July 30, 2010: The Supreme Court rejected the fundamental rights petition filed by the Bharathi Airtel Private Limited against a minimum charge being imposed on mobile phone calls.
This decision was taken after a three-judge bench comprising Chief Justice Ashoka N. De Silva, listened to the facts presented by lawyers representing all parties to the case.
The Director General of the Telecommunication Regulatory Commission and the Attorney General were cited as respondents in the case.
At the commencement of proceedings, president's counsel Romesh de Silva, who appeared for Bharathi Airtel Private Limited told court that his client had spent a large amount of money to attract customers and is maintaining low call rates on a competitive level.
He further noted that by imposing a minimum charge, consumers will have to pay more for call charges and a great injustice will occur for international companies arriving to invest in the country.
Meanwhile, the president's counsel Shibly Aziz, appearing on behalf of the consumers, said that through such a move, the country would lose the opportunity to gain valuable technology for international companies.
President's counsel Manohara de Silva, who also appeared for the consumers said that before taking such a step, public opinion must be sought, as mentioned in the Consumer Protection Act.
President's counsel D. S. Wijesinghe, who appeared on behalf of the TRC, however, said that the government reached that decision by taking into consideration the sustenance of the industry as a whole.
