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15 Sep, 88 tweets, 50 min read
Chaudhari: I want to show some graphics. They have used Urdu graphics as well. What does this mean?

Justice Chandhrachud: We want to also hear the Solicitor General. What do you say?
@sudarshannewstv
#SupremeCourtOfIndia
#sudarshannews
#bindasbol
Justice Chandrachud adds: An anathema on 19(1)(a) to impose censorship but at the same time human dignity has to be taken into account and some standards have to imposed which in fact, go beyond this program.

@sudarshannewstv

#SupremeCourtOfIndia
#sudarshannews
#bindasbol
SG: Law available for your Lordships assistance.

SG relies on Bonard v. Perryman, an 1891 ruling.

@sudarshannewstv

#SupremeCourtOfIndia
#sudarshannews
#bindasbol
Justice KM Joseph: 4 broad features that require to be looked at. 19(1)(a) and right to information both work together.
I feel we should have a system for visual model as to who owns what website. Second there should be the revenue model for access.

@sudarshannewstv
Justice KM Joseph: This information should be available for public access.
Other thing is the content.
Usually, media houses should be left to present views but their actions should be pre-emptive to communalism etc.

#sudarshannews #BindasBol #UPSCJihad
Justice KM Joseph: The media does not have a freedom of press unlike the American Constitution. I see many channels mute people when they're giving their opinion and it goes against the Anchor's views. This is so unfair.
#sudarshannews #BindasBol
#communal
Justice Chandrachud: Electronic media is as powerful as the print media because the access of electronic media is extraordinarily huge and broad and it can become a focal point for destabilising the nation by targeting particular communities.
#sudarshannews
#BindasBol
#communal
This program was so insidious. Citizens from a particular community who go through the same examinations and get interviewed by the same panel. This also casts aspersions on the #UPSC examination. How do we deal with these issues? Can this be tolerated?," Chandrachud J.
Justice Chandrachud puts a question to the SG: Can this be tolerated in a free society? Perhaps an important petition for us to look at whether self-regulation can be put forth.
#SupremeCourtOfIndia
#BindasBol
#UPSCJihad
#PressFreedom
Justice Chandrachud: Question is, is this truly exercise of Article 19(1)(a)

SG: It would be disastrous for any democracy to control the media. The right of a journalist cannot be taken away.
SG: Your Lordships have perhaps not had the chance to look at the rabid things being put forth both ways - not on the right wing, left wing of it, but the question is, can it be regulated?

#PressFreedom
#SudarshanNews
#BindasBol
SG: Something nasty written about me, can we really do anything about it? It is press freedom after all.

Justice Chandrachud: I am on the aspect of mainstream media.
#PressFreedom
#SudarshanNews
#BindasBol
SG: The ownership of a media platform often reflects and percolates on the views expressed in the portals.

Justice KM Joseph: No freedom is absolute, not even journalistic freedom.
#PressFreedom
#SudarshanNews
#BindasBol
Justice KM Joseph: We need to have debates where others should be allowed to speak as against the anchor only.

Justice Chandrachud: Fair comment and equivalent duty of the right to fair response. Journalists must be governed by certain principles.
#PressFreedom
#SudarshanNews
Justice Chandrachud: This is a very difficult area of regulation undoubtedly, but we are trying to spread a wider auspice of dialogue. Look at this program Solicitor, how rabid can it get? Targeting a community who are appearing for Civil services.
#PressFreedom
#SudarshanNews
The Justice Chandrachud-led bench says the bench will hear it after 45 minutes.

Senior Advocate Shyam Divan: I am seeking some time. I have just received a copy of this.
Justice Chandrachud We expect some restraint from your client, will undoubtedly give you time. You client is doing a disservice to the nation by doing what it is doing.

Divan: This was an investigative story for national security.
#sudarshannews #pressfreedom
Justice Chandrachud: When we come back at 2: 45 we expect your client to tell us what he is planning to do in the meantime.

Bench will continue hearing this case at 2.45 PM
Advocate Shadan Farasat: The broadcasts of this show are continuing. I want to address your lordships on that.

@sudarshannewstv
#PressFreedom
#SudarshanNews
#BindasBol
Justice Chandrachud: We will hear you all. But we will hear you till 4 PM. After that we will rise for the day.

