New Delhi: Defending the 200 SMSes per day cap , TRAI Wednesday said it has tried to balance the rights of receiver and sender of messages.
Senior advocates Meet Malhotra and Saket Singh -- appearing for TRAI -- said that a subscriber enjoys freedom of expression guaranteed under the Indian Constitution, but it has some restrictions also.
"Right of a receiver and viewer (of SMS) is more important... He can not have inherent right to send so many messages to anyone," said Telecom Regulatory Authority of India (TRAI) counsel, adding that the decision was taken keeping in view the greatest interest of the people.
They submitted that the regulator has taken decision after considering various complaints of unsolicited SMSes received from the consumers.
TRAI's submission came during the final hearing of a petition filed by Shiv Sena chief Bal Thackeray's grandson Aditya, who challenged TRAI's circular limiting the number of SMSes.
Terming the ceiling as "arbitrary" and against the right of freedom of expression guaranteed under the Constitution, Aditya said that as President of Yuvasena - the youth wing of Shivsena - he has to send SMSes to keep in touch with his followers and public, and sought personal exemption from restriction on the number of SMSes per SIM.
Earlier in this matter, TDSAT had issued a notice to TRAI directing it to file a reply within two weeks and listed the matter for today.
TRAI 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 increased the numbers to 200 per day.