As reported earlier, Sudarshan TV aired a promo on August 25, regarding next episode of “Bindas Bole” – blaming JMI and Muslim Community “conspire to infiltrate in civil services”. The channel gave it the name of “UPSC_Jihad” and “Jamia ke Jihadi” to add a terror tint. On August 28, Delhi HC stopped airing of the proposed episode; however the Supreme Court had declined to stop the broadcast, saying, “Under statutory provisions, competent authorities are vested with powers to ensure compliance with law, including provisions of the criminal law intended to ensure social harmony and the peaceful coexistence of all communities.”
On August 29, Delhi HC refused to vacate its stay, citing a prima facie finding that the show’s promo is violative of the Programme Code under the Cable Television Networks (Regulations) Act, 1995.” However the Ministry of Information and Broadcasting gave green signal to the channel and ignored observations of the HC. The Ministry maintained, “A programme cannot be stopped from being telecast. If only when the programme is telecast and any violation of law is found, action can be taken.”
The order added, “…Sudarshan TV is hereby directed to ensure that the programme does not violate any of the programme codes” and that “If any violation of the code is found, action will be taken.” However the ministry took no action after Sudarshan started airing the episodes with highly objectionable content.
The Supreme Court found that the show had made arbitrary claims “in wanton disregard of the truth,” and that the purpose of the show was to “vilify the Muslim community.” The Apex Court on Sept 15 stepped in after four episodes (11-14) had already broadcast, and restrained broadcasting of remaining episodes. The SC noted the content of episodes was “insinuating”, “rabid” and “defamatory” against the “Muslim Community” and expressed its dismay on non-action of statutory bodies and said, “We had to step in because nobody was taking any action.”
Taking a dig at the News Broadcasters’ Association, the court expressed its displeasure saying: “We need to ask you if you exist apart from the letterhead. What do you do when a parallel criminal investigation goes on in media and reputations are tarnished?”
The SC raised the concern over malicious spread of hatred and asked whether media can be allowed to “target whole set of communities” and “alienate them” by doing such kinds of stories. It said, “Painting all candidates as carrying out an agenda shows the kind of hatred (against the community),” and added, “The drift, tenor and content of the episodes are to bring the community into public hatred and disrepute.”
The bench pointed out, “Here free speech becomes hatred. You can’t brand every member of the community. You alienate the good members too by divisive agenda.”
TERROR ANGLE
In a deceitful move to sensationalise the story, Sudarshan alleged an NGO, Zakat Foundation of India, receiving funds from some dubious sources. Defending the use of “UPSC Jihad” as programme title, Advocate Shyam Divan, appearing for Sudarshan TV, told the SC, “It has come to the knowledge… through various sources that the NGO ZKFI has received funds from various terror-linked organizations,” and that “the channel considered it as an investigative story on national security.”
In his affidavit, Ashok Chavhanke, owner, and the Editor of the channel has claimed, “The thrust of the programme is that there appears to be a conspiracy which needs to be investigated by NIA or CBI.” He added that organisations working outside India had hatched a plot to “infiltrate the bureaucracy.”
Certainly it is a serious claim. If he had some information, why did he not inform the competent authorities to get it properly investigated? Why is he playing with national security by airing un-authentic claim on TV and spreading mischief?
ZKFI doesn’t run a residential/regular institute. It only organises free lectures, open to all aspirants irrespective of their state, faith and caste. It also provides monetary help for needy youth to attend reputed institutes. The chairperson Dr. Zafar Mahmood informed on phone that out of 144 youth who have cracked the UPSC exam with ZKFI assistance, 15 are from non-Muslim families. This year out of 15 successors, 4 are non-Muslims.
If the NGO has received some funds from its friends out of India and there is some irregularity, Government agencies are there to look into it. A dubious TV channel is not an appropriate entity to jump in and create doubts in the minds of public against the whole community.
GOVERNMENT’S STAND
From the court’s deliberations till now, it may be inferred that though the court has given a strong message to electronic media, yet it is cautious about issuing fresh general instructions. There is likelihood that the guidelines may not be adhered with honest and may become another tool to be misused in the hands of biased administration.
The Government attitude is worrisome. Mr. Tushar Mehta, SGI has told to bench to desist from issuing fresh commands. It appears that the court will also prefer to refrain. This is why the bench has sought suggestions from the Centre and the NBA for strengthening the “self-regulating mechanism for electronic media.”
It is unfortunate that the administration is running away from its constitutional obligation to take action against erring channels. The State seems unconcerned of hatred and violence mongering through dishonest, deceitful and fabricated propaganda on media. Solicitor General Tushar Mehta told the apex court that “freedom of journalist” is supreme and it would be “disastrous to control the press”. The SC has reminded, “It’s really a cause of concern because this is where it goes from free speech to hatred… then it becomes counterproductive… because you alienate them by divisive propaganda.”
CIVIL SERVICE ASPIRATION
Justice KM Joseph told the respondent, “Every community would want to have a share in power”, to “capture power”. “Everybody wants to be part of power structure. There’s nothing wrong with it…. You are marginalising people who should be mainstreamed,” he said.
The Court warned, “Let a message go to media that a particular community cannot be targeted. We have to look after a nation of the future which is cohesive and diverse,” and added, “let this message go to the media that the country cannot survive with such agenda.” “We are a court and seen as to what happened during emergency and it is our duty to see that the human dignity is preserved,” said the bench.
The government has not yet come out with any idea of disciplining the errant media, the bench said and maintained that “The present petition be confined to only one channel namely Sudarshan TV, and this Hon’ble Court may not undertake the exercise of laying down any further guidelines.”
[The writer is Chairman, Forum of Civil Rights, Email: [email protected]]