[LIVE UPDATES] SC Hearing On Plea Against Sudarshan News TV's "UPSC Jihad" Show
Justice Chandrachud: Your notice says that they have to respond by 28th right?
You apprise us of the decision that the Central Government wishes to take on the issue and would you be allowing the petitioners in this case to make submissions before the statutory authority?
Bhatia: The trajectory that this case has taken, the issues are required to be decided are important.
Justice Chandrachud: We are not saying that the decision of the Central Govt. will conclude the matter. Anyone who is opposing this request of the SG?
Justice Chandrachud: The SG has made a suggestion that the Centre has issued a show cause notice and hear it after 28th september.
Sr. Adv. Chaudhari: From the petitioners side, there is no objection.
Jethmalani shows his phone on the screen and laughingly tells the SG:
"Tushar, your comment has just been reported by Live Law!"
Light exchanges between lawyers:
Now Sr. Advocate Mahesh Jethmalani speaks over the phone.
SG Tushar Mehta reminds him to mute himself.
"Client talks are privileged communications and with your surname, it can be more than privileged even!"
The Judges are now discussing amongst themselves
Senior Advocate Anoop Chaudhari: Then the interim orders against the telecast of the show can continue.
SG: Yes yes, they must continue.
Alam: Court has a responsibility to protect Rights.
Justice Chandrachud: Let me just come back to you in a minute, let me have a word with my colleagues about this.
SG: I would urge My Lords to defer it till the 28th.
Alam: There is a continued inaction by the Executive, we have come before My lord for deprivation of Article 21 of the Constitution.
Advocate Shahrukh Alam makes submissions.
There is a difference between a constitutional court trying to enforce 'rule of law' generally speaking, and an intervention in relation to executive inaction where the inaction has resulted in a continued violation of fundamental right. In the latter case, it's not only imperative to intervene and issue a mandamus ( to act) but also to develop law with regard to that manifest arbitrariness in inaction
SG interjects.. "I never argues judicial arbitrariness"