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18 Sep, 147 tweets, 82 min read
𝐒𝐮𝐝𝐚𝐫𝐬𝐡𝐚𝐧 𝐓𝐕: “𝐔𝐏𝐒𝐂 𝐣𝐢𝐡𝐚𝐝”:

SC to continue hearing plea challenging Sudarshan TV’s #UPSC_Jihad show today.
Sr. Adv Shyam Divan is expected to argue for the Channel, seeking vacation of stay on airing of the episodes at 12 PM
#SupremeCourt’s Justice Chandrachud led bench had restrained Sudarshan TV News from telecasting remaining episodes of the 'Bindas Bol' show about Muslims clearing the UPSC exam until further orders, after prima facie observing that the object of the show was to vilify Muslims.
@SudarshanNewsTV has stated that the show has been made out of investigative journalism, which reveals “illegal foreign funding” tied to terrorist linked organizations of UPSC coaching centres that cater to the minority community.

Sr. Adv. Sanjay Hegde is appearing for @zakatindia.

“We have a watching brief. We are in the middle of this plea. If we are not a party, then court may implead us if Divan refers to us. We are on the larger question here.”

@SureshChavhanke #SudarshanNews
Justice Chandrachud states that Divan has raised a substantial question about Hegde’s client and it’s his decision if he wishes to intervene or not.

Hegde: We are a charitable organization.
Justice Chandrachud : @SureshChavhanke has submitted that your organization has a conflict. The PIL is not about you or to enquire into your affairs. If you want to intervene, we can ask Mr. Divan and implead you.

Hegde: All that is being said here is often repeated outside the court. Today, there is an application for live telecast of the proceedings. Zakat Foundation of India is non-sectarian and out of 27 people the channel alleges, 4 are non Muslims.
Hegde: We don't conduct any residential programs. We only pay the fees of the IAS coaching classes. Such social service is not being done even at the government level.

Justice Chandrachud: If you want to be impleaded, we’ll implead you. The more, the merrier.
Sr. Adv. Shyam Divan commences his submissions.

“I thank your Lordships for assembling today. I want to project what the concerns of the journalists are and there is a need for public discussion and debate”.
Divan: This is going to be a serialised telecast, with 4 of the episodes behind us. I will classify the concerns in this Affidavit in 4-5 baskets. This will the second endeavour.

#SudarshanNews @SureshChavhanke
Divan: My third endeavour will be on the aspect of law. The fourth one will be how Constitutional courts should not enter into endeavours which indulge in prior restraint as that may create imbalance in the broader structures.

#SudarshanNews @SureshChavhanke
Divan refers to his Affidavit and he prefaces it with the submission that if facts of a journalist are solid, then one may make any inference. He states that the Editor-in-Chief is aware of these obligations and believes that they are solid facts.
#SudarshanNews @SureshChavhanke
Divan: He is conscious of how the programme is a live stream and as far as his story is concerned, he is not against a particular community and just wants to present facts. This is a programme on investigative journalism.

#SudarshanNews #UPSCJihad @SudarshanNewsTV
Divan refers to the Affidavit and states how Chavhanke considers the show to be a form of investigative journalism and how it is his duty to bring the truth to his audience.

#SudarshanNews #UPSCJihad @SudarshanNewsTV #BindasBol @SureshChavhanke
Divan: We have been operating for 15 years. We are there. We submit to the laws. We are here and we will face the consequences, only after we submit that we believe that we are not transgressing.

#SudarshanNews #UPSCJihad @SudarshanNewsTV #BindasBol @SureshChavhanke
Divan refers to the Affidavit and how Zakat Foundation is attempting to fund students applying for the Civil Services and there is no knowledge of the source of funding.

