SC refuses to ban controversial Sudarshan TV programme on Muslims' entry in Civil Services

The Supreme Court on Friday refused to restrain Sudarshan TV channel from running a programme allegedly containing derogatory statements on the entry of Muslims in the Civil Services, on the basis of "unverified transcript of a 49-second clip".

The Delhi High Court, however, restrained the TV channel, which was to run the programme at 8 pm on Friday, acting on a petition filed by Jamia Milia Islamia students.

The top court's bench of Justice D Y Chandrachud and Justice K M Joseph, however, decided to examine a larger issue of balancing of free speech, with other constitutional values, including the fundamental right to equality and fair treatment for every segment of citizens.

The court issued notice to the Centre, the Press Council of India, News Broadcasters Association and the TV channel on setting up of standards of self-regulation, together with free speech.

A petitioner-advocate, Firoz Iqbal Khan contended the airing of views in the course of the programme would violate the Programme Code enumerated under the Cable Television Networks (Regulation) Act 1995, together with the Code of Ethics and News Broadcasting Standards Regulations.

"At this stage, we have desisted from imposing a pre-broadcast interlocutory injunction on the basis of an unverified transcript of a forty-nine-second clip. The court has to be circumspect in imposing a prior restraint on publication or the airing of views," the bench said.

The court, however, pointed out under statutory provisions, competent authorities were vested with powers to ensure compliance with the law, including provisions of the criminal law intended to ensure social harmony and the peaceful coexistence of all communities.

The court decided to consider the matter on September 15, having regard to the importance of the issues. It also indicated to appoint an amicus curiae on the next date of hearing.