SC stays TDSAT's order that removed cap on number of SMSes
MDT/PTI 03 December 2012

The apex court had reimposed the restriction of 200 SMSes that can be sent in per day per SIM

New Delhi: The Supreme Court on Monday stayed order issued by Telecom Disputes Settlement and Appellate Tribunal (TDSAT), which had quashed the sector regulator Telecom Regulatory Authority of India (TRAI)'s circular limiting the number of SMSes to 200 per day per SIM, reports PTI.


In a brief hearing, a bench headed by Justice GS Singhvi stayed the tribunal's order and issued notice to late Balasaheb Thackeray's grandson Aditya on whose plea TDSAT had passed the order.


The apex court passed the order on an appeal filed by TRAI challenging tribunal's order and asked Thackeray to respond to regulator's plea within six weeks.


With today's stay order, the sector regulator can enforce the circular till the apex court vacates its stay on the verdict by the TDSAT.


TDSAT had on 17th July termed the ceiling on SMSes as "arbitrary" and against the right of freedom of speech and expression guaranteed under the Constitution and had set aside the sector regulator TRAI's circular.


Uddhav Thackeray's son Aditya had submitted that the restriction on SMSes was just a "non-application of mind" by TRAI and the circular fixing ceiling "has not explained why and how the figure of 100/200 SMS(s) per day was arrived at."


He had further contended that no consultation process was adopted by TRAI before incorporating the clause in this regard in the Telecom Commercial Communications Customer Preference (8th Amendment) Regulation, 2011.


TRAI had permitted sending only 100 SMSes per day per SIM except on blackout days or days specially notified by it.


However, on 1 November 2011, it had increased the limit to 200 SMSes per day, per SIM.

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