#SudarshanNews #UPSCJihad @SudarshanNewsTV #BindasBol @SureshChavhanke
Divan: The thrust of the programme is that there is a conspiracy. Nowhere does it say that members of a certain community should not join Civil Services. Funds from a tainted organisation are being obtained to infiltrate the bureaucracy.
#SudarshanNews #UPSCJihad #BindasBol
Divan: Our channel endeavoured to expose anti-national activities and the manner in which some persons are being recruited in All India Civil
Service under a design to induct persons with the financial support of international fundamentalists to achieve their oblique motives.
Divan submits that the founder of Zakat Foundation, Syed Zafar Mahmood, had been approached to place his side of the story. He says that the same exhibits Chavhanke’s attempt to bring forth both the sides of the story.

#UPSCJihad #BindasBol @SureshChavhanke @SudarshanTVnews
Divan lists the groups (allegedly pro-Pak groups) which formed the source of exorbitant funding for the Foundation.

He also lists the amount which has been donated and quotes articles to back the investigation.

#UPSCJihad #BindasBol @SudarshanTVnews @SureshChavhanke
Details of the Counter-Affidavit can be read here. Divan is currently reading out this Affidavit before the Bench.

#UPSCJihad #BindasBol @SureshChavhanke…
Justice Chandrachud notices that Justice Joseph is not on the screen.

Solicitor-General Tushar Mehta notes that he is still present on the screen.

Divan: Justice Joseph, did we lose you for some time or should I continue ?

#UPSCJihad #BindasBol @SureshChavhanke #SudarshanTV
Divan reads out the following excerpts as per the FCRA records available.

#UPSCJihad #BindasBol @SureshChavhanke #SudarshanTV
Divan: I believe this is not just a rant without facts. The facts have been investigated, they have been collated. I believe under my fundamental right to speech and expression, I am entitled to project these to the TV media.

#UPSCJihad #BindasBol @SureshChavhanke #SudarshanTV
Divan: The Medina Trust is completely different because Medina is a common name. A responsible journalist must be open to counter and change. When facts-based journalism is projected, primarily in Episode 2.

#UPSCJihad #BindasBol @SureshChavhanke #SudarshanTV
Divan: Suppose there was a pre-publication ban before the episode, my answer is that the public may have lost out on a large piece of information that he made an effort to collate.

#UPSCJihad #BindasBol @SureshChavhanke #SudarshanTV
Divan: Is it frivolous ? No. Can it be contested ? Yes. Zakat Foundation USA is not the same that funds the Indian one. Medina Trust could be different name. A responsible journalist must entertain the response, contest it or agree its wrong.
Divan: These are weighty facts, these are weighty issues, and I as a journalist have the duty to project these facts and issues to the public. I could be wrong about FCRA, but the way is not to ban. The way is to contest.
Divan: The second point is that there is an important social issue here. The issue of reservation. Just last week, a 3-Judge Bench referred the issue of SEBC to a larger Bench. It’s a social issue and an important issue which we are entitled to discuss. This is the second basket.
Divan now refers to Para 24 of the Counter with respect to the reservation issue.
Divan: The answering Respondent states that a minority community is taking benefit of OBC and minority scheme simultaneously and the same is a political and social issue which is why we are seeking a debate.

#UPSCJihad #BindasBol #SudarshanTV
Divan: The answering Respondent has further questioned whether the benefits granted to OBC from a minority community must be reviewed. It is respectfully submitted that in this context there was a graphic of 32 years ‘General candidate’ compared with 35 years OBC minority
Divan: The answering Respondent while explaining the graphic had clarified that it is for Muslim OBC and not for General category Muslims candidate.
Divan: If a news channel is raising an objection of Muslims taking benefit of OBC quota the same cannot be communal and in this country time and again these questions and this debates are in public domain.
Divan submits that Chavhanke has not limited his arguments to all Muslims as the AGR relaxation and reservation pertains to only Muslim OBC.

#SudarshanNews #UPSCJihad
Divan now delineates the content of all the Episodes.

#SudarshanTV #UPSCJihad
Divan now takes the Bench to the slideshow made by Syed Zakar Mehmood on the Kashmiri Renaissance. He states that just as Mehmood has the right to his freedom of speech, we have the right to criticise that speech.

