Mrtpc Draws Flak For Order On Music Rates

The Supreme Court yesterday criticised the MRTP Commission for passing an ex parte order on the revised rate for playing music in five-star hotels and restaurants. The Federation of Hotel and Restaurant Association of India had moved the commission against the revised rates charged by the Phonographic Performance Ltd and the Association of Performers.

A senior member of the commission passed the status quo order in the absence of the chairman without hearing the opposite parties. He also directed an inquiry.

The Phonographic Performance, therefore, appealed to the Supreme Court, arguing that though the rates were revised in 1996, the petition was filed more than a year later, and that too during vacation. The commission heard it within a few days without the case being listed and a "blanket stay order" was given.

The Supreme Court bench consisting of Justice S C Agrawal, B N Kirpal and V N Khare observed in strong terms that the members should not have heard a case which was not even listed.

It was unusual that the case was heard with such great speed. They further said that this was not the first time such a thing happened.

In another curious twist to the case, the commission and the its investigating agency had also appeared before the Supreme Court to present their viewpoints. The court said that they were not supposed to defend the judicial order passed by the commission and justify it while the Supreme Court was examining it in the appeal.