NEW DELHI: Broadcast tribunal TDSAT today told the information & broadcasting ministry that it could continue its enquiry into an alleged communal comment made by one of the radio jockeys of Red FM, but the interim stay order on banning the channel for a week would continue till 13 November. The Telecom Disputes Settlement Appellate Tribunal, hearing the government argument, said that the stay would remain in place till the pendency of the hearing as it continues.

Red FM counsels Mukul Rohtagi and Raju Nair had told the court that the government had given it only half a days notice, whereas the regulation says that there should be a 15 days notice period, during which a showcause notice should be served, which too had not been done.

The government had passed an order last week banning the channel for seven days stating that one of the radio jockeys had passed a comment equating all Gurkhas as darwans (gatekeepers and guards), a statement allegedly made by the jockey in the context of a Nepali contestant winning the Indian Idol of the year.

However, countering the Red FM stand today in the court, government counsel Rajiv Mehra said that the relevant laws and regulations were that a maximum of 15 days notice could be served, but there was nothing in the law that stopped it from taking action earlier.

However, the tribunal said the heavens would not fall if the order is not executed with immediate effect and said that the government was free to continue to make its inquiry, and even come to a decision, without executing that decision till 13 Novembers.

Meanwhile, Red FM has filed an amended petition, which would come up for hearing on that date.

It may be recollected that I&B minister Priyaranjan Dasmunsi had stated in a news conference on 2 October that the government was the absolute authority on code of content, though the TDSAT could regulate other issues relating to television and radio broadcasting.

Red FM thus can continue to run freely till the next hearing.