JUDGMENT : 1. It has now transpired through what the learned Solicitor General Shri Dipan-car Gupta has told the Court that the parawisc comments against the writ petition were drafted by the Contemnor Shri Sanjiv Datta and were handed over to Smt. Kitty Kumarmarglam an advocate of this Court who was also appearing in the matter for the respondent Union of India. Prima facie, it stands established that the learned advocate Ms. Kitty Kumarmanglam had perused the said comments before the affidavit was handed over to Shri Kailash Vasdev for filing it in the Court. 2. Issue notice to Ms.
Prima facie, it stands established that the learned advocate Ms. Kitty Kumarmanglam had perused the said comments before the affidavit was handed over to Shri Kailash Vasdev for filing it in the Court. 2. Issue notice to Ms. Kitty Kumarmanglam returnable within two weeks from today to show cause as to why action for contempt should not be taken against her for the following passages in the said affidavit: "This Hon'ble Court erred in law by entertaining this petition and thereafter passing interim orders with undue haste on it without affording an opportunity to the respondents to set down their case through a proper affidavit thereby causing irreparable damage to the respondents by making a mockery of the established policy of the Government of India by permitting a foreign corporation to undertake broadcasting from India against the national interest and thereby undermining the sovereignty of the nation in order to ensure the execution of an agreement that the petitioners entered into with the foreign corporation which was ab-initio void because of the failure of the petitioners to apply for and he granted the requisite licence to enable them to operate from Indian soil." x x x x x x x "However, since this Hon'ble Court has already passed two interim orders on 15.11.1993, without affording the respondents an opportunity to submit their written submissions in the matter, the respondents now set out the grounds on which the said petition should have been and should now be dismissed." x x x x x x x "It is, therefore, submitted that the order passed by this Court on 15th November staying the condition imposed by the Secretary, Ministry of Telecommunications directing TWI to take the signal of Doordarshan is bad in law since it flows from the erroneous conclusions drawn by the High Court of Calcutta that a legitimate expectation had been created in the minds of the petitioners by the no objection certificate conveyed by the Department of Telecommunication to the Ministry of Finance - a letter the petitioners were not legitimately required to possess and acceptance of money by VSNL which as has been pointed out earlier is only a service agency and not a licensing authority under the Indian Telegraph Act, 1885." xxxxxxx The odds cannot, it is submitted, be totally loaded against Doordarshan.
Either, it is allowed to decide such matters on purely commercial considerations and its decision respected or, its position as the host broadcaster, consistent with the established policy of the Government of India, be recognised and no party, much less a foreign party, allowed to subvert the law of this land be it in connivance with an Indian entity such as the petitioners for petty commercial considerations." xxxxxxx "It is submitted that without adjudicating as to how the order passed by the Secretary, Ministry of Telecommunications was erroneous or bad in law, this Court stayed the condition imposed in the order requiring TWI to take the signal from Doordarshan and allowed TWI to generate its own signal. Further, the followness of the so called "urgent" nature of the matter presented before this Court while moving this petition stands exposed by the subsequent behaviour of TWi in failing to cover the matches held at Patna and Indore. It also brings into focus the purely commercial nature of its agreement with the petitioners belaying all their protestations of working in the interest of the cricket lovers of this country." 3. List the matter on 24.3.95 at 2.00