The Delhi High Court issued a notice to the Union Ministry of Information and Broadcasting (I&B) on Thursday in response to Zee Media’s petition challenging the Central Government’s decision to withdraw 10 of Zee’s TV channels from the Ku band on the GSAT-15 satellite. Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad of a division bench instructed the government to provide its response within four weeks.

On January 19, a Public Interest Litigation (PIL) petition dealing with a similar subject will be heard.

Ten of Zee’s regional channels were accessible on DD FreeDish because they were on the GSAT-15 satellite, thereby making them free-to-air. According to the I&B Ministry, this provided Zee an unfair competitive edge. Zee Hindustan, Zee 24 Kalak, Zee Salaam, Zee 24 Taas, Zee Bihar Jharkhand, Zee Punjab Haryana Himachal, Zee Uttar Pradesh Uttarakhand, Zee Rajasthan, Zee Odisha, and Zee Madhya Pradesh Chhattisgarh are among the ten networks ordered to be withdrawn.

The government stated in its ruling dated September 23 that Clause 5.1 of the up-linking guidelines enables a broadcaster to only uplink its TV channels in the C band or the Ku band. Zee claimed that the government said in an affidavit filed before the Delhi High Court that there is no bar on a broadcaster simultaneously uplinking its TV stations in C band and Ku band. However, in the challenged order, it has taken a different stance.

According to reports, the order was issued by the I&B ministry after being influenced by Zee’s competitors/business rivals.

“It is submitted that the impugned order dated 23.09.2022 incorrectly holds that Clause 5.1 of the Up-linking Guidelines requires a broadcaster to uplink its TV channels either in C band or in Ku band. In fact, as is evident from a bare perusal of the said provision, there is no specific prohibition on simultaneous uplink of TV channels in both C band and Ku band. The real reason behind the inclusion of the phrase “either in C band or Ku band” in Clause 5.1 is to indicate that a broadcaster may uplink its TV channels in C Band or Ku Band but in no other band,” the petition said.

The appeal also noted that the complaint on which the order was issued was never shared with Zee, putting them at a significant disadvantage because they are unable to “exercise their right to a free and fair hearing.” Zee went on to say that the Ministry’s decree violated natural justice principles and was made without thought.