Representation to initiate proceedings against Sudarshan TV under Companies Act

By Venkatesh Nayak*
I am sharing with you a copy of the representation I have recently submitted along with renowned academic and public intellectual – Prof. Jagdeep Chhokar, to The Secretary, Ministry of Home Affairs, Government of India with cc to The Secretary, Ministry of Corporate Affairs, Government of India, urging the initiation of appropriate action against M/s. Sudarshan TV Channel (UIN: U92112PN2003PTC018392) under the Companies Act, 2013 (click HERE to see the representation).
You may recall, in its order dated 15th September, 2020, in the matter of Firoz Iqbal v. Union of India, Writ Petition (Civil) No. 856/2020, the Hon’ble Supreme Court of India found the contents of the programme Bindaas Bol telecast between the 11th and the14th of September, 2020 by Sudarshan TV Channel, objectionable. The Court reasoned that the publication of patently false information in the guise of news coupled with a deliberate design to persecute a minority which is constitutionally entitled to dignity and equal regard which is afforded to all Indians was “not just palpably erroneous but [which] have been made in wanton disregard of the truth.”
So, a representation has been made to the competent authorities in the Government of India to initiate proceedings before the jurisdictional National Company Law Tribunal (NCLT) for winding up M/s. Sudarshan TV Channel- a company registered under the Companies Act, 2013- in accordance with Sections 271(b) read with Section 272(1)(f) of that Act. The relevant provisions of the Companies Act are reproduced below:
“271. Circumstances in which company may be wound up by Tribunal.— A company may, on a petition under Section 272, be wound up by the Tribunal,—
(a) if the company has, by special resolution, resolved that the company be wound up by the Tribunal;
(b) if the company has acted against the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality;
(c) if on an application made by the Registrar or any other person authorised by the Central Government by notification under this Act, the Tribunal is of the opinion that the affairs of the company have been conducted in a fraudulent manner or the company was formed for fraudulent and unlawful purpose or the persons concerned in the formation or management of its affairs have been guilty of fraud, misfeasance or misconduct in connection therewith and that it is proper that the company be wound up;
(d) if the company has made a default in filing with the Registrar its financial statements or annual returns for immediately preceding five consecutive financial years; or
(e) if the Tribunal is of the opinion that it is just and equitable that the company should be wound up.”
“272. Petition for winding up.— (1) Subject to the provisions of this section, a petition to the Tribunal for the winding up of a company shall be presented by—
(a) the company;
(b) any contributory or contributories;
(c) all or any of the persons specified in clauses (a) and (b);
(d) the Registrar;
(e) any person authorised by the Central Government in that behalf; or
(f ) in a case falling under clause (b) of Section 271, by the Central Government or a State Government.
(2) A contributory shall be entitled to present a petition for the winding up of a company, notwithstanding that he may be the holder of fully paid-up shares, or that the company may have no assets at all or may have no surplus assets left for distribution among the shareholders after the satisfaction of its liabilities, and shares in respect of which he is a contributory or some of them were either originally allotted to him or have been held by him, and registered in his name, for at least six months during the eighteen months immediately before the commencement of the winding up or have devolved on him through the death of a former holder.
(3) The Registrar shall be entitled to present a petition for winding up under Section 271, except on the grounds specified in clause (a) of that section:
Provided that the Registrar shall obtain the previous sanction of the Central Government to the presentation of a petition:
Provided further that the Central Government shall not accord its sanction unless the company has been given a reasonable opportunity of making representations.
(4) A petition presented by the company for winding up before the Tribunal shall be admitted only if accompanied by a statement of affairs in such form and in such manner as may be prescribed.
(5) A copy of the petition made under this section shall also be filed with the Registrar and the Registrar shall, without prejudice to any other provisions, submit his views to the Tribunal within sixty days of receipt of such petition.”
The aforementioned provisions of the Companies Act, 2013 came into force on 15/12/2016.
The Central Government has been urged to duly consider the attached representation and to initiate proceedings for winding up in the jurisdictional National Company Law Tribunal, of the Company, M/s Sudarshan TV Channel Limited, under the aforementioned provisions of the Companies Act, 2013 for its commission of acts prejudicial to public order, constitutional morality and indeed to the sovereignty, unity and integrity of India. I have filed this representation in my individual capacity as a concerned citizen.
—
*Senior Right to Information activist

