- The matter of Communalization of Tablighi Jamaat
- We are against showing fake news and hurting anyone
- Chief Justice’s displeasure regarding the latest additional affidavit of Union of India in response to Petition filed by Jamiat Ulama-i-Hind
New Delhi: Today a three-judge bench headed by the Chief Justice of India heard the petition which had been filed in the Supreme Court on the direction of the President of the Jamiat Ulama-i-Hind against the TV channels and print media which tried to link the corona virus to the Nizamuddin Markaz, and deliberately conspire to tarnish the image of Muslims, especially those belonging to the Tablighi Jamaat, and to spread hatred between Hindus and Muslims.
During the hearing, the Hon’ble Chief Justice of India again expressed his displeasure regarding the latest additional affidavit filed by the Union of India. Mr. Sanjay Hedge, Senior Advocate pointed out that the Union of India had highlighted that self-regulatory bodies exist in the Industry but the Government was thinking of a new mechanism to regulate media. He mentioned that the existing framework was not enough and cited the example of the UK Broadcast Regulator which fined an Indian news channel for an amount of 20,000 pounds as it indulged in hate speech.
The Hon’ble Chief Justice of India noted that the some programmes have the effect of instigating communities and the Government ought to take action in such case. He cited the example of the recent farm protests, wherein the government immediately passed orders to shut down internet in some parts of Delhi. He stated that fair reporting is not a problem but when news is projected in a manner so as to create enmity between groups or to instigate communities, something has to be done. He stated that control over such programmes is akin to preventive detention laws. The bench further took the view that the Cable Television Networks (Regulation) Act, 1995 did not make provisions for regulating transmission of programmes under than by cable networks, for instance DTH transmission was not covered.
Reacting to today’s legal progress, Maulana Arshad Madani, President Jamiat Ulama-i-Hind, said that what we have been saying since day one regarding this matter, the Chief Justice also reiterated in his comment that he is not against anyone’s right to speak, nor they are in favor of banning anyone from speaking, but they are against the fake news that is being published in the media and the way in which an individual or sect is being targeted. He added that “Unfortunately, for the last few years, the media, and especially the electronic media, have been deliberately doing all this, provoking heated debates and harassing a particular community, and trying their best to convince them that what they are saying or showing is true, as was the case with the Tablighi Jamaat. We made it clear in detail at that time that we were not against freedom of speech, but we want that what the biased media is showing nowadays is not only against the constitution and laws of the country, but it is also hurting a certain sect. And today the Chief Justice’s comment made it clear like a crystal that our position is 100% correct.
Maulana Madani said that in this case we have also said that the government is defending the media behind the curtain. That is why his attitude has been hesitant from the beginning. What was said by the Solicitor General in today’s hearing has once again confirmed our point.
Mr. Sanjay Hegde, Senior Advocate, Mr. Ejaz Maqbool, Advocate and Ms. Akriti Chaubey appeared on behalf of Jamiat Ulama I Hind. Learned Solicitor General appeared on behalf of Union of India (Ministry of Information & Broadcasting and Ministry of Home Affairs). Ms. Nisha Bhambhani, Advocate appeared on behalf of NBSA.
The Court directed that the matter needs to be heard at length and therefore directed the matter to be listed after 3 weeks. Parties were given liberty to file their Written Submissions. Mr. Ejaz Maqbool, Advocate was further directed to arrange the record and circulate the index to the registry and to all the parties.
