Bombay HC adjourns plea against KBC for 4 wks
EXPRESS NEWS SERVICE

MUMBAI, SEPT 13: The Bombay High Court has adjourned a petition challenging the screening of popular serial Kaun Banega Crorepati (KBC) by four weeks, even as a local court issued process against top bosses of its maker -- Star TV channel.

The matter came before the division bench of Chief Justice B.P. Singh and Justice S. Radhakrishnan after ex-corporator Nicholas Almeida filed a plea saying it was encouraging gambling. Almeida also objected to Zee TV's Jackpot Jeeto and Zee Malamal and also condemned the ``obscenity'' in the Lingerie Show on Fashion TV.

Star TV's counsel V.T. Tulzapurkar told the bench that the petition was motivated by rival channels who were shocked with KBC's immense popularity. He said two similar petitions had been filed in Calcutta and one in New Delhi and added that Star TV had filed a petition in the Supreme Court seeking to club all such petitions so that they may be heard at one place. The case comes up for hearing in the first week of October, Tulzapurkar said and urged the court to adjourn the matter until then.

Advocate D.H. Mehta appeared for Almeida and said KBC was a game of chance and not a game of skill. He said the show was being broadcast in contravention of Prize Competitions Act 1955, Monopolies and Restrictive Trade Practices Act and Cable Television Network (Regulation) Act 1995. However, the bench remarked: ``Answer tests are like gambling. You can't give answers unless you know them.''

The bench questioned the petitioner as to what he meant by ``obscenity'' in fashion shows. ``What is morality, only society can define, not law. What is immoral today may be moral tomorrow. In Scandinavian countries people stay together without marriage. Can you say that they are immoral? The concept of morality must change with time,'' Justice Singh said.

He further observed that artistic depictions at Khajuraho were ``even seen by children''. ``Will you then ask to demolish these temples... How do you define your culture? In Bastar district women wear no clothing on the top. They don't think it to be immoral,'' Justice Singh said.

Justice Radhakrishnan observed that fashion shows held abroad were being televised on the channel. ``Tomorrow, you will say girls should not wear shorts and walk on the roads. Why are you not challenging the film songs? You must see the movements. These models are merely walking,'' he said.

A similar petition was filed before the 19th Metropolitan Magistrate Court at Andheri. The petition filed by one Ashok Waghmare stated that Doordarshan had refused to air KBC as it ``carried an element of lottery and game of chance''. The petition had made party respondents -- News Television India Limited, producer Siddharth Basu, executive producer of Star TV Ravikanth Menon, CEO Star TV Peter Mukherjea, senior vice-president (Programming) Sameer Nene, senior Vice-president (Advertising and Sales) Sumantra Dutta and chairman and chief executive of News Corp, Rupert Murdoch.Magistrate Yousuf Zai in his September 11 order said all the ``accused'' had prima facie violated provisions of the Prize Competitions Act 1955, Bombay Prevention of Gambling Act and Indian Penal Code. The matter had been made returnable on October 21.

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