Thread by @barandbench

𝙳𝙰𝚈 𝟼 𝙷𝚎𝚊𝚛𝚒𝚗𝚐 𝙰𝚕𝚎𝚛𝚝: 𝙿𝚕𝚎𝚊 𝚊𝚐𝚊𝚒𝚗𝚜𝚝 𝚂𝚞𝚍𝚊𝚛𝚜𝚑𝚊𝚗 𝚃𝚅'𝚜 "𝚄𝙿𝚂𝙲 𝙹𝚒𝚑𝚊𝚍" 𝚂𝚑𝚘𝚠

Supreme Court to hear plea challenging @SudarshanNewsTV 's show on 'Muslims infiltrating' civil services. Will the injunction on stay be lifted?

#SupremeCourt

The petitioners to continue arguments today. Senior Adv Shyam Divan for @SureshChavhanke and Adv Shadan Farasat for petitioners have concluded. Senior Adv A Chaudhari to argue for petitioners today followed by @gautambhatia88

The top court had earlier posed a question of how to distinguish a fine line between injuncting protected speech and hate speech. Can a constitutional court primarily delve into an issue which has allegations over a private player ( @zakatindia )? Hearings to continue today

Hearing to start shortly.

@SureshChavhanke
@SudarshanNewsTV
@Vakeel_Sb
@gautambhatia88

Adv Kaleeswaram Raj appears for the founder of @asianet and @ACJIndia Shashi Kumar: I seek to intervene

Justice Chandrachud: At some point hearing needs to come to end. All goods things need to come to an end

Adv Raj: I will not take more than 15 minutes

Solicitor-General Tushar Mehta: centre has issued a 4 page notice to @SudarshanNewsTV today. It says that the TV needs to give a written submission before 5 pm on sept 28 regarding violation of program code and why action should not be taken against them

@MIB_India

SG Mehta: If no reply is recieved to the notice then ex parte decision will be taken. Its a detailed show cause notice showing facts which are prima facie according to centre not in accordance with program code. Should not the hearing be deferred till Sept 28?

Justice Chandrachud: if the case wasn't heard then the show would have been completely aired by now. Let us think about it

SG: I feel the intervention of my lords should be a last resort

Adv Shahrukh Alam: Can a constitutional court open floodgates to judicial arbitrariness if the case is not taken up?

Solicitor-General Mehta: I didn't speak about judicial arbitrariness.

Justice Chandrachud: she is advancing her affidavit

Adv Alam: there has been continued executive inaction and arbitrariness by the centre.

A lawyer disrupts the hearing when his clerk asks for a file.

SG Mehta: Justicea should have a remote to mute someone

Senior Adv Hegde: That may not be the correct thing dealing with a matter of TV

SG: this is a court, you have to get accustomed to it and not TV (smiles)

The three judges take a moment to ponder over the request made by Solicitor-General Tushar Mehta tonl defer the hearing.

Senior Adv Anoop Chaudhari: As the petitioner I don't have a problem with it being deferred as the injunction will continue

Senior Adv Chaudhari asks Adv Gautam Bhatia and others as to what others think of the option to being deferred.

Senior Adv Hegde: Let us talk on phone.

SG Mehta: You are the torch bearer of transparency, Mr Hegde ! ( smiles)

Senior Adv Mahesh Jethmalani says the matter might not be completed today

SG Mehta: you need to mute. Communication with your client is privileged!

Jethmalani: nothing substantial

SG: With your surname we don't know whom you are speaking to.

#courtroomexchange

Senior Adv Hegde munching on peanuts.

SG Mehta: where is it from?

Hegde: from your area.. boiled peanuts

SG: not very healthy. Hegde: but it's boiled, atleast I am not smoking a hookah

SG: I didn't hear you. (Smiles)

Three-judge bench resumes

Senior Adv Chaudhari: We have no objection to defer it

Adv Gautam Bhatia: a part of issues will be resolved by the govt decision but there are larger issues

Justice Chandrachud: we are not saying that matter will end after Centre takes a call

Justice Chandrachud: since the petitoner has no problem, anybody is opposing the request of the Solicitor-General?

(To SG): We will keep the matter beyond Sept 28. You apprise us about the decision and we hope it is a reasonable decision.

Justice Chandrachud: Will petitioner make a submission before @MIB_India

SG: law does not permit me that. We will only hear @SudarshanNewsTV

Justice Joseph: Regarding not hearing the petitoner, if a complain is made you hear the complainant. The principle of natural justice calls for you to hear them. Will it be illegal to hear the petitioner?

SG: If 10,000 complaints are recieved then we cannot hear them

SG: I would not like to concede to it.
You may examine this after the ministry passes an order

Senior Adv Hegde: You may like to hear @zakatindia as we are in the Centre

SG: government will take that call

Justice Chandrachud: atleast hear the petitioner

SG: we cannot my lords. A bad fact had appealed the court but that cannot become a bad precedent

Justice Chandrachud: The petitioner wants to make submissions before @MIB_India ?

Senior Adv Chaudhari: we would like to argue in court. If the government order is against us, we would like to challenge that too

Order: 1/n

Justice Chandrachud: During hearing SG Mehta has stated that the Central government has in excercise of power conferred upon it under Cable Network TV Act, 1995 has showcaused @SudarshanNewsTV today. Since the notice is returnable on Sept 28, we have been...

2/n ... requested to defer the hearing. We have heard counsels in response to the SG's submission. They are of the view that since show cause is issued, the proceedings should resume on October 5. The notice shall be dealt with in accordance with law and centre will file a report

3/n regarding outcome of the decision by the Centre. Hence hearing is deferred to Oct 5. Order passed on Sept 15 injuncting the remain episodes will continue to remain in operation

Order ends****

Adv Ravi Sharma for @madhukishwar : comments made by my client was cited as hate speech. I need 10 to 15 minutes.

Justice Chandrachud: we can't give 15 minutes of judicial time to intervenors. You can submit written submissions.

Sharma:I need to counter allegations against me

Matter to resume again on October 5, 2 pm

Justice Chandrachud: Mr Rohatgi is under the impression that we will issue notice on the IA by NBF. that's now how its done. As an intervenor please file submissions along with application. Please inform him.

Justice KM Joseph insisted on the hearing to continue today atleast on the point of laying down standards for regulating electronic media.

However, Justice Chandrachud states that let the matter be taken up together on October 5

Hearing stands adjourned.