[LIVE UPDATES] SC Hearing On Plea Against Sudarshan TV's 'UPSC Jihad' Show

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.

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: 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: 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 refers to “SudarshanNewsChannel Fans” and submits that that does not represent his client.

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 seeks to make short comments on the compilation filed by Adv. Sharukh Alam. 

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.

 The first judgement has been delivered by Justice Sanjeev Sachdeva and is in context of a TV series. 

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

 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.

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. 

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.