Discussion TRAI announced important changes in the Tariff Order

[hulk]

everyone knows this. this is drama to delay few years..otherwise trai should have gone SC a month ago. Case is pending in so many HC. so supreme court can club all together and directly hear them. it could have saved time. but main purpose of case is time pass. trai is also part of it.

TRAI cannot go to SC unless an order by one of HC is passed against it..!! There is no basis for TRAI to approach SC..!! Constitution of India provides a hierarchy of courts for this reason only, else everybody will just go directly to SC..!!

 

[hulk]

everyone knows this. this is drama to delay few years..otherwise trai should have gone SC a month ago. Case is pending in so many HC. so supreme court can club all together and directly hear them. it could have saved time. but main purpose of case is time pass. trai is also part of it.

Also if it had to Time pass then they would have easily agreed to court's request to postpone for a month..!! That was simplest way to defer things..!!

Anyways you can think whatever please you brother..

 

[satyajeet]

TRAI cannot go to SC unless an order by one of HC is passed against it..!! There is no basis for TRAI to approach SC..!! Constitution of India provides a hierarchy of courts for this reason only, else everybody will just go directly to SC..!!

No. Govt(TRAI is govt body) can directly go SC if same case is pending in many HCs. SC will recall all HC cases to itself.

if it had to Time pass then they would have easily agreed to court's request to postpone for a month..!!

You need to show something to public no...

 

[hulk]

No. Govt(TRAI is govt body) can directly go SC if same case is pending in many HCs. SC will recall all HC cases to itself.

You need to show something to public no...

Nope brother. There is no predesence of what you are saying.

Only writs under article 32 (which pertains to fundamental rights) can be filed directly to SC.
All other writs have to be routed through HCs.
Yes you are partially right that SC can recall all cases, but to reach SC there has to be a decision against TRAI by one of HCs. None of the HCs have decided on the matter yet. So neither TRAI nor broadcaster can approach SC at this point of time.

 

[Slu]

Let's wait for few more days

 

[satyajeet]

There is no predesence of what you are saying.

see precedence. SC transfers all pending HC cases to itself...
Regulating social media: SC transfers all HC cases to itself | India News - Times of India

 

[hulk]

see precedence. SC transfers all pending HC cases to itself...
Regulating social media: SC transfers all HC cases to itself | India News - Times of India

Bro this case is related to right to privacy and therefore comes under purview of Article 32.

 

[satyajeet]

Bro this case is related to right to privacy and therefore comes under purview of Article 32.

u r contrasting ur own argument. How cases were filed at HC under art32 where HC has no jurisdiction ?
by that logic this case can also be filed under art 32 due to violation of freedom of business. pls dont drag it unnecessarily for sake of it. SC can do this i know(provided somebody appeals). you can google many such more precedences....

 

[hulk]

u r contrasting ur own argument. How cases were filed at HC under art32 where HC has no jurisdiction ?
by that logic this case can also be filed under art 32 due to violation of freedom of business. pls dont drag it unnecessarily for sake of it. SC can do this i know(provided somebody appeals). you can google many such more predences....

I never said HC do not have jurisdiction in matters pertaining to article 32. I just said you can approach SC directly only when cases are related to article 32.

I will rest my case here. You can think whatever please you, whatever fits what you wanna convey. I am just talking of facts, and will continue to do that rather then creating my own theories out of the blue.

 

[satyajeet]

I never said HC do not have jurisdiction in matters pertaining to article 32. I just said you can approach SC directly only when cases are related to article 32.

replying only to correct fact.
u said case is under art 32. I am saying case cant be filed at HC under art 32. HC hears under art226.