Comments

Countrywide protest by gig workers puts spotlight on algorithmic exploitation

By A Representative A nationwide protest led largely by women gig and platform workers was held across several states on February 3, with the Gig & Platform Service Workers Union (GIPSWU) claiming the mobilisation as a success and a strong assertion of workers’ rights against what it described as widespread exploitation by digital platform companies. Demonstrations took place in Delhi, Rajasthan, Karnataka, Maharashtra and other states, covering major cities including New Delhi, Jaipur, Bengaluru and Mumbai, along with multiple districts across the country.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

'Gandhi Talks': Cinema that dares to be quiet, where music, image and silence speak

By Vikas Meshram In today’s digital age, where reels and short videos dominate attention spans, watching a silent film for over two hours feels almost like an act of resistance. Directed by Kishor Pandurang Belekar, “Gandhi Talks” is a bold cinematic experiment that turns silence into language and wordlessness into a powerful storytelling device. The film is not mere entertainment; it is an experience that pushes the viewer inward, compelling reflection on life, values, and society.

CFA flags ‘welfare retreat’ in Union Budget 2026–27, alleges corporate bias

By Jag Jivan The advocacy group Centre for Financial Accountability (CFA) has sharply criticised the Union Budget 2026–27 , calling it a “budget sans kartavya” that weakens public welfare while favouring private corporations, even as inequality, climate risks and social distress deepen across the country.

Budget 2026 focuses on pharma and medical tourism, overlooks public health needs: JSAI

By A Representative Jan Swasthya Abhiyan India (JSAI) has criticised the Union Budget 2026, stating that it overlooks core public health needs while prioritising the pharmaceutical industry, private healthcare, medical tourism, public-private partnerships, and exports related to AYUSH systems. In a press note issued from New Delhi, the public health network said that primary healthcare services and public health infrastructure continue to remain underfunded despite repeated policy assurances.

The Epstein shock, global power games and India’s foreign policy dilemma

By Vidya Bhushan Rawat* The “Epstein” tsunami has jolted establishments everywhere. Politicians, bureaucrats, billionaires, celebrities, intellectuals, academics, religious gurus, and preachers—all appear to be under scrutiny, even dismantled. At first glance, it may seem like a story cutting across left, right, centre, Democrats, Republicans, socialists, capitalists—every label one can think of. Much of it, of course, is gossip, as people seek solace in the possible inclusion of names they personally dislike.

Gujarat No 1 in Govt of India pushed report? Not in labour, infrastructure, economy

By Rajiv Shah A report by a top Delhi-based think tank, National Council of Applied Economic Research (NCAER), prepared under the direct leadership of Amitabh Kant, ex-secretary, Department of Industrial Policy and Promotion (DIPP), Government of India, has claims that Gujarat ranks No 1 in the NCAER State Investment Potential Index (N-SIPI), though there is a dig. N-SIPI has been divided into two separate indices. The first one includes five “pillars” based on which the index has been arrived it. These pillars are: labour, infrastructure, economic conditions, political stability and governance, and perceptions of a good business climate. It is called N-SIPI 21, as it includes a survey of 21 states out of 29.

Gujarat agate worker, who fought against bondage, died of silicosis, won compensation

Raju Parmar By Jagdish Patel* This is about an agate worker of Khambhat in Central Gujarat. Born in a Vankar family, Raju Parmar first visited our weekly OPD clinic in Shakarpur on March 4, 2009. Aged 45 then, he was assigned OPD No 199/03/2009. He was referred to the Cardiac Care Centre, Khambhat, to get chest X-ray free of charge. Accordingly, he got it done and submitted his report. At that time he was working in an agate crushing unit of one Kishan Bhil.

Planning failures? Mysuru’s traditional water networks decline as city expands

By Prajna Kumaraswamy, Mansee Bal Bhargava The tropical land–water-scape of India shapes every settlement through lakes, ponds, wetlands, and rivers. Mysuru (Mysore) is a city profoundly shaped by both natural and humanly constructed water systems. For generations, it has carried a collective identity tied to the seasonal rhythms of the monsoon, the life-giving presence of the Cauvery and Kabini rivers , and the intricate network of lakes and ponds that dot the cityscape. Water transcends being merely a resource; it is part of collective memory, embedded in place names, agricultural heritage, and the very land beneath our feet. In an era of rapid urbanization and climate-induced land–water transformations, understanding this profound relationship with the land–water-scape is strategic for sustainability, resilience, and even survival.

Search This Blog