Allahabad High Court: In a Public Interest Litigation (‘PIL’), filed by a social activist to restrain Al Jazeera Media Network Private Ltd., a news channel based in Doha (Qatar) having presence in India, from telecasting/broadcasting/releasing in India the film/documentary titled as “India: Who lit the Fuse?” (‘Film’), the division bench of Ashwani Kumar Mishra and Ashutosh Srivastava, JJ. after considering the evil consequences that are likely to occur on the telecast/broadcast of film, the Court viewed that the broadcast/telecast of the film be deferred, pending consideration of the cause in the present petition
The petitioner also prayed to command the Union of India, to review and certify the film in question before its broadcast. A prayer was also made to conduct an enquiry into the credentials of the film and Al Jazeera, as it has potential to cause disharmony amongst the citizens and threaten the integrity of the Nation.
The Court noted that the petitioner has made serious allegations in the writ petition about the film in question to be based on distorted facts with a view to disrupt the social and communal harmony in world’s largest democracy, which is founded on the principle of just social order. It was also alleged that Al Jazeera is about to release/broadcast/telecast the film without obtaining required certificate from the competent statutory authority, with an intent to overreach the constitutional safeguards for placing reasonable restrictions on the right to speech and expression.
The Court said that although the Constitution of India guarantees fundamental right to freedom of speech and expression, but the same is subject to the reasonable restrictions specified in Article 19(2) of the Constitution of India. The Constitution and the legislative enactments relied upon contain elaborate safeguards to ensure that reasonable restrictions are applied while exercising the fundamental right of speech and expression.
While examining the provisions contained in the Cinematograph Act, 1952, Cable Television Networks Regulations Act of 1995 as well as Rules, Regulations and Statutory Guidelines issued thereunder which would go to show that the telecast/broadcast of the film would contravene the statutory scheme. Further, no certificate has been issued for unrestricted public exhibition under the Act of 1952. Considering the seriousness of the allegations made in the writ, which are likely to have far-reaching consequences, the Court said that the petition does require consideration.
After considering the evil consequences that are likely to occur on the telecast/broadcast of film, the Court viewed that the broadcast/telecast of the film be deferred, pending consideration of the cause in the present petition. Further, no irreparable injury would be caused to the Al Jazeera if the telecast/broadcast of the film is allowed after required scrutiny of the issues raised in the present petition.
The matter will next be taken up on 6-07-2023.
[Sudhir Kumar v Union of India, 2023 SCC OnLine All 272, Order dated 14-06-2023]
Advocates who appeared in this case :
Counsel for Petitioner:- Advocate Krishna Mohan Tripathi;
Counsel for Respondent:- Additional Solicitor General of India.
