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Why cap on SMSes, high court asks TRAI, government
Wednesday December 07, 2011 07:21:14 PM,
IANS
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New Delhi: The Delhi
High Court Wednesday issued notices to the Telecom Regulatory
Authority of India (TRAI) and the central government on a petition
challenging the regulator's imposition of a cap of 200 SMSes per
day per person.
A division bench of Acting Chief Justice A.K. Sikri and Justice
Rajiv Sahai Endlaw has given two weeks to the government and the
TRAI to respond to the petition filed by Anil Kumar, secretary of
an NGO Telecom Watchdog, who sought quashing of the TRAI's order
restricting the number of SMSes per day with effect from Sep 27,
2011.
Advocate Prashant Bhushan, appearing for the petitioner, told the
court: "Such a cap violates the sanctity of democratic norms and
right to freedom of speech and expression of every person in the
country."
He alleged that the SMS cap has been imposed in a non-transparent
manner without prior consultation with the stakeholders.
According to the petition, "the checks and measures already put in
place under the Telecom Commercial Communications Customer
Preference Regulations, 2010, were adequate to curb the menace of
unsolicited commercial communications."
In an effort to curb pesky calls and SMSes, the TRAI had Sep 5
this year ordered telecom firms to limit the number of SMSes per
day per SIM to 100.
However, acting on a number of representations, the TRAI later
enhanced the cap to 200.
The next date of hearing is Jan 18 next year.
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