Hot Off The PressNews

The experimental live streaming of the First Court of the Gujarat High Court started today after the Chief Justice of High Court of Gujarat, Justice Vikram Nath passed the order for the same.

The order read:

“… with a view to effectuating and broadening the implementation of Open Court concept even during the virtual hearings of the Court, this High Court has already taken up on administrative side, to work out the modalities that can be adopted for giving access to anyone who wishes to watch the Court proceedings in live.”

The court proceedings are being telecasted live, purely on experimental basis and the aspect of continuing with or adapting the modality of live court proceedings will be decided based on the outcome of this trial starting October 26, 2020 and any other trial of any other modality that may be taken up in due course.

The link for the live streaming is accessible from the High Court website and the YouTube Channel of the High Court of Gujarat. The link will be updated every evening of the previous working day.

On September 26, 2018, A Bench comprising of CJ Dipak Misra and A.M. Khanwilkar and Dr D.Y. Chandrachud, JJ directed that the proceedings of constitutional importance having an impact on the public at large or a large number of people should be live streamed. Read more

*Image Courtesy: YouTube

Read the full text of the Press Release here

Read the full report on the Supreme Court ruling on Live Streaming of proceedings here

Case BriefsTribunals/Commissions/Regulatory Bodies

Competition Commission of India (CCI): The Bench comprising of Sudhir Mital (Chairperson), Augustine Peter and U.C. Nahta, Members, gave an order in a case filed by Bharat Sanchar Nigam Limited (BSNL) against a company providing passive infrastructure to Telecom Service Providers (TSPs), BPOs, etc. regarding primarily to denial of access to telecom sites sought by BSNL.

In the present case, BSNL (Informant) and Indus Towers Limited (OP) were the parties involved said to have entered into an Infrastructure Sharing Agreement, through which OP agreed to provide access to the Informants on its passive infrastructure.

The allegations and submissions placed on record by the Informant were that it had been asking OP to provide feasible sites since 2016 but was denied with the same. OP is a dominant infrastructure provider with around 2588 sites in Kolkata to which only 6 sites were shared with the Informant. On bringing up the issues before the OP including payment, acceptance of fixed hourly consumption methodology and acquiring of new sites by the Informant, reluctance to resolve the same by the OP was shown.

Commission on a careful consideration to the information and submission placed on record stated in regard to the dominant position of the OP that the Commission notes the underlying principle for assessing dominance of an enterprise is linked to the market power enjoyed by it. Though market share is not a conclusive indicator, it acts as potent screening criteria. The commission was prima facie satisfied that the OP held a dominant position in the relevant market.

Further, coming onto the primary allegation of denial of access to sites by OP, it was noted that the Informant had earlier placed a request for 6 operational towers which implies that Informant was aware of the process for site requests. The access pending for some sites was because there were certain ongoing issues with the procedure. Therefore, Commission found that there were unresolved issues between the parties, which were germane for provision of services sought by BSNL.

Thus, no case within provisions of Section 4 of the act was made out and allegation of denial of access to sites remained unsubstantiated. [BSNL v. Indus Towers Limited,2018 SCC OnLine CCI 85, Order dated 09-11-2018]