#UPSCJihad #SudarshanTV #BindasBol
Divan now showcases the slideshow by Zakat Foundation.
Divan: When a journalist has investigated and found material regarding foreign funding. I think in our country, that person has the right to criticise this and present his version of the events. He may be right or may be wrong.
Divan: People can switch off the channel. People can contest. He can present his version of events. The public or the informed citizen can take a call and make a decision for themselves as to whether they want to believe it or not.

#SudarshanTV @SureshChavhanke #BindasBol
Divan: I wish to engage the Court on the thought of whether there was a Pre-publication ban and the first four episodes weren’t aired to the public.

SG asks Divan to pause as the Bench tries to find whether the material is on record.
Divan: It wouldn’t have served public interest had the episodes been banned. This is fact-based. All these issues; the terror-funding, foreign funding, notion of delimitation and whether there ought to be further debate, these are things which the public is entitled to know.
Divan now refers to the 2018 case of the Supreme Court titled Common Cause v. Union of India, which was authored by Justice Chandrachud itself.

#SudarshanTV @SureshChavhanke #BindasBol
Divan: This is the consistent format under Article 19(1)(a) and here I come to my next point. As far as my freedom of speech and prior restraint is concerned, that is not employed in context of TV broadcast.
Divan: With respect to reasonable restrictions, there is nothing in our law which allows for prior restraint till date. My third point is that the SC must not urge Pre-broadcast directions as that would let HCs to do the same.
Divan: In my 15 years of running, it is not necessary for everyone to like what is being projected by a news channel. The fact that some news may make some people uncomfortable is the cornerstone of a democracy.
Divan: On prior restraint, there is now law. Even with regard to Pre-censorship with respect to cinematography, I was told that there is a petition still pending and is under challenge.
Divan: In this internet age when there is no restriction on Netflix etc, then this ban would just be anachronistic. That is essentially the submission having regard to Articles 19(1)(a), 21 and 14.
Divan: When we have the advantage of four programmes and the explanation on affidavit, then it enters the realm of permissible speech.

#SudarshanTV @SureshChavhanke #BindasBol
Divan: There is a post broadcast machinery that is robust enough. If someone feels that there is an element of defamation or untruth and they may approach the Court. We have sufficient checks and balances.

#SudarshanTV @SureshChavhanke #BindasBol
Divan: We are now in an area where there remain 6 more episodes, we believe that the injunction ought to be raised and episodes must be allowed to be broadcast. The exercise of free speech may be permitted untrammelled by an injunction of a constitutional court.
Divan: Of course fallibility is a part of human nature and there might be certain figures which might not right. But, overall, this is someone who has crunched the numbers and researched thoroughly to present his point of view.

#SudarshanTV @SureshChavhanke #BindasBol
Divan now refers to the case of Doordarshan v. Anand Patwardhan wherein the telecast of “Father, Son and Holy War” was in contestation.

#SudarshanTV @SureshChavhanke #BindasBol
Divan refers to a judgment and states that every man has the right to place before the public his point of view and to destroy this is to destroy the freedom of the press.

#SudarshanTV @SureshChavhanke #BindasBol
Divan now reads from the majority view of a 26 Feb 1950 judgement of a 5-Judge Bench.

He then refers to two High Court decisions and seeks permission to cite them.

#SudarshanTV @SureshChavhanke #BindasBol
The first judgement has been delivered by Justice Sanjeev Sachdeva and is in context of a TV series.

#SudarshanTV @SureshChavhanke #BindasBol
Divan seeks to make short comments on the compilation filed by Adv. Sharukh Alam.

#SudarshanTV @SureshChavhanke #BindasBol
Divan refers to “SudarshanNewsChannel Fans” and submits that that does not represent his client.

