The next date of hearing has been fixed on October 8 when the counsels for Union of India and TRAI will complete their arguments. At the last hearing that took place on September 30, sources say that during the hearing, TRAI was asked several questions by the division bench of Bombay High Court, comprising both Justice AA Sayed and Justice Anuja Prabhudesai.
The bench questioned whether the twin conditions were placed by TRAI for the consultation. It pointed out that more than 90% bouquets in the market are DPO bouquets, which do not seem to be under the same restrictions as applicable for the formation of bouquets by broadcasters. The Bench then asked TRAI’s counsel to explain how DPO bouquets are bound by the same restrictions as applicable to broadcasters.
Citing NTO 1.0, which was implemented without the discount cap on the formation of the bouquet by the broadcasters (because of it being struck down by the Court), the Bench asked whether NTO 2.0 (2020 amendments) could be implemented without some of the provisions. In the context of the assurance given earlier by TRAI, the bench asked whether TRAI has tried to implement 2020 amendments.
It is learnt that the counsel appearing for TRAI has sought time to respond on the next date of hearing. The next date of hearing has been fixed on October 8 when the counsels for Union of India and TRAI will be completing their arguments. Keeping in mind the rejoinder to be made by the petitioners (broadcasters), the first half of Friday has been kept as the reserve time.
