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Supreme Court of India 2019-01-07 dismissed

DIGI CABLE NETWORK (INDIA) PVT. LTD vs UNION OF INDIA

Bench: 2 — Abhay Manohar Sapre, Indu Malhotra

In Brief

The appellant was granted permission to operate as a Multi System Operator (MSO) in Digital Addressable System areas under Rule 11C of the Cable Television Network (Amendment) Rules, 2012. The permission was later cancelled because the Ministry of Home Affairs denied security clearance. The High Court upheld the cancellation. The Supreme Court held that Rule 11C expressly makes permission conditional upon obtaining security clearance from the Central Government, which is mandatory. Since the appellant failed to obtain clearance, cancellation was lawful. In national security matters, prior notice and hearing need not be given. The appellant may apply for fresh permission.

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