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The Chief Justice of India, Shri R.C. Lahoti, has said that as all activities in the field of industry, investment and man-made relationship, governed by laws are dispute-prone, therefore, an expeditious settlement in the interest of peace, progress and prosperity is a must. A great deal of responsibility has to be shouldered by the policy makers and legislators for taking policy decisions and framing of the laws which leave the least scope for ambiguity, misinterpretation or deficiencies in legislation. Those on whom lies the responsibility of settling disputes, they must be conversant with the global trends in fast changing technology, its management and telecom jurisprudence. The Chief Justice Shri R.C. Lahoti said this while inaugurating an International Seminar on “Dispute Resolution Scenario in the Telecom Sector”, here today. The two-day seminar, organised by the Telecom Disputes Settlement & Appellate Tribunal (TDSAT), will address five major issues spread over in five sessions.
Shri Lahoti further said that if any disputes arose, they should be resolved expeditiously, judiciously and with pragmatism for their acceptability. The parties must feel satisfied that they have been given a fair deal and justice has been done. “Settlement of disputes in the realm such as telecom disputes involves not merely interpretation of laws alone but considerations of policy, reading the mind of the legislators and giving effect to the intention of the parties to agreements”, he said. The subject of dispute settlement, therefore, assumes significance if we have to keep pace with the global movements and integration of world economy, Shri Lahoti added.
Shri Lahoti defined at length the role of TDSAT, which was carved out of an Amendment Act 2000 to the Telecom Regulatory Authority of India Act. Shri Lahoti stressed TDSAT to pay greater attention of expeditious settlement of disputes shorn of procedural wrangles. International bodies like International Telecommunications Union should also assist in developing model procedure which could be drawn upon by its member countries. Expeditious settlement of disputes and uniformity in principles of settlement would help in achieving certainty and consistency. Shri Lahoti further emphasised that the dispute settlement in the field of telecommunication should ensure time and cost-saving litigation.
Speaking on the occasion, Minister of Communications & Information Technology, Shri Dayanidhi Maran said that the advancement of liberalisation paved way for competition among the service providers where sometimes dispute arose between the service providers or between licensor and the service provider or between the consumers and the service providers, which are inevitable. It is imperative that the dispute resolution mechanism worked in tune with the changing dynamics of the telecom environment so as to sustain growth and to maintain the confidence of the investor, Shri Maran said. The telecom sector being technology driven, the TDSAT also has to adjudicate on various issues which are technical or technology based. The fact is that since the dispute is of techno-economic nature so also the redressal, which is techno-judicious. Shri Maran further said that the Regulator is required to consult the stakeholders before arriving at any conclusion. This alone would help in ensuring a consensus and transparent policy and framing guidelines and regulations, he added.
The two-day conference is being attended by eminent persons both from India and abroad in the field of Telecommunications, Law and Consumer Affairs. Experts like Ms. Susan Caroll Schorr from Regulatory Reform Unit of ITU, Mr. Rory Macmillan, a Legal luminary from Switzerland, Ms. Helle Rod from Denmark, Mr. Gordon Moir, from UK, Ms. Noreli Dominguez Acosta from Mexico and Mr. Syed Ahmed Senior Counsel with the World Bank will make presentation. Justice, D.P. Wadhwa, Chairperson of TDSAT will give the Theme address.
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