#SudarshanTV @SureshChavhanke #BindasBol @SudarshanNewsTV
Divan: A live chat was shown in the Court. During the chat, it was the responsibility of the anchor to intervene if a statement was being made which violates the program code. My client had indeed objected.
Divan: If these facts etc. are incorrect, it is the duty of the deponent to correct them. But, we have, to the best of our ability and our knowledge, attempted to correct the facts.
Divan: One segment of the program appears to suggest that there are exams allowed to be taken in regional languages as well. As far as Urdu is concerned, such exams are higher. We have checked these facts and secured the percentages from reliable sources.
Divan: We, as a citizen in a democracy, have a right to be informed. On that basis, the programme should be allowed to air till the last episode. There will be no breach of the Programme Code. And if there is, that can be rectified.
Divan: I am happy to take any questions.

Justice Chandrachud: I don’t think in a physical court we would have been able to have this kind of focused debate. This is a benefit of technology.
Justice Chandrachud informs the Counsels that they will convene at 2.15 PM.

Divan: I’m sure in the next few minutes, I’ll be bombarded with texts saying that I missed some argument or the other.
Divan: I don’t have the luxury of my juniors right now prodding me. So, if I could place those points before the questions are asked, I’d be grateful.

J. Chandrachud (in a lighter vein): Your strongest critic right now will be the ASG (referring to Madhavi Divan).
Matter will resume at 2.15PM.

#BindasBol #SudarshanNews @SureshChavhanke
Details of the arguments that have taken place since 12PM can be read here. 👇🏽…

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Sr. Adv. Shyam Divan, appearing on behalf of @SudarshanNewsTV, will now answer questions that will be posed by the Bench.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Bench headed by Justice DY Chandrachud and comprising of Justices Indu Malhotra and KM Joseph has assembled. Hearing has resumed.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Chandrachud: Everybody here. Good afternoon, Mr. Divan.

SG Tushar Mehta seeks permission to have the Government’s response on Monday as a Special Bench hearing is taking place right now.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Chandrachud states that the Bench will not sit on Tuesday.

Mehta: We will not come in the way. We won’t argue if the order is vacated.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Chandrachud: We are conscious of the fact that a Pre-publication restraint is a matter of importance for a Constitutional Court. We don’t issue such orders readily.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Chandrachud: We are conscious of the fact that this could take us down a slippery slope and that we have an influence on the lower courts. We are circumspect of the fact that such orders might have repercussions of clamping down on freedoms.

#SudarshanNews #BindasBol
Justice Chandrachud: There are various situations such as child sexual abuse, marriage which allow us the leeway to clamp down on such freedoms. But, otherwise we allow for other freedoms.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Chandrachud: The second point is that what your Affidavit has done is that you’re entitled to present your views on a social issue such as reservation, which is a vexed issue in itself.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Chandrachud: What happens in your affidavit is that your sidelining the speech while you’re distilling the facts. We get journalistic freedom, but first go to the annexures filed by the Petitioners first.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke
Justice Chandrachud: After we analyse the programmes, see we are not on Mr. Owaisi as an individual, but the segment starts off with flames in the background and it states that Owaisi has urged for Muslims to join the Civil Services.

#SudarshanNews #BindasBol #UPSCJihad
Justice Chandrachud: There is a background of fire and flames. Throughout the clip, there are flames in the background.

The Bench goes on to state that allegations are being made and presented in an inciteful manner.
Justice Chandrachud: A pictorial representation of a Muslim is being shown with a beard, skull cap and green face, with flames in the background.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Chandrachud: Whenever it shows that the competitor is taking advantage, similar images are show.

Now the Bench refers to the live chat between Divan’s client and others which has been compiled by Adv. Shahrukh Alam.
#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke
Justice Chandrachud refers to the live chat with comments such as “Chor ki daari mein tinka. Yahaan pe chor bhi hain, daari bhi hain”.

The Bench asks Divan to look at the tenor of the chat.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Chandrachud now refers to the reaction elicited by the audience.

