Considering Probable Evil Consequences: Allahabad HC Restrains Al Jazeera From Releasing Its Film ‘India...Who Lit The Fuse?’
The Allahabad High Court has restricted the news channel, Al Jazeera from releasing, and broadcasting its film “India…Who lit the Fuse” considering the seriousness of allegations in the PIL that the film is based on distorted facts with an aim to create disharmony, thus disrupting social order in the world’s largest democracy. It was further alleged that the film destroys the secular fabric of the Indian State.
Al Jazeera Media Network Private Ltd, is based in Doha (Qatar) having presence in India through its Director/CEO.
A bench of Justice Ashwani Kumar Mishra and Justice Ashutosh Srivastava while considering the nature of allegations, observed, “…Considering the seriousness of allegations made in the writ, which are likely to have far reaching consequences the petition does require consideration. We are conscious of the fact that the freedom of speech and expression as also the right of broadcast is a fundamental right but it remains subject to the reasonable restrictions imposed by Article 19(2) of the Constitution of India. Considering the evil consequences that are likely to occur on the telecast/broadcast of film in question its telecast/broadcast we are of the view that the broadcast/telecast of the film in question be deferred pending consideration of the cause in the present petition. No irreparable injury would otherwise be caused to the fifth respondent if the telecast/broadcast of the film is allowed after required scrutiny of the issues raised in the present petition”.
Advocate Krishna Mohan Tripathi appeared the petitioner, Advocate Gaurav Kumar Chand appeared for respondent nos. 1 to 3 and Additional Advocate General P. K. Giri appeared for the State of Uttar Pradesh.
The public interest litigation (PIL) was filed by one Sudhir Kumar, who claims to be a public-spirited person and a social activist.
In the present matter, the petitioner challenged the release of the film alleging that through reliable social media reports it has come to notice that the film portrays Muslim minority living with a sense of fear, and presents a disruptive narrative creating a sense of public hatred, which is far from reality.
Further a prayer was sought to direct the respondents 1 to 3 i.e. Union of India, Ministry of Information and Broadcasting and Central Board of Film Certification to review and certify the Film in question before its broadcast by the fifth respondent (Al Jazeera) .
Further directions for an enquiry into the credentials of the film and an action against the news channel was sought for, as it was alleged that it has the potential to cause disharmony amongst the citizens and threaten the integrity of the Nation.
Various Twitter posts commenting upon the film on the prerelease (preview) in some other countries was also annexed in a supplementary affidavit, which suggests campaigns in several Indian States to demolish the houses and companies of minority at the instance of majority community.
The Union of India also did not refute to the factual assertions made by the petitioner.
In the petition, the credentials of fifth respondent were also questioned, while showing that Al Jazeera acted in a partisan manner in the past and has been banned by several nations. It was banned for five days in 2015 in India for publishing vexatious and misleading information about the political map of India, showing integral parts of India to be parts of China and Pakistan.
Therefore considering the averments, the potential evil consequences that the film may have and the reasonable restrictions to right of freedom of speech and expressions under Article 19 (2) of the Constitution of India the bench observed, “In view of the deliberations and discussions held above, we restrain the fifth respondent from telecasting/broadcasting/ releasing the Film "India....Who lit the Fuse?" till the issues raised in the present petition are adjudicated after notice to the fifth respondent. We also direct the Central Government and the authorities constituted under it, particularly respondent no. 2 to take appropriate measures warranted in law to ensure that the film is not allowed to be telecast/broadcast unless its contents are examined by the authorities, duly constituted in law for the purpose, and necessary certification/authorisation is obtained from the competent authority”.
Accordingly, directed the petitioner to serve the fifth respondent in 48 hours as it was not represented and the film was not available for perusal. The bench listed the matter for July 6, 