The Madras HC had on Thursday issued an interim order allowing three companies of Sun Group to participate in the stage-III auction process of FM radio.
The Delhi High Court on Friday termed as "incongruent" the denial of security clearance to Red FM to participate in the Stage III FM auction due to its association with the Sun TV Group, which itself has already been allowed by Madras High Court to take part in it.
A bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva said that while the Madras HC has allowed the Sun TV Group to participate in the auction, the Centre has denied the same relief to Digital Radio Broadcasting Ltd, which runs Red FM, due to its association with the Maran-run group.
"Look at the incongruence," the bench said while observing that orders similar to those passed by the Madras HC can be passed in the instant case.
The Madras HC had on Thursday issued an interim order allowing three companies of Sun Group to participate in the stage-III auction process of FM radio.
The court had, however, asked that the results of the auction be kept in a sealed cover till further orders and said that it would be subject to the result of the main writ petition filed by the group, which has sought a direction to quash the order passed by the Information and Broadcasting (I&B) Ministry.
The I&B ministry had disallowed the group from taking part in the auction process on the basis of absence of security clearance from the Ministry of Home Affairs (MHA).
Central government's standing counsel Sanjiv Narula, however, said today that the Madras HC's single judge order was not binding upon the division bench of Delhi High Court and urged that arguments be heard tomorrow before a decision is taken.
He wanted the matter to be heard tomorrow as owing to ongoing strike of lawyers in Delhi HC, the counsel for Red FM were unable to appear.
The bench, thereafter, listed the matter for hearing tomorrow. It asked the government and Red FM to file their written submissions and added that an order will be passed if the arguments cannot be heard.
The ministry had yesterday filed an affidavit in the Delhi HC stating that Red FM's plea for security clearance to participate in stage III of FM auctions was not maintainable as it is seeking judicial review of a 'policy decision'.
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