“We have no problem that you’re referring to an NGO and their funds. The difficult arises when you implicate an entire community to infiltrate the bureaucracy. This part becomes a real issue.”
Justice Chandrachud: Whenever you refer to the Civil Services, you refer to the ISI and that is a serious concern as you show it as a conspiracy by Muslims. Of course do your investigative journalism, but can we allow such implications being made ? How will you deal with that ?
Divan responds to the questions.

“This has been derived from supremely narrow sampling. Let me first give you the framework and then answer the questions”.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Divan: You have to look at the programme as a whole, or at least the 4 episodes out there. When you do that, the thrust of the programme is not parse it though one tweet here or one sentence there.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Divan: I have not referred to any objection to any gentleman from any community joining the UPSC. I am referring to the Affidavit. We have found that a certain organisation is foreign-funded and we have presented that.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke
Divan: We have a situation today at our boundary, where a country People’s Republic of China has led to our jawans facing problem after problem. This is certainly a story which needs to be out there.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Divan: If there is a Chinese-funded organisation, then that information would be out there. The information must be out there. If there is a question of merit, certainly appointments should be made.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Divan: However, my client has done the research, done the documentation. Look at the programme as a whole and the overall impression, purpose and message of the programme. If you find that it is fine, then it must be allowed to be continued.
Divan: The anchor is alive to the fact that this is before the Supreme Court. He’s willing to revisit the issue if a problem is found. I believe a cuss word here or a line there is nothing something which ought to ignite the jurisdiction of this court to impose prior restraint.
Divan: The nature of the medium, that is TV, requires simplification. So there will be simplification in terms of the graphs. He’s not weighing up and down, he’s trying to sell to a viewer a particular view. It should not invite a ban, it probably falls short of journalism.
Divan: Look at these clips. No one has said that I’ve doctored them. It is hard enough to hold the attention of a person in this Instagram age, but no one has alleged that these are false. He presents that and puts them in a story and presents his point of view.
Divan: He’s joining the dots. He’s presenting a thesis. Please allow him to complete the thesis. This “flames” issue, I find it quite offensive. I don’t watch TV, but every time I’ve viewed something like this, there are flames everywhere. Everything is breaking news.
Justice Chandrachud: Everytime you refer to a Muslim, you put him in a green t-shirt.

Divan: I’m sure your message will go across that such depiction is to be frowned upon. I see the concern as it is my concern as well. I abhor such stereotypes.
Divan: There should be a balance representation which abjures such as stereotypes. I don’t have control over the content of my client. But, he has been here for 15 years !

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Chandrachud: See, we have no problem with you investigating into the funding of an organisation. But, to say that every member of a community represents a terrorist organisation just because some funding member is not above the Board, is wrong.
Justice Chandrachud: This is a cause of concern. Because this is where it goes from free speech to hatred as it implies that every member of that community has an agenda.

Divan: I completely agree.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Chandrachud: You alienate the good members, who are like everyone else, of the community with this sort of a propaganda.

Divan: Your Lordships are more persuasive.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Chandrachud: We espouse free speech as judges. But, we were distressed when we issued an injunction, because an injunction of the SC under Art. 141 becomes the law of the land.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Chandrachud: We will allow you a good faith effort. How will you ensure your client does not indulge in this ? Tell me, who regulates this ? You cited our judgement in Common Cause where Justice Khehar said that rules must be framed under the 1975 Act.
Justice Chandrachud: I don’t think any rules have been framed for presenting concerns with content such as this.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Chandrachud places his concerns of how an injunction of the Supreme Court may have consequences on lower courts where journalists reporting on local elections might be injuncted.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Indu Malhotra now states that there are two issues which are problematic such as the flames picture and one in which a person is running with 500crore written on his chest. She says that this must be taken down.
Divan: I will do my best, but I don’t think this should be in the order. Constitutional courts should not say “Do X, Do Y.” I will convey this to the Editor. But, if you still find that there are corrections that are required, we will revisit it.
Justice Chandrachud: Without the Court telling you what to do, we want you to tell us what you’ll do to assuage our concerns. We don’t want stuff like we detect something and then you remove it.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Chandrachud: Let the marketplace of ideas flourish in India. We know what happened during the Emergency. But, we have the constitutional duty to protect human dignity and that is as important as protecting free speech.

