JioStar sent back to Delhi HC by SC in TRAI tariff challenge

Rohatgi also took aim at the framework's definition of "subscriber." He said the current pricing structure treated commercial establishments like hotels the same as residential households, despite vastly different use of television services. "If a hotel is charging ₹50,000 per room, there has to be a distinction between commercial exploitation of a signal and a residential household. You cannot have the same tariff. It is like comparing apples with oranges," he said.

The Supreme Court declined to take over the matter. Chief Justice Surya Kant said it would be better for JioStar to go back to the Delhi High Court. "In light of paragraphs 4 and 5 of the interim order, move an application before the high court stating that you do not wish to amend your petition," the PTI report quoted him as saying.

Rohatgi repeatedly questioned the logic of the costs the high court had imposed. "Why costs?" he asked the Supreme Court bench, arguing the order suggested the high court had already formed a view that the petitions would otherwise fail.

He told the bench JioStar would withdraw the transfer petition and file an appropriate application before the Delhi High Court. "I do not require any amendment. I do not want to amend. I will withdraw this petition and move an appropriate application before the learned judge. I do not propose to abandon my case," he said.