Utkarsh Anand Profile picture
Sep 15, 2020 19 tweets 6 min read Read on X
#SupremeCourt is hearing a petition against @SudarshanNewsTV show on entry of #Muslims in civil services. The show has already been aired after channel assured Min of Info & Broadcasting that it doesnt violate any law.

But SC is clearly irked at the very foundation of the show.
Justices DY Chandrachud and KM Joseph have termed such a show as "insidious" & "rabid" since it tends to target one particular community sitting for UPSC exams.

"Can this be tolerated?" judges ask SG Tushar Mehta.
"Your client is doing a disservice to the nation and is not accepting that India is a melting point of diverse culture. Your client needs to exercise his freedom with caution," SC tells sr adv Shyam Divan, who appears for #SudarshanNews & sought time to file a formal reply.
SG Tushar Mehta, on his part, has pointed out that freedom of journalists is supreme & it would be fraught with dangers, disastrous for a democracy to control press.

Mehta also talks about web portals as a new form of media which is also completely unregulated.
SC asserts there has to be some kind of self-regulation, checks for media & that journalists must also be governed by some principles. Judges agree that State can't regulate media but emphasises on the need to have certain principles to guide them.

Bench takes a 45 min break
Hearing had resumed.

Adv Shadan Farasat submits that the show is a nine-part series & since it is continuing, some interim order may be required.

Bench says it will hear everyone till 4 today.
News Broadcasters' Assocn appears through its lawyer.

Justice Chandrachud asks the lawyer if NBA exists apart from its letterhead.

"What do you do when a parallel investigation is run by the media, tarnishing everyone's reputation?"
SG Tushar Mehta points out #Youtube etc as new forms of media where regulations may not be possible.

Judges repeat that just because they can't control everything, it can't that they won't control anything at all.
SG Mehta also points out to TV programmes on "Hindu terror" that went unchecked.

He adds a show of a website alarmed people about scarcity of food & food riot etc which was also a cause of migration. "How is this less serious than a threat to communal harmony."
As Justice KM Joseph says problem with electronic media is about their race for the TRPs, in which they damage reputation of people.

SG replies then it also needs to be seen if potential accused should be given a platform to raise their defence.
Adv Farasat is now advancing his arguments on how the #SudarshanNews show is a manifest if hate speech where #Muslims have been said to be a terror & unworthy of civil services. He adds this isn't at a pre-broadcast censorship stage any longer since 4 parts have been telecast.
On being asked, #SudarshanNews counsel Shyam Divan has declined to stop next episodes till SC decides.

Divan says if the court wants to go through what's being aired, it must watch the whole thing & not just snippets from here & there, without any perspective.
Divan adds #SudarshanNews perceives this to be an investigative story.

"There is an enormous amount of fundings from abroad which is proving to be not friendly to India. They believe it is their duty to inform citizens about it."
"As the #SupremeCourt of this nation, we can't allow you to say #Muslimsnare infiltrating civil services..we can't tolerate this. Noone can say journalists have absolute freedom to say anything," observes Chandrachud J, saying more episodes shouldn't telecast till case is heard.
Divan opposes the proposed interim stay order, saying this will be a restraint on free speech & free press. He reiterates the show highlights foreign funding.

"Besides, there is a statutory authority to decide. This court can't substitute that authority."
Bench starts dictating order: "It appears to the court that object of the programme is to vilify Muslim community and make it responsible fir an insidious attempt to infiltrate civil services."
"Edifice of a stable democratic society is based on coexistence of communities. Any attempt to vilify a community must be viewed with disfavour."
"Pending further orders, #SudarshanNews stands injuncted from any more broadcast on this subject, by any other name too," directs SC.
SC adds it is inclined to have a committee of 5 distinguished citizens who can suggest certain standards for electronic media. "We don't want this to be politically divisive. We just need members who are of commendable stature."

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More from @utkarsh_aanand

Oct 3
Sadhguru's Isha Foundation moves the #SupremeCourt, challenging the Madras HC order that led to police personnel entering the ashram to conduct inquiries. Central government supports the petition.

Sr adv Mukul Rohatgi seeks an urgent hearing today.
Rohatgi to SC: There's someone behind all this. The habeas corpus petition filed by the mother of two women, who are now monks, was disposed of 8 years ago. Now, the father comes back and despite the monks expressing their desire to stay put, the high court ordered inquiry.
#CJI enquires if the two women are online.

Rohatgi says the women are connected online and are willing to make a statement right away.

The bench waits for the women to appear online.
Read 9 tweets
Jul 20, 2021
#SupremeCourt reproaches the #Kerala Govt over #lockdown relaxations owing to #Bakrid. SC calls it shocking state of affairs that the state government gave in to pressure groups.
SC adds affidavit by the #Kerala Govt is alarming & doesn't in real manner safeguards right to life guaranteed to all the citizens of #India.
#SupremeCourt underlines if there is any spread of the infection due to the relaxations by the #Kerala Govt owing to #Bakrid, any person can bring it to the notice of the court which will then take appropriate action.
Read 4 tweets
Jul 19, 2021
Hearing to commence before the #SupremeCourt on suo motu on the #KanwarYatra.
An application has been filed in this matter by @pkdnambiar against relaxation of lockdown norms in #Kerala for #Bakrid celebrations.
Hearing begins. Court goes through the latest affidavit by the #UttarPradesh Govt, cancelling the #KanwarYatra.
Sr adv CS Vaidyanathan reads out the affidavit that states that kanwar sanghs have themselves decided not to have the #KanwarYatra & hence, no orders from the state disaster management authority is required.
Read 6 tweets
May 26, 2021
Of 527 pages on acquittal of Tarun Tejpal, #Goa judge Kshama M Joshi has used around 400 pages, dissecting testimony of the complainant in arriving at how an 'educated journalist' should've known whether she 'pulled up' her underwear or 'picked up'.
Goa court scans the complainant's phone & messages to note that "it was entirely the norm" for her to have flirtatious relationships & sexual conversations with friends & acquaintances.
Since she refused to give access to her email citing concerns of privacy when her phone details had already been used to humiliate her over her personal details, #Goa judge holds that she "wants to hide something."
Read 10 tweets
May 25, 2021
#SupremeCourt issues notices to #WestBengal Govt & Centre on a PIL for a SIT probe into post-poll violence in the state & massive displacement of people.
SC also seeks responses from national commissions for women & children on providing relief in camps etc. Next hearing in June
Another petition filed by families of two #BJP supporters allegedly killed by #TMC workers will also be taken up by the #SupremeCourt later today.
#WestBengal Govt, through sr adv Sidharth Luthra, points out that post-poll violence matter is already pending before a five-judge bench in the #Calcutta HC and hence, the #SupremeCourt may not need to hear this matter at this juncture.
Read 5 tweets
May 24, 2021
#SupremeCourt commences hearing of its suo motu proceedings on ameliorating the conditions of migrant workers during the #COVID19 induced #lockdown.

It expresses displeasure at Centre not submitting its affidavit in time.
"You were directed to file your affidavit a day before the hearing but you have done it just now. Our orders are meant to be compiled with," SC tells Centre.

Adv Prashant Bhushan, appearing on behalf of some activists, addresses the shortcomings in replies filed by states.
SC clarifies it hasn't directed states to grant cash transfer in lieu of dry ration after Bhushan mentions that court also wanted to know about cash transfers.

As he talks about cooked food, SC observes the situation doesn't appear to be as grave as last year for migrant workers
Read 13 tweets

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