In a brief hearing, a bench headed by Justice G S Singhvi stayed the tribunal's order and issued notice to late Bal Thackeray's grandson Aditya on whose plea TDSAT had passed the order.
The apex court passed the order on an appeal filed by TRAI challenging tribunal's order and asked Thackeray to respond to regulator's plea within six weeks.
With today's stay order, the sector regulator can enforce the circular till the apex court vacates its stay on the verdict by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
TDSAT had on July 17 termed the ceiling on SMSes as "arbitrary" and against the right of freedom of speech and expression guaranteed under the Constitution and had set aside the sector regulator TRAI's circular.
Uddhav Thackeray's son Aditya had submitted that the restriction on SMSes was just a "non-application of mind" by TRAI and the circular fixing ceiling "has not explained why and how the figure of 100/200 SMS(s) per day was arrived at."
He had further contended that no consultation process was adopted by TRAI before incorporating the clause in this regard in the Telecom Commercial Communications Customer Preference (8th Amendment) Regulation, 2011.
TRAI had permitted sending only 100 SMSes per day per SIM except on blackout days or days specially notified by it.
However, on November 1, 2011, it had increased the limit to 200 SMSes per day, per SIM.
These bulk SMS 's are only commercial one. To most of the subscribers they are nuance . When they do not want any disturbance the SMS cones and disturbs them. There is a clause which says if the subscriber do not.Want unsolicited mails, they could inform the service provider that they not want these mail by sending SMS saying they do not want such mails. Even after statutory 45 days limit they do come. Hence theses restrictions are all the more important. But for persons like Adithya, a political figure they are required. But public grievance should be answered first.
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