SG: That seems like a "reasonable restriction" on free speech.
@sudarshannewstv
#PressFreedom
#SudarshanNews
#BindasBol
Solicitor General Tushar Mehta: I will not confine of spectrum on electronic or print media. This is because both overlap in today's times. There are web channels for these news channels. I will illustrate how.
@sudarshannewstv
#PressFreedom
#SudarshanNews
#BindasBol
SG: To illustrate this, using @gautambhatia88's example, with due respect.
Suppose he writes something, to which i don't agree and he takes a position on a particular subject and I want to settle a score. Tomorrow I may choose to write an article which is nasty against him.
SG: Various platforms are there.

Justice Chandrachud: Electronic media house which is dedicated to profit making has to be differentiated from the individual blogs.
#SudarshanNews
#BindasBol
SG: I may post a nasty article someone wrote against someone, this person may have readership.

Justice Chandrachud: Article 14 specifies that law does not have to regulate everything to regulate something.

#SudarshanNews
#BindasBol
SG: I am not on intellectual blogs. For example, there are channels which I am running and someone is investing in this. If tomorrow, I post a video saying that India has no stock of paracetamol....

#SudarshanNews
#BindasBol
#PressFreedom
Justice Chandrachud: Act says that communal reporting cannot be done.

SG: Some channels were bombarding with "Hindu terror!" some time ago. The question is to what extent can the content be controlled?
#SudarshanNews
#BindasBol
#PressFreedom
Justice Chandrachud says that sources will have to be identified.

#SudarshanNews
#BindasBol
#PressFreedom
Justice KM Joseph: So many things masquerading as rights, that in essence tramples Article 19.

#SudarshanNews
#BindasBol
#PressFreedom
Advocate Shadan Farasat begins submissions.
"I have moved an IA. This show has been broadcast thrice. The content of this broadcast is nothing but the vilification of the muslim community and that their participation is wrong"
#SudarshanNews
#BindasBol
#PressFreedom
Farasat: I have seen this show. What is the essence of hate speech? It means demeaning of a particular community or an individual. Hate speech is impossible to respond to.
How do I respond to "Muslims are not worthy of the Civil Service?"
#SudarshanNews
#BindasBol
#PressFreedom
Farasat: The promo of the show, I want to share it with your lordships. I want to show it parts.

Divan: Don't your lordships first want to see the full program? I had requested two weeks to file a reply.

#SudarshanNews
#BindasBol
#PressFreedom
Justice KM Joseph: If you want that, you must undertake to defer the program.

Divan: I won't defer that and don't intend to make that concession but want your lordships to see the entire program instead of snippets here and there.
#SudarshanNews
#BindasBol
#PressFreedom
Divan: There are a total of 10 episodes.
1st on 11th September and then on 12th, 13th & 14th. Four episodes have been run. The show will be run tonight and will be run successively.
Rather than have snippets of this show, full program must be looked at.
Farasat: I have the entire show with me. I intend to only show the vicious nature of the show.

Justice Chandrachud to Divan: Can you tell us in a nutshell, a drift of the program that you are running?

#BindasBol #SudarshanNews #sudarshantv
Divam: Investigative story and a show of what the journalist has discovered & that it is in public interest to bring forth this story. Enormous amount of funding which is from overseas sources which are inimical to the interests India. This is the Channel's perspective.
Divan: The channel has mentioned that the show is not violative of the programme code.
#BindasBol
#SudarshanNews
Divan,responding to J Chandrachud's query on "what is the drift of the show" -
It is an investigative story. The Channel believes it a national security issue. There is enormous funding from overseas from sources who are inimical to India. This is the channel's perspective.
Divan says that Sudarshan News reached out to the parties under investigation but none of them responded.
Justice Joseph asks what is the consequence of violating the program code.

Shadan Farasat replies Sections 19 and 20 of the Cable TV Act deals with the consequences.

#SudarshanNews
#SureshChavhanke
Adv Sharukh Alam, in another intervenor petition filed bya group of JMI students, submits that the channel was using hashtags like "USPC Jihad", "Muslim Infiltration" for the promotion of the show.

