
The Supreme Court asked JioStar to approach the Delhi High Court with its plea against TRAI's tariff framework, declining to hear the transfer petition directly.
The Supreme Court on Tuesday asked JioStar India to take its challenge against parts of the Telecom Regulatory Authority of India's television pricing framework back to the Delhi High Court.
A bench led by Chief Justice Surya Kant told senior advocate Mukul Rohatgi, representing the broadcaster, to move the high court with a plea that JioStar does not want to amend its pending petitions there. The court disposed of JioStar's transfer petition, which had sought to bring the case directly to the Supreme Court.
JioStar had filed petitions before the Delhi High Court in 2014 and 2015 challenging both TRAI's regulations and tariff orders. Those petitions remained stuck because similar issues from proceedings before the Telecom Disputes Settlement and Appellate Tribunal were already pending before the Supreme Court.
Rohatgi argued that TRAI's regulations and tariff orders, though stemming from different legal sources, are "intrinsically linked and interconnected." Regulations, he said, are delegated legislation and can only be challenged before a high court. Tariff orders are administrative in nature and fall under TDSAT's jurisdiction.
He pointed to a specific anomaly in the framework. The definition of "subscriber" treats a luxury hotel with hundreds of television sets at par with a single-bedroom household for pricing purposes. "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," Rohatgi said. "You cannot have the same tariff. It is like comparing apples with oranges."
The Delhi High Court had earlier directed JioStar to amend its petitions and imposed costs. Rohatgi repeatedly asked why costs were levied, arguing the order indicated the court had already formed an opinion that the petitions would otherwise be rejected.
The Supreme Court suggested JioStar move an application before the high court stating it does not wish to amend. Rohatgi agreed to withdraw the transfer petition and said he would file an appropriate application before the high court without abandoning the case.
The dispute centers on TRAI's tariff orders, MRP caps, and discount structures governing cable and DTH distribution. The outcome will affect pricing for commercial subscribers like hotels and broadcasters' revenue models.
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