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Gill moves court over ouster from Prasar Bharati

Ousted Prasar Bharati Chief Executive Officer S S Gill today moved the Delhi high court seeking quashing of the Presidential ordinance that restored the Prasar Bharati Act as passed in 1990, and staying the appointment of any other person to the post.

Altough the 1990 Act had specified the age limit of the member (executive), also called the CEO, at 62, an ordinance promulgated by the United Front government in October last year had removed the upper age limit, facilitating Gill's appointment.

The urgent petition, filed in the court today, will come up for hearing tomorrow before a division bench, comprising Justices R C Lahoti and C K Mahajan.

Senior counsel Kapil Sibal will represent Gill while Additional Solicitor General Madan Lokur will represent the government.

Contending that the ordinance was violative of Article 123 of the Constitution as no urgency had been justified for its issuance, Gill said the Prasar Bharati (Amendment) Bill, passed by the Lok Sabha, should have been brought up in the Rajya Sabha.

The government did not refer it to the Upper House because of its fear that the bill would not be passed, the former CEO alleged.

Submitting that the ordinance was a single person legislation, counsel on record Niti Dikshit said it was also issued to ensure that Gill did not remain with Prasar Bharati.

The petition prayed for a court declaration terming the ordinance as unconstitutional and quashing the same on this ground. No person should be appointed to the post till the disposal of the petition, Gill urged the court.

The ousted CEO has named the secretaries in the ministries of information and broadcasting and law, justice and company affairs, Prasar Bharati Board, I&B minister Sushma Swaraj and her deputy Mukhtar Abbas Naqvi as respondents.

UNI