New Delhi, Dec 04: The Delhi High Court today quashed the Centre's notification deferring implementation of Conditional Access System (CAS) in the capital, saying it was an arbitrary exercise of power. "We hold that the issuance of impugned notification is an arbitrary exercise of power not supported by any valid reason and would be hit by article 14 of the constitution of India", a division bench of Chief Justice B C Patel and Justice A K Sikri said, quashing the August 29 notification. However, the court dismissed the petitioners' plea to quash the government's may 7 notification which required the cable operators to provide at least 30 free-to-air channels including three Doordarshan channels at a maximum charge of Rs 72 as it has already upheld the validity of the same. CAS was implemented in Chennai, Mumbai and Kolkata from September one but after the notification its implementation was deferred in the capital. Several petitioners, including Zee-promoted Siti Cable Network, Cable Network Association (CNA), had challenged the Centre's notification indefinitely deferring implementation of CAS here from September one, terming it as unconstitutional, illegal, arbitrary and contrary to public interest.
They had alleged that CAS was deferred in the capital for political considerations, undermining public interest.

Additional Solicitor General K K Sud had said CAS was temporarily deferred in the capital due to possible law and order problems and the Centre was not averse to its implementation. There was no political consideration behind the decision.
However, the court said "ex-facie, it is only a bogey created with no substance".
Bureau Report