Allahabad HC Puts Interim Stay On Broadcast Of Al Jazeera's Documentary 'India: Who Lit The Fuse' In India In View Of Probable 'Evil Consequences'

The bench of Justice Ashwani Kumar Mishra and Justice Ashutosh Srivastava also directed the Central Government and the Ministry of Information and Broadcasting to take appropriate measures to ensure that the film is not allowed to be telecast/broadcast unless its contents are examined by the authorities, and necessary certification/authorisation is obtained from the competent authority.

The order of the High Court came on the Public Interest Litigation (PIL) Plea filed by social activist Sudhir Kumar challenging the telecast of the said film on the ground that the same has the potential to cause disharmony amongst the citizens and threaten the integrity of the Nation.

Significantly, the Court has given the liberty to the Union of India, Ministry of Information and Broadcasting, Central Board of Film Certification as well as Al Jazeera to file their responses in the matter by the 6^th of July, 2023 as the date for admission/hearing of the writ petition.

Averments in the PIL Plea

The PIL plea alleges that the release/broadcast of the film is likely to create hatred amongst different religious denominations and thereby destroy the secular fabric of the Indian State and has the potential to create social unrest and disturb public order, decency and morality.

Averments are also made in the PIL plea to the effect that Al Jazeera is only a news organization, still, it has exceeded its ambit so as to broadcast films, a position as investigations on its news channel with the singular intention of creating distress and endangering the public order in the country.

The petitioner also stated that the Film purposefully seeks to create a rift between India’s largest religious communities through its disruptive narrative and create a sense of public hatred.

It also submits that the film proposes to publicize distorted versions of facts to create disharmony amongst the citizens of the Country who belong to different religious denominations.

Lastly, it was submitted that no certificate had been obtained by Al Jazeera for the broadcast of the film in question from the competent authority under the applicable enactments. This averment was also not disputed by the Counsel for the Union of India.

High Court’s order

Having perused the averments contained in the PIL plea, as well as taking into account the apprehensions expressed in the PIL plea, the Court said that although the Constitution of India guarantees the fundamental right of freedom of speech and expression but the same is subject to the reasonable restrictions specified in Article 19(2) of the Constitution of India.

Further, the Court also examined the provisions contained in the Cinematograph Act 1952, The Cable Television Networks (Regulation) Act, 1995 as also the Information Technology Act, 2000 as well as Rules, Regulations and Statutory Guidelines issued thereunder to note that the telecast/broadcast of the film would contravene the statutory scheme contained in the above enactments in the event assertions made in the writ petition are found correct.

“Undisputedly, no certificate has been issued by the third respondent for unrestricted public exhibition under the Act of 1952. Considering the seriousness of allegations made in the writ, which are likely to have far reaching consequences the petition does require consideration. We are conscious of the fact that the freedom of speech and expression as also the right of broadcast is a fundamental right but it remains subject to the reasonable restrictions imposed by Article 19(2) of the Constitution of India.”

Against this backdrop, considering the evil consequences that are likely to occur on the telecast/broadcast of the film in question, the Court found it appropriate to defer the telecast of the film pending consideration of the cause in the present petition.

Consequently, posting the matter for 6^th July, the Court directed the Union and State Government authorities to act in aid of the above directions and thereby secure social harmony and protect the security and interest of the Indian State.