Some flexibility and practicability in effectuating the scheme must necessarily be implied because of the implications, financial and others of the scheme itself. If the contention of the petitioners is correct then it would mean that the whole scheme must be scrapped and a new scheme prepared and approved with its consequential delays. The same being challenged in a special leave petition, this court directed for constitution of a new committee in accordance with lawyers the Guidelines of Doordarshan to consider the proposal of the respondent.
The committee constituted in pursuance of order of this court observed that the film has a secular message relevant to our times and our society, however the film contains scenes and speeches which can influence negative passions and therefore the committee would like a larger advocate committee to see the film and legal services form an opinion before it is open to public viewing. These words, in my opinion, do not necessarily lead 143 to that conclusion. It may happen that at the time of the implementation legal service it is discovered that the scheme cannot be put into effect all at once, because of a natural calamity or of some unforeseen circumstance beyond the control of the State Transport Undertaking.
Abbas (supra) and other authorities did not accept the stand of the Doordarshan and dismissed the appeal. It was, therefore, contended that the majority view of the impugned order in holding that SEBI lacked jurisdiction to proceed against the respondents is liable to be set aside nThe information provided by Asahi to BSE about the allotment of 29,91,000 GDRs to foreign (fake) entities, namely Greenwich and Tradetec was made public to retail investors on BSE website which misled the investors in believing that the GDRs were subscribed by genuine foreign investors, whereas in reality, GDRs were subscribed by Vintage in connivance with Asahi and the proceeds simultaneously pledged in Euram.
He preferred a writ petition before the Bombay High Court against the refusal by Doordarshan to telecast the documentary film which was disposed by the Division Bench by directing Doordarshan to take a decision on the application within a period of six weeks. Preamble has its own sanctity and the said concepts have been enshrined in the Preamble. In this manner the policy of nationalisation which is the State policy in India would be indefinitely put off because in the meanwhile all kinds of interests -may come into existence and circumstances may supervene which may delay, if not obstruct, the State in legal services its policy of nationalisation.
In the light of the above features noted and alleged by SEBI as against the respondents, relating to GDRs issued by the six entities for whom the respondents acted as Lead Manager, with particular reference to the extent of the involvement of the respondents even while acting as Lead Managers, while facilitating the issuing companies in the fixation of price of the GDRs and its trading in the global market, according to SEBI, by virtue of such fraudulent nature of involvement of the respondents along with the issuing company, SEBI is entitled to invoke its jurisdiction under Section 11, 11B, 11C, 12 and 12A of the SEBI Act, 1992 read along with its 2003 Regulations and consequently its order dated 20th June 2013 debarring the respondents from rendering services in connection with the instruments which are defined as ˜securities under Section 2(h) of the SCR Act, 1956 in the Indian market or dealing with them either directly or indirectly for a period of ten years from the date of its orders and also prohibiting them from getting access to the capital market directly or indirectly for the said period lawyer of ten years was justified.
A Selection Committee was constituted and it declined the law firm prayer of the applicant on the foundation that it depicted the rise of Hindu fundamentalism and male chauvinism without giving any solution how it could be checked and it portrayed violence and hatred. The decision of Select Committee was communicated to the respondent who challenged the same in the High Court of Bombay which directed the Doordarshan to telecast the documentary film within the period of six weeks in the evening slot.
Having stated about the test that is applicable to determine obscenity we are required to dwell upon the right to freedom of speech and expression. Anand Patwardhan and another[51], the respondent had produced film titled Father, Son and Holy War and had submitted the same to the Doordarshan for telecast, but the Doordarshan refused to telecast the documentary film despite handing over a copy of U-matic certificate. Before the scheme is proposed the Undertaking is to be of a certain opinion and when it is to be in operation the Undertaking has to proceed in a manner prescribed in the section But it cannot be said that when the scheme is implemented, the whole thing is to be done in a rigid manner.
The words, freedom of speech and expression find place in the association words liberty of thought, expression, belief, faith and worship, which form a part of the Preamble of the Constitution. The Court placing reliance on K. Therefore, the Prasar Bharti Board previewed the documentary film and formed opinion that its production quality was unsatisfactory and its telecast would be violative of the policy of Doordarshan.