negotiate directly with Doordarshan." 12. Your message is not very clear and we gather the following impressions, which we would request you to please confirm before we could consider your offer. (a) Since you have asked fees for production and telecast of match, it is presumed that all revenue generated from the match or entire time slot for advertisements available during, the match would belong to us. Moreover we shall have the right to charge access fees including other charges from parties abroad, (b) You would telecast those match for which we shall pay you the charges. But the choice of the matches to be telecast by Doordarshan would be determined by us. 13. We await your early confirmation since the time at our disposal is further short, with the tournament commencing on 7th November, 1993. Further our attention was drawn to a communication made by the Assistant Director General (MR) Department of Telecommunication, Government of India addressed to Sri Debendar Singh under Secretary, Central Board of Excise and Customs, New Delhi on 27th October, 1993 in which it was stated as follows: "Kindly refer to your D. O. letter No. 463/86/93-CUS V. dated 25.10.93 regarding permission to the Cricket Association of Bengal (CAB for temporarily importing electronic production equipments required for transmission of one day matches of the Hero Cup as part of Diamond Jubilee Celebration started from November 7 to 27, 1993. This is to convey no objection of the Ministry of Communication to the proposal subject to the organisers co-ordinating with WPC (D. O. T. for frequency clearance from the "Standing Advisory Committee on Frequency Allocation SACFA" fur TV uplinking from different places and co-ordinating with Videsh Sanchar Nigam Ltd. (VSNL) Bombay for booking of T. V., transporders etc." 14. This is to convey no objection of the Ministry of Communication to the proposal subject to the organisers co-ordinating with WPC (D. O. T. for frequency clearance from the "Standing Advisory Committee on Frequency Allocation SACFA" fur TV uplinking from different places and co-ordinating with Videsh Sanchar Nigam Ltd. (VSNL) Bombay for booking of T. V., transporders etc." 14. Incidentally it may be mentioned that VSNL respondent No.9 in Writ application who were negotiating with the respondent No. 10 (TWI) that for the purpose of granting right to telecast from India to abroad in respect of the matches in India during November 1993, Via 57 DEG East Satellite XPPR-XV-33/38 and for that purpose a time schedule was prepared. Pursuant to the VSNL demanded a sum of U. S. 29,640 and 11,400 £ dated 29th October, 1993 which sum was duly paid by TWI to VSNL by cheques and Bimal Chatterjee, learned counsel appearing for and on behalf of VSNL has admitted that such payments had been made by Cheque by TWI. It appears that after all these things had happened because of the disputes and differences between the parties neither the Doordarshan could not undertake to telecast the live matches of this Hero Cup matches nor the TWI was a permitted from telecasting for International viewers. Having heard the learned counsels for the respective parties we prima facie find that there are two dimensions of the problem. First is right to telecast by Doordarshan within India and the right of TWI to telecast outside India for viewers outside India. 15. As it appears that the Doordarshan was agreeable to telecast the matches live for India on a consideration of Rs. First is right to telecast by Doordarshan within India and the right of TWI to telecast outside India for viewers outside India. 15. As it appears that the Doordarshan was agreeable to telecast the matches live for India on a consideration of Rs. 5 Lakhs per match which was accepted on protest and without prejudice by the CAB and that in this connection the only dispute that arises and which transpires before us is the revenue receivable on account of sponsorship or through advertisement during the period the matches will be telecast for four minutes per hour which comes to 28 minutes for the whole day per match and that there is a dispute and difference between the parties and accordingly we are not adjudicating the disputes as to how and what manner it would be treated and who will get the revenue and in what proportion and that is why we keep the point reserved to be decided in the appeal or the writ application but at present having regard to the interest of millions of Indian viewers who are anxiously expecting to see such live telecast, we record as Doordarshan is inclined to telecast the matches for the Indian viewers on receipt of Rs 5 lakhs per match, and to enjoy the exclusive right of signalling within the country being host broadcaster, we direct the CAB to pay immediately a sum of Rs. 5 lakhs per match far this purpose and the collection of revenue on account of sponsorship or otherwise in respect of 28 minutes which is available for commercial purpose be realised by the Doordarshan on condition that such amount shall be kept in a separate account and shall not be deal with and dispose of the said amount until further orders and we make it clear regarding the entitlement and the manner in which the said sum will be treated would be abide by the result of the appeal or the writ application, Accordingly. it is made clear that Doordarshan shall on these conditions