Farasat bats for "a permanent injunction on reasonably narrow principles of law" onSudarshanNewsTV show #BindasBol with tagline UPSC Jihad.
Farasat cites judgments, says "Balancing of right with article 19(1)(a) and Article 21 has to be made and in that context, you can pass postponement orders. The court said that the postponement order can be also on third parties."
Farasat justifying why the restraint on SudarshanNewsTV should continue:His (SureshChavhanke) program his Hate Speech.
Your lordships have given them the opportunity to make changes but they have denied doing so or an intention to do so thereof.
Farasat: The point of distinction - in a prior restraint - your lordships have no opportunity to assess how any order will damage protected speech. On further broadcast, that problem does not arise.
They say the tone, tenor, content will be same.
So, notionally I remain a citizen but Article 14 of the Constitution(which guarantees right to equality) becomes a hollow promise to me, Farasat explains.
Farasat refers to a thought from the book 'How Democracy Dies' that in declining democracies, institutions remain notionally but are hollow inside.
Likewise, the continuous pervasive use of hate speech reduces dehumanises the targeted person, he says.
Farasat: Portions in the episode that point to direct incitement "To go out and wake up from the infiltrations" etc.
Farasat: This program is an attempt to break down bonding of hindus and muslims in the country. If hate speech of this kind is permitted over a period of time, it is bound to create an environment of this kind.
Clear violations of Article 14 & 21
Farasat: Crucial that a majority feels that they are the "targeted community" - all examples of genocide insinuate this.
Take the example of Nazi's, the Rwandan Genocide, the Rohingya issue where the Buddhists felt that they are targeted.
Farasat: Constant insinuations of hate speech is a direct impact on Article 14.