Dismissing the petition, Justice Ravinder Bhatt held that a direction to encrypt the feed and signals to prevent cable operators from airing the events in the networks would amount to a mandate to the legislator to rewrite the law and the Court clearly did not possess that power.
The petitioners had sought the directions on the grounds that cable operators were accessing the signals of DD National when it carried the live signals of cricket matches shared by Nimbus with Prasar Bharti under the Sports Act.
Prasar Bharti had, however, argued that neither the Sports Act nor the Cable Act nor any other law gave the right to BCCI and Nimbus to seek encrypton of DD National signal nor did any law cast Prasar Bharti with the obligation to encrypt its signal.
Prasar Bharti also contended that it was a public broadcaster as is evident from section 12 of the Prasar Bharti Act and was committed to providing free to air signal to the largest number.
Encrypton of signal is done by pay channels and not by public broadcasters.
Prasar Bharti also stated that encryption of its signals would not be in public interest.