Bangladesh Telecommunication Act, 2001
Section 3(2), 4, 6, 31, 33-36, 55
Telegraph Act, 1885
Section 4
Wireless Telegraphy Act, 1933
Section 2(1)-(2), 5, 10
Constitution of Bangladesh, 1972
Article 27, 31, 39, 41 and 42
To grant licence to broadcast the programmes of Ekushey Television through satellite transmission— The Court of law could intervene/interfere in administrative actions where there has been failure of justice either in commission or in omission or in deliberate failure to perform a duty cast upon in taking the course of action prescribed— The writ petition has been originated due to rush and hasty decision in Annexure-C-1 issued without due application of mind as to the provisions of law possibly though inadvertence which they subsequently have withdrawn. It is the duty of executive agencies to be mindful about the performance of any duty/action so as to avoid any possible prejudice.
The exercises in the instant case, its start can best be styled as a 'tragedy of errors" played by both the parties i.e. not filing an appropriate application in a prescribed form to the appropriate authority for the appropriate relief and the B.T.R. Commission in like manner replying without prescribing appropriate measure and after a long dual the same has ended in a comedy when the Ministry of Information ultimately issued "no objection" for broadcasting meanwhile during the pendency of litigation as has been submitted by the learned Counsel for the appellants. With the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. .....Bangladesh Telecommunication Regulatory Commission =VS= Ekushey Television, (Civil), 2024(2) [17 LM (AD) 594] ....View Full Judgment