BJP MP Subramanian Swamy has written to Union Home Minister Rajnath Singh making a case for Centre going in for an appeal against the Madras High Court judgement allowing Sun TV network of Maran brothers to participate in private FM radio auction.
The Madras High Court this month set aside the Union Home Ministry's last July order denying security clearance to the Sun Group on the basis of which the Information and Broadcasting Ministry did not allow the group companies to participate in the Phase-III auction process of FM radio.
"I believe that judgement and order dated June 14, 2016 is not just a complete wrong reading of the clauses/provisions but also a dangerous interpretation since this judgement can become a precedent for others to rely," Swamy wrote to Home Minister on June 27.
He said the the Central Government should file an appeal before the Division bench of the Madras High Court.
"The Madras High Court while coming to the conclusion has erroneously held that since the Maran brothers are not convicted and the cases against them are still pending therefore they do not disqualify as per the eligibility clauses," he said.
Stating that the High Court had "exceeded its jurisdiction to a field which was an expertise field", Swamy said the Court is itself doing an expert job which is specialised job and within the expertise and domain of Ministry of Home Affairs only.
Sun Group was denied security clearance on the ground it faced Aircel-Maxis case linked to 2G spectrum allocation, money laundering charges and alleged illegal telephone exchange case (in which former Telecom Minister Dayanidhi Maran and his brother and Sun Group owner Kalanidhi Maran are accused).
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