New Delhi: The case of the controversial program of a private channel reached the Supreme Court and the Delhi High Court for judicial review on Friday. The program claims to have ‘made a big disclosure of the conspiracy to involve Muslims in government service’.
The Supreme Court refused to ban Sudarshan TV’s “Bindaas Bol” program before airing. But the High Court, in an interim order, stayed the telecast of the program to be telecast at eight o’clock tonight. A bench of Justice Naveen Chawla in the Delhi High Court, while hearing the petition of former and current students of Jamia Millia Islamia University, stayed the telecast of the program on Sudarshan TV.
A bench of Justice DY Chandrachud and Justice KM Joseph in the Supreme Court held that it would have to be vigilant before a prior ban on broadcasting or publication of ideas. A lawyer said that in view of judicial discipline and traditions, the decision of the Supreme Court will be effective before the decision of the Delhi High Court and there is a strong possibility that the matter will be transferred to the apex court in the coming dates of hearing. The Supreme Court said that at this stage it has avoided imposing pre-broadcast prohibition on the basis of unverified transcription of 49 seconds. The court should be circumspect in putting a prior ban on publication or broadcast of ideas.
The bench said it noted that under the statutory provisions, the competent authorities have been given powers to ensure compliance with the law. These include provisions for criminal law to ensure social harmony and peaceful co-existence of all communities. The court issued notice to the Center, Press Council of India, News Broadcasters Association and Sudarshan News on a petition filed by a lawyer named Firoz Iqbal Khan. This petition is related to the program to be aired at eight o’clock tonight.
The bench asked the various parties to reply to the notice by 15 September. The bench said that on the next date of enlistment, the court would consider appointing an amicus curiae (amicus curiae) to help guide a resolution relating to the protection of constitutional rights. A bench of Justice Naveen Chawla of the Delhi High Court has issued notice to the Central Government, Union Public Service Commission (UPSC), Sudarshan TV and its Editor-in-Chief Suresh Chavanke on a petition filed by former and current students of Jamia Milia Islamia. .
The High Court has listed the subject for September 7. During the hearing, advocate Shadan Farashat, appearing for the petitioners, while showing the video clip of the trailer of ‘Bindas Bol’ program released by the TV channel, said that it violated the (TV) program manual. He said that if this program aired, the petitioners would suffer irreparable damage. Anurag Ahluwalia, counsel for the central government, who appeared in the court on behalf of the Ministry of Information and Broadcasting, said that the ministry has received many complaints in this regard.
The TV channel has been issued a notice seeking clarification. The court said in its order, “Considering the arguments, till the next hearing, the defendants Nos. 3 and four (Sudarshan TV and Chavanke) are ordered to stop airing the program ‘Bindas Bol’ to be telecast at eight o’clock tonight. “
