@JUDGMENTTAG-ORDER
Yatindra Singh and Rajes Kumar, JJ.@mdashWith the advent of modern age, the entertainment sector also grew: it is said to be the fastest growing sector. The cable operators are part of this sector. They show different channels. In order to do it, the cable operators have to register themselves as cable operators under the Cable Television Networks (Regulation) Act, 1995 (the 1995 Act).
2. It appears that the cable operators apart from showing the channels also started showing video films, local news, and interviews etc. This is prohibited under the Uttar Pradesh Cinemas (Regulation) Act, 1955 (the Act) unless a licence is obtained under the said Act. It was also so observed in the judgment in W.P. No. 5691 (M/B) of 2000,
3. In pursuance of the observations in the Chandra case, the Commissioner, Entertainment issued a circular dated 30.4.2004 (the Circular) asking the District Magistrate to stop the exhibition of such video unless licence is also obtained under the Act. In pursuance of the circular, the District Magistrates have also issued an order restraining the cable operators from showing such video unless requisite licence is obtained under the Act. Hence the present writ petition.
4. We have heard counsel for the Petitioner and the standing counsel for the Respondents.
THE DECISION
5. Section 3(b) of the Act provides that no person shall give exhibition by means of video unless the licence is obtained under the Act.
6. The video is also defined u/s 2(aa) of the Act. Section 2(aa) of the Act is as follows :
2. Definitions.--In the Act, unless there is anything repugnant in the subject or context--
...............
(aa) exhibition by means of video means an exhibition in public on payment for admission of moving pictures or series of pictures by playing or replaying and pre-recorded cassette by means of video cassette player whether on the screen of a television set or video scope or otherwise.
7. The video as defined in the Act includes the films, local news, interviews etc. as mentioned in the Circular. It is this, that is prohibited under the Act unless a licence is obtained.
8. The Circular issued by the Commissioner, Entertainment and the orders issued by the District Magistrates are in conformity with the aforesaid sections of the Act. There is no illegality in the same.
9. The writ petitions have no merits and are dismissed.
