NEW DELHI: A private TV channel’s controversial show, which claimed a ‘big expose on conspiracy to infiltrate Muslims in government service’, on Friday came under judicial scrutiny before the Supreme Court and the Delhi High Court. While the top court refused to impose pre-broadcast ban on Sudarshan TV from airing ‘Bindas Bol’ programme, the HC, in an interim order, stayed the telecast of the episode — ‘UPSC Jihad’ — which was scheduled to be telecast at 8 pm on Friday.
A Supreme Court bench comprising Justices D Y Chandrachud and K M Joseph said it has to be circumspect in imposing a prior restraint on publication or the airing of views. “At this stage, we have desisted from imposing a prebroadcast interlocutory injunction on the basis of an unverified transcript of a forty- nine second clip.
The court has to be circumspect in imposing a prior restraint on publication or the airing of views… We note that under statutory provisions, competent authorities are vested with powers to ensure compliance with law, including provisions of the criminal law intended to ensure social harmony and the peaceful coexistence of all communities,” the bench said, while hearing the petition filed by senior advocate Firoz Iqbal Khan.
The top court noted together with free speech, there are other constitutional values which need to be balanced and preserved including the fundamental right to equality and fair treatment for every segment of citizens, as it issued notice returnable on September 15. Some former and present students of Jamia Millia Islamia had approached the high court stating that the show is sought to defame, attack and incite hatred against the varsity, its alumni and the Muslim community at large.
A single-judge bench of the HC Justice Navin Chawla issued a restraint order against the broadcast and also issued notice to the Centre, UPSC, Sudarshan TV and Suresh Chavhanke. The editor had uploaded a trailer for the show on his Twitter handle on August 25, alleging a conspiracy in the “overwhelming” number of Muslim students clearing the UPSC examinations.