start immediately telecasting the live matches of the Hero Cup for the subsequent matches from the next match in India, as Mr. it is made clear that Doordarshan shall on these conditions start immediately telecasting the live matches of the Hero Cup for the subsequent matches from the next match in India, as Mr. Das, learned counsel appearing on behalf of the appellants submits that they were in a position technically or otherwise to telecast immediately, With regards to the right of TWI to telecast the matches for viewers out side India is concerned we also record that at the Lime of hearing the learned counsel appearing on behalf of the appellant showed an order in three lines that the authority concerned has summarily and without giving any reason and/or any hearing whatsoever directed to VSNL not to allow the TWI to transmit or to telecast from India in respect of the Hero Cup matches but it was submitted by the learned counsel appearing for the appellant and they are very much keen to consider the matter in proper perspective in accordance with law, having regard to the national impact on this question. It appears that on the basis of the representation made by VSNL, TWI came into the picture and subsequently. TWI entered into an agreement with the CAB. At this stage we are not called upon to decide the validity or otherwise of such an agreement entered into by the parties. As a matter of fact, we are referring this without prejudice to the rights and contentions of the parties. It further appears that the Government of India through the Department of Communication stated that the said department had no objection with regard to the permission to the CAB for temporarily importing electronic product equipments required for transmitting one day matches of the Hero Cup as a part of Diamond Jubilee Celebration to be started from November 7 to 27, 1993, the Ministry has no objection to proposal "subject to the organisers Co-ordinating with WPC (DOT) for frequency clearance from the standing Advisory Committee on frequency allocation (SACFA) for TV uplinking from different places and coordinating with VSNL Bombay for booking of TV transponders etc" It appears that the said no objection certificate has created a legitimate expectation particularly in view of the fact that the money demanded by VSNL in this behalf was duly paid by TWI and all arrangements have been made by TWI for performing the job. As we find that no formal permission as required under proviso to Section 4(1) of Indian Telegraph Act is there in favour of the party, having regard to the facts stated above and having regard to National and International impact on this question and having regard to the fact that any decision taken will have the tremendous impact on the International Sports, we direct the appellant No.5 who is respondent No.6 in the writ application, The Secretary, Ministry of Telecommunication, Sanchar Bhavan, New Delhi. Government of India to consider the facts and circumstances of the case c1early suggesting that there had already been an implied grant of permission, shall grant a provisional permission or licence without prejudice to the rights and contentions of the parties in this appeal and the writ application and subject to the condition that the respondent No.6 in the writ application will be at liberty to impost such reasonable terms and conditions consistent with the provision to Section 4(1) of the Indian Telegraph Act, having regard to the peculiar facts and circumstances of the case. If TWI comply with such terms and conditions that maybe imposed without prejudice to their rights and contentions in the interest of sports and subject to the decision in this appeal or the writ application, shall be entitled to telecast for International viewers outside India. The appellant No.5 Secretary, The Secretary, Ministry of Telecommunication, Sanchar Bhavan, New Delhi, Government of India, is directed to decide this question as directed by us within three days from today and all the parties will be entitled to be heard, if necessary. We must put it on record our anxiety that the matter should be taken in the spirit of sports not on the spirit of prestiage or personal interest and should approach the problem dispassionated raising above all its narrow interest and personal ego. This court is keen to see that the order will be appreciated in the proper perspective and all will be appreciated in the proper perspective and all the parties concerned must realise that anything done would be for the benefit of millions of viewers who are not before this court and we make it clear that we have not adjudicated any of the points on merits which are left open and to be decided in appropriate stages. In view of the order we have passed, the orders passed by the learned trial Judge on 8th and 9th of November, 1993, are kept in abeyance until further orders. We also make it clear that the terms and conditions that they may be imposed by the appellant no. 5 and for any further the parties will be at liberty to sack appropriate direction from the learned trial Judge. In order to comply this order any order of detention of the equipments of TWI should not be given effect to. Let Plain copies of this order duly countersigned by the Assistant Registrar (Court) be given to the learned Advocates for the parties. Chatterji, J. : I agree.