[Sudarshan TV ''UPSC Jihad" Show] SC Defers Hearing As The Central Govt. Issues Notice To Channel On Complaint Against The Programme [Read Order]

The Supreme Court on Wednesday adjourned the hearing in the Sudarshan TV matter to October 5, to allow the channel to respond to the show-cause notice issued to it by the Central government to explain the apparent violations on its part.At the outset, Advocate Kaleeswaram Raj sought 15-20 minutes time to make submissions on behalf of Asianet founder Shashi Kumar, an intervenor, who he described as "the founder of the first satellite TV channel, and the principal of the Asian College of Journalism"."Time is not lost in listening to good submissions. But all good things have to come to some closure...". said Justice D. Y. Chandrachud.At this point, SG Tushar Mehta interjected to point out that the Central government has today issued notice to the Managing Durector of Sudarshan TV. He read out the last portion of the notice- "Sudarshan TV is directed to give a written explanation on the apparent violation of the Programme Code, section 20(3) of the Cable Television Networks (Regulation) Act, 1995, and the Uplinking and Downlinking Policy Guidelines of 2011 by September 28...If the response is not received till the said date, it shall be presumed that the channel has nothing to say on the matter, and further action shall be proceeded ex-parte in accordance with the law""My suggestion would be to please defer this hearing to after 28...we can't prejudge the government's decision; the channel is also due to reply...and it is a detailed show-cause notice, displaying the facts which prima facie do not seem in confirmity with the Programme Code...we can't pre-empt the government's decision...", urged the SG."But the Programme would have even been over by now if the Court had not intervened", remarked Justice Chandrachud, though showing inclination to "reflect on the notice and stand over the hearing to after September 28, allowing the government the opportunity to examine"."It would be better if Your Lordships' intervention is as of the last resort", pressed the SG.As the bench was about to rise to confer on the issue of adjournment, Advocate Shahrukh Alam sought to attract the court's attention to an earlier argument in the matter- "It was asked, 'Would the Constitutional Court open itself to judicial arbitrariness, picking up this one case and enforcing the rule of law on this one case?'""I never said judicial arbitrariness...I said 'forget the facts as a proposition'", began the SG, urging Justice Chadrachud to explain that Ms. Alam was responding to an earlier affidavit."We've come to you under Article 32, for there has been a violation of Article 21. Additionally, there is continuing violation by executive action...such manifest arbitrariness is a violation of Article 14...", continued Ms. Alam."It is the duty of the Constitutional Court to correct that...this is different from enforcing the rule of law", she argued.Reading from an article on judicial arbitrariness, she spoke of giving effect to Article 14 so far as policies and executive action are concerned.The SG reiterated that it would be better if the hearing were deferred. "But the interim order (against the telecast of the show) would continue!", stressed Senior Advocate Anoop Chaudhuri, for the petitioner. "Yes, yes, it will", said the SG."The Cable TV Networks Act, in its sections 19 and 20, provides for a regulatory mechanism...but the opacity is that it is not clear who is complaining to whom and what should be the timelines...", Ms. Alam sought to press on, but the bench finally rose to discuss the point of deferment.When the bench reconvened, Justice Chandrachud ventured, "The SG has made a suggestion that since the Central government has given a show-cause notice to the channel, we stand over this hearing to after 28, by which time the channel will have responded...". "There is no objection from the petitioners' side", assured Mr. Chaudhuri.Advocate Gautam Bhatia submitted that though he had no objection to the hearing being deferred, he was concerned about the larger issue of guidelines (as regards free speech, communalisation and the wider ramifications on the public at large), that only a part of the issue would be resolved by the decision of the central government and the entire gamut of issues, raised in the course of the trajectory that the case has taken, would not be covered. Senior Advocate Arvind Datar also mentioned that he is concerned with the larger issue. The SG conveyed that he would not persuade the court to not look into such other issues."We are, not for a moment, saying that the matter is concluded...the SG is only saying that since the matter is sub-judice, that since the court is seized of the matter, and since the government has issued notice returnable on September 28, the hearing may be held after that", assured Justice Chandrachud. The judge, noting that Mr. Chaudhuri has no objection to the notice, asked if any other counsel opposed the request of the SG."My suggestion is that the hearing be deferred...not that I am...

[Sudarshan TV ''UPSC Jihad" Show] SC Defers Hearing As The Central Govt. Issues Notice To Channel On Complaint Against The Programme [Read Order]

Mehal Jain And Sanya Talwar

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