#SudarshanNews
#SureshChavhanke
The show is openly instigating violence. The show is interactive and viewers are giving live feedbacks calling the community "traitors" etc : Sharukh Alam.
#SudarshanNews
#SureshChavhanke
Another viewer said that his son said that he wanted to become like Suresh Chavhanke who will act against anti-nationals : Sharukh Alam.
#SudarshanNews
#SureshChavhanke
The videos have over thousands of likes and retweets. There is constant interaction. Some viewers are talking about physical meeting. It is not only at the level of hate speech. There is a concerted way to spread hatred : Sharukh Alam.

#SudarshanNews
#SureshChavhanke
Shadan Farast refers to Section 5 of the Cable TV Act which bars transmission of content which violates program code. Section 20 gives power to prohibit telecast of contents violating program code.
#SudarshanNews
#SureshChavhanke
Farasat is now sharing a clip from the 'Bindas Bol' show of Sudarshan TV telecast on September 11 for the bench to see.
@SudarshanNewsTV

#SudarshanNews
#SureshChavhanke
Due to some technical issues, the video was not playing.
#SudarshanNews
#SureshChavhanke
Farasat, therefore, refers to the screenshots of the show annexed in the application.
#SudarshanNews
#SureshChavhanke
Farasat says that the show had made outright false statements such as Muslims are given more chances for attempt in UPSC.
"How does this come under investigative journalism, as Mr. Divan put it?", he asks.

#SudarshanNews
#SureshChavhanke
Farasat says that the show had made baseless allegations against former PM Manmohan Singh and that he had links with terrorists.
#SudarshanNews
#SureshChavhanke
Farasat : The show says there Muslims coming into UPSC is a terror conspiracy.
#SudarshanNews
#SureshChavhanke
Farasat : The show is nothing but hate speech and communalizing Muslims selection in UPSC, which is being done under the garb of investigative journalism.

#SudarshanNews
#SureshChavhanke
Adv Vishnu Jain for the channel says that the statements of Farasat are wrong.
#SudarshanNews
#SureshChavhanke
Justice Chandrachud asks Shyam Divan to defer the telecast of the show until the court hears the matter day after tomorrow.

Divan : I staunchly resist it as a freedom of speech issue.

#SudarshanNews
#SureshChavhanke
Justice Chandrachud : We already have had four episodes. We already know the theme of the show.

#SudarshanNews
#SureshChavhanke
Divan vehemently opposes. "There is a foreign funding issue. There cannot be prior restraint".

#SudarshanNews
#SureshChavhanke
J Chandrachud : This is not a freedom of speech issue. When you say there is a conspiracy by Muslims to flood the civil services...

Divan interrupts. "We are not saying that".

#SudarshanNews
#SureshChavhanke
J Chandrachud : When you say students of Jamia are part of a conspiracy to infiltrate civil services, that is not permissible. You cannot target one community and brand them a particular manner.

J Joseph quips in : That too by making factually incorrect statements.
J Chandrachud : This is an insidious attempt to malign a community.

#SudarshanNews
#SureshChavhanke
@SureshChavhanke
Divan says he agrees that there cannot be the branding of a particular community or a particular insitution. He says the issue is different and reads out the order passed on August 28 refusing to stay the telecast.
#SudarshanNews
#SureshChavhanke
@SureshChavhanke
J Chandrachud : As a Supreme Court of the nation we cannot allow you to say that Muslims are infiltrating civil services. You cannot say that the journalist has absolute freedom doing this.
#SudarshanNews
#SureshChavhanke
Divan says there is no change of circumstance from August 28(when the court refused to stay) and now.

He also points out that the Central Government has not interfered with the telecast of the show, which is an important development.
#SudarshanNews
#SureshChavhanke
Divan : There cannot be a vilifaction of community. I agree. But one slide taken from here and another slide taken from there is not the whole show.

#SudarshanNews
#SureshChavhanke
Divan undertakes to come back day after tomorrow giving explanations to each of the slides cited by the petitioners, and to file an affidavit about the larger theme of the program.
#SudarshanNews
#SureshChavhanke
Divan says that there is no case to interefere with the telecast of the show based on some slides cited by the petitioners/intervenors.
#SudarshanNews
#SureshChavhanke
Divan says that he will come back day after tomorrow with an affidavit so that the court can decide whether to apply prior restraint order with full materials.
#SudarshanNews
#SureshChavhanke
'A journalist thinks he has discovered something. He may be right or wrong. He thinks he is doing his duty by unravelling the foreign funding. If he is incorrect, he will have to face the consequences. There is a whole regime, whole scheme under the Act to deal with that' :Divan.
Justice Joseph refers to the program code and says that it prohibits telecast of shows "promoting communal attitude".

That is against the diversity and harmony of our country, Justice Joseph.
#SudarshanNews
Solicitor General says that there are statutory authorities to deal with the violations.

Justice Josehp says - 'the damage will be irreversible'.

#SudarshanNews
#SureshChavhanke
J Chandrachud : After the Centre passed the order on September 9, the broadcast took place on 11,12, 13 and 14. Did anybody in the Ministry apply their mind on the broadcast whihc happened from 11 -14?

Solicitor General : I will have to take instructions.
Gautam Bhatia, appearing for retired civil servants, making submissions. Says he is to assist the court on an authoritative pronouncement on hatespeech.

@gautambhatia88
Bhatia : Hate speech undermines the idea of free marketplace of ideas. The targeted community is deprived of the opportunity to respond or defend. The consideration on prior restraint is different in a case of hate speech.
@gautambhatia88
Bhatia submits that the deferring the telecast of the show for two days until the court considers the matter day after tomorrow is a reasonable response as the issue pertains to hate speech.

@gautambhatia88
Justice Chandrachud is now dictating the order.

#SudarshanNews
#SureshChavhanke
@SudarshanNewsTV
@SureshChavhanke
J Chandrachud notes in the order that four episodes have already been telecasted and the remaining episodes are to be telecasted from September 15 to 20.

#SudarshanNews
#SureshChavhanke
@SudarshanNewsTV
@SureshChavhanke
The petitioners submitted that circumstances which weighed with the court in declining a pre-broadcast order on August 28 have changed with the telecast of four episodes with communal tenor, notes J Chandrachud in the order.
#SudarshanNews
#SureshChavhanke
@SudarshanNewsTV
J Chandrachud notes in the order that the petitioners submitted that the show had factually incorrect statements such as Muslims had different upper age limit and more attempts for UPSC exam.

#SudarshanNews
#SureshChavhanke
@SudarshanNewsTV
@SureshChavhanke
The petitioners submit that the broadcast falls in the realm of hatespeech : the bench notes in the order.

#SudarshanNews
#SureshChavhanke
@SudarshanNewsTV
@SureshChavhanke
Solicitor General submitted that the wider issues of the case have to be addressed from the perspective of not just electronic media but also other media from which objectionable content can be shared : SC notes in the order.
#SudarshanNews
#SureshChavhanke
@SudarshanNewsTV
Mr Syam Divan submitted that there is no change in the position from Aug 28 when the Court declined pre-broadcast order, and that the show was an investigative journalistic piece raising issues concerning national security : SC notes in the order.
At this stage, prima facie, it appears to the court that the object, intent and purpose of the program is to vilify the Muslim community with an insidious attempt to portray them as part of a conspiracy to infiltrate the civil services : SC states in the order.
#SudarshanNews
There are factually incorrect statements made in the program regarding the upper age and number of attempts for Muslims in UPSC exams : SC states in the order.

#SudarshanNews
#SureshChavhanke
@SudarshanNewsTV
@SureshChavhanke
The edificie of a stable democracy society under a regime of constitutional rights and values is founded on co-existence of communities. India is a melting pot of civilizations, cultures and values : SC

#SudarshanNews
#SureshChavhanke
@SudarshanNewsTV
@SureshChavhanke
Any attempt to vilify a community must be viewed with great disfavour by this court which is a custodian of constitutional rights : SC

#SudarshanNews
#SureshChavhanke
@SudarshanNewsTV
@SureshChavhanke
We order and direct, pending further orders of the court, Sudarshan News TV is restrained from telecasting the show in continuation of the shows already telecasted either under the same or a different caption : SC

#SudarshanNews

@SudarshanNewsTV
@SureshChavhanke
The Court will consider the issue again on Thursday, September 17.
#SudarshanNews

@SudarshanNewsTV
@SureshChavhanke
Breaking: SC restrains Sudarshan News TV @SudarshanNewsTV from telecasting the remaining episodes of 'Bindas Bol' program until further orders of the court, after prima facie observing that the object of the show was to vilify Muslims.

@SureshChavhanke
J Chandrachud, after dictating the order, orally remarks that the court was thinking to appoint a committee of five distinguished citizens who can come up with certain standards for the electronic media.

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