The direction given by the High Court in the order impugned is quoted hereunder: "14. We cannot agree with Mr. Sibals's arguments that TPSAT is incompetent to address challenges based on the violation of fundamental rights. There is a fundamental distinction between enforcing fundamental rights. and exercising judicial review concerning those rights. In the former case, only constitutional courts have the authority to enforce fundamental rights. However, regarding judicial review based on fundamental rights parameters, any authority with review power can determine whether a decision or order aligns with fundamental fights or applicable law. Therefore, we conclude that the challenge to the regulation must fail in light of the binding judgment." We grant the appellants the liberty to challenge the Tariff Order before TDSAT. {Para 3}
IN THE SUPREME COURT OF INDIA
Petitions for Special Leave to Appeal C No. 27269/2024
Date of Order: 29.11.2024
Indian Broadcasting and Digital Foundation and Ors. Vs. The Telecom Regulatory Authority of India and Ors.
Hon'ble Judges/Coram:
Pamidighantam Sri Narasimha and Sandeep Mehta, JJ.
Citation: MANU/SCOR/134339/2024
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