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HC asks govt to decide on ETV licence in 30 days

Seized equipment also to be returned

Staff Correspondent
The High Court (HC) Division yesterday directed the government to decide on the Ekushey Television Ltd.'s (ETV) application for a new licence and frequency for satellite operation and return the channel's seized equipment in 30 days.
A Division Bench of the HC observed that the Bangladesh Telecommunications Regulatory Commission (BTRC) was the sole authority to grant licence and allocate frequency to private television
channels.
The Ministry of Information has no business to this end, the bench comprising Justice MA Wahhab Miah and Justice Shamim Hasnain said ruling on four separate writ petitions filed by two contending chairmen of the ETV Ltd. -- Abdus Salam and Nasir A Chowdhury.
The ETV, the first private terrestrial TV channel that broke years of state monopoly in the electronic media, was shut down following a Supreme Court verdict on August 29
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last year that declared the channel's licence illegal after 28 months on the air. The government seized the ETV equipment on the heels of the verdict.
The ETV earned popularity as a news channel by covering in-depth stories on site.
The HC in its verdict said the attorney general had told it on May 19 this year that the confiscated equipment of the ETV would be returned within the next four weeks, but the department concerned did not do that even after 12 weeks.
The court criticised the BTRC's procrastination in deciding on applications, saying it misconceived the Supreme Court verdict on the opportunity to award a fresh licence to the ETV.
On the chairmanship of the ETV, the bench said the HC had nothing to do with the matter as it was yet to be decided by a lower court.
Dr Kamal Hossain with Advocate Abdul Matin Khasru appeared for Abdus Salam, a chairman claimant of the ETV, while Barrister A Hasib moved for Nasir A Chowdhury, another chairman claimant.
Additional Attorney General AJ
Mohammad Ali and Deputy Attorney General Adilur Rahman Khan represented the government and Advocate Shamsul Karim stood for the BTRC.
On March 27 last year, the HC declared the ETV's licencing agreement illegal following a writ petition filed by individuals supporting the ruling Bangladesh Nationalist Party. The writ petitioners said the past Awami League government did not give licence to the channel in a fair way.
On July 2 last year, the Supreme Court rejected a leave to appeal petition by the ETV, upholding the HC verdict that the ETV licence was illegal. However, the court stayed the verdict for five weeks and then for three more weeks leaving the scope to file a review petition. And the Supreme Court rejected the review petition on August 29 last year after hearing.
The Bureau of Anti-corruption on June 8 filed two graft cases against four people, including former state minister for information and secretary of the same ministry for awarding licence to the ETV without following a proper procedure.