#SudarshanNews #BindasBol #UPSCJihad
Justice Chandrachud: Tell us what you propose to do. Let Mr. Chavhanke tell us how plans to approach this. Let a message go to the media that we need to fight for a nation that is inclusive, that is able.
Justice Chandrachud: Tell us what you feel about national security. As judges we are also concerned about national security. But, we have to protect human dignity as well.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Malhotra: Some of these images were offensive to us as well. These flames and 500 crore, they were hurtful to us as well ! These have to be taken down.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Chandrachud: We don’t want to do the work of a Censor Board. You know, such as “Beep, Beep, Beep”.

SG Mehta: We all know what the Beep means !

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Justice Chandrachud poses a question to the SG about the judgement in Common Cause.

SG Mehta: I have understood there are two directions that people are not aware of the system.

#SudarshanNews #BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
Mehta: I took instructions on this. Every district collector has been informed to give it wide publicity.

So far as framing of the Rules is concerned, it was found that there must be a penalty.
Mehta: As the parent Act had no penalty, the Rules couldn’t be made. Now the Central Government has come up with a legislation which is available in public domain. This has five different kinds of penalties. This is at a stage of inviting public comments.
Justice Chandrachud: NBA says that they have a committee headed by Justice Sikri. They can impose a maximum fine of 1 lac fine and this shows how toothless you are. But NBA is only for members, so Sudarshan News not being a member is not governed by NBA.
SG Mehta submits that this issue is already pending before the Court in the Markaz issue where one community has alleged that one community is being vilified as to having spread Covid-19.

#BindasBol #UPSCJihad #SudarshanNews @SureshChavhanke
Mehta: The petition which was pending is broad-based and pertains to many TV channels.

Justice Chandrachud: How can you have self regulation if NBA is the only body you have ?
Justice Chandrachud: See the obvious deficiency of the self-regulatory body when it itself is saying that all channels are not its members. I understand the reluctance of the government to expand this controversy.
Mehta: I am only saying that this issue is already being considered on a wider-based.

Justice Chandrachud: If there was already a self-regulation framework, we wouldn’t have stepped in at the first place.
Justice Chandrachud: All your Joint Secretary said was that “please ensure that it’s in conformity with the programme code”. That’s it. Nobody saw anything after it was broadcasted. NBA said that Sudarshan TV was not a member.
SG Mehta: All I’m saying that this is under consideration. I will file an affidavit on this issue.

Justice Chandrachud: You will tell us how they will engage with the private bodies, but also with the government.

#BindasBol #UPSCJihad #SudarshanNews @SureshChavhanke
Justice Joseph to Divan: You said that there shouldn’t be prior restraint, and we should wait till the end of the series. What are the consequences that will await you if you violate the Code. Can you be convicted under Section 16 ?

#BindasBol #UPSCJihad #SudarshanNews
Divan: My license can be cancelled !

Justice Joseph: But, can you be convicted under Section 16 of the Cable TV Act of 1995 ? This decision of Justice Khehar cannot solve the problems of this act. You cannot be punished because that will be violative of Art. 21.
Justice Joseph: There are 4.85 million viewers and you are not a cable operator. Common Cause will not apply to you. So, you cannot come under Section 16.

#BindasBol #UPSCJihad #SudarshanNews @SureshChavhanke
Justice Joseph: Come to Rule 6(1) and 6(2) which says that cable operators must “strive to carry programme” and this is absolutely binding on you. Come to 6(3) where copyright is protected. Plus, care should be taken. Contrast this with 6(1) which is mandatory.
Justice Joseph: Apart from Muslims, there are Jains. My law clerk is Jain & he went through Code. They want to promote those people in their community. There is nothing wrong with that as they’re marginalised communities. By taking this way, you will drive them into wrong hands.
Justice Joseph: What kind of attitude are you inculcating with this ? When 4 episodes have already been broadcast ? Will you continue with this rant ? There are other communities also who want to “capture the power”. The bottom line is you’re maligning community.
Divan: I fully respect your perception of the programme; you are entitled to it and so is everyone else. But, that does not allow anyone to breach the Code and I have not breached the Code. I will file an Affidavit on this.
Divan: I don’t believe that under our scheme, a court and specially a constitutional court, has the power to restrain in this manner.

#BindasBol #UPSCJihad #SudarshanNews @SureshChavhanke
Justice Joseph: The Government of India wants the Muslim community come up. Not just Muslims, but every backward community. The fact that 50% comprised of people from marginalised communities should have been a matter of joy for our country.
SG Mehta: It’s not a question of this government or previous government. We have always wanted marginalised communities to come up.

Justice Chandrachud: We are referring to the policies of the States too.
Divan submits that he will answer the questions on Affidavit. He will be available to Resp. 5 on Monday.

“I respectfully refer to Justice Joseph’s observation on half-truths, but there is the term “lies, damn lies and statistics”. As @gautambhatia88 is here, he might remember”.
Divan: I have an assurance now that grant me permission to file a clear affidavit on stereotypes which have a tendency to be precieved as hate speech among the viewers. We will submit. Until Monday, I will assist Sudarshan TV.
Divan: Regarding criminal sanction, you have held that press does not have a special freedom in this regard. Encouragement of participation of students needs to be looked at. We will look at all of this in our affidavit.
Justice Chandrachud: Shadan has been putting his hand up with the discipline in a virtual hearing. We should hear him now.

Adv. Shadan Farasat makes three short submissions.
Farasat: Please watch all the Episodes. These are not subjective perception of an issue. These are objectively hate speech. I urge you to watch it. Mr. Divan should watch it too and not just go by his briefings.
Farasat concludes his arguments by submitting that it is the duty of the Constitutional court to restrain projection of hate speech.

#BindasBol #UPSCJihad #SudarshanNews @SureshChavhanke
Justice Chandrachud: We have given him an opportunity to Sudarshan News to file an affidavit saying what they propose to do.

Alam attempts to submit whether such a matter of deliberate propaganda deserve rebuttal as the affidavit filed here does not lay down what is shown.
Adv. Nisha Bhambani appearing on behalf of NBA submits that it is not a toothless organisation as they make the channels apologise during Prime Time to all their paid viewers.

#BindasBol #UPSCJihad
Justice Chandrachud: Do you watch TV ?

Bhambhani: Yes.

Justice Chandrachud: Can you control it ?

Bhambhani: No, but we have improved significantly. It’s just that not all channels are our members.
Justice Chandrachud: One thing you can do is come back to us on a method to strengthen NBA, so that you have a higher regulatory content. You have a few members and your regulations cannot be implemented. You need to tell us how it can be strengthened.
Sr. Adv. Preetesh Kapur, appearing on behalf of Press Council of India, seeks to make submissions and raises questions that must be answered during the course of the matter.
Justice Chandrachud to SG Mehta: We are not referring to you as a government lawyer, but as assistance to the Court. Answer us on the aspect as to what can be done to strengthen the self-regulatory arm.
Justice Chandrachud to Adv. Gautam Bhatia: Before we conclude, what will you submit before the Court ?

Bhatia: I will focus on two issues. The nature of hate speech and the aspect of prior restraint.

#BindasBol @SureshChavhanke @gautambhatia88
Sr. Adv. Anoop G. Chaudhari seeks for permission to file an Affidavit.

Justice Chandrachud: Since when have you needed permission to file one ? Just ensure that it’s not longer than Divan’s affidavit.
Matter will now resume on Monday, 21st September at 2 PM.

#BindasBol #UPSCJihad @SureshChavhanke @SudarshanNewsTV
*Age relaxation

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