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STAR Movies obscenity case: Delhi court to proclaim Murdoch an offender in NYT

Media baron Rupert Murdoch, who owns the STAR TV network and dozens of media conglomerates the world over, will be declared a proclaimed offender if he fails to appear within a month in a Delhi court which had earlier issued a summons and arrest warrants in an obscenity case.

Approving the proclamation under section 82 of the Criminal Procedure Code, Delhi Chief Metropolitan Magistrate R K Gauba today directed that the proclamation be published in the New York Times which he was informed also reaches California where Murdoch resides.

The magistrate listed the case for further hearing on April 3 next year.

The magistrate noted that the proclamation was being issued as Murdoch had failed to appear in court and News Television (India) Limited, the Indian company of Satellite Television Asia Region (STAR), had informed the court that it is not remitting any money to the principal company.

The order said it was clear that Murdoch's presence could not be procured in the complaint filed by Arun Agarwal against STAR Movies unless there was a proclamation under section 82 against him, especially since there is no extradition treaty with the United States.

Arun Jaitley, counsel for News Television (India) and its chief executive officer Rathikant Basu, said STAR is an independent company incorporated and existing under the laws of Hong Kong. NTV (India) is not under its management and does not remit any subscription amount collected here to any company outside India. Another independent corporate entity, STAR Advertising Sales, collects the ad revenue of the Indian company, he said.

Agarwal's counsel Anil Goel was permitted to amend his application accordingly by the next date of hearing. He said he was not pressing his application for attachment of the revenues collected by NTV (India).

Chief Metropolitan Magistrate Prem Kumar had on October 24 directed that a list be prepared of all moveable and immovable properties owned by Murdoch in India, for purposes of attachment for his failure to appear in court despite the issue of summons and arrest warrants.

Section 82 relates to production of a person who is absconding despite court orders. It says such court may publish a written proclamation requiring the person to appear in not less than 30 days but before the date of hearing. It says such a proclamation will be publicly read in some conspicuous place in the town in which the offender ordinarily resides and also posted at his house. It will also be published in a prominent newspaper.

UNI

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