NEW DELHI: After the Delhi High Court on Sunday set aside the Ministry of Information and Broadcasting communication dated 15.7.2015 allowing Digital Radio Broadcasting Ltd of Delhi and Mumbai to participate in e-auction for FM channels, Additional Solicitor General Tushar Mehta, in a letter to Ministry of Information and Broadcasting Secretary Bimal Julka, said that the government should challenge the order.
“In my opinion, the government should consider filing of Special Leave Petition against the said judgement,” ASG Mehta wrote, in his letter to Julka.
Mehta also told that the High Court has declined to examine the constitutional validity of two clauses respectively contained in the guidelines and ‘Notice Inviting Tender’ mandating security clearance.
“ The petitioners’ (Digital Radio Broadcasting Ltd- Delhi and Mumbai) prayer for declaring the said two clauses requiring security clearance to be unconstitutional and violative of article 19 (1) (a)and 19 (1) (g) - Freedom of Speech and Expression - is turned down since the petitioner participated in the tender processing with full knowledge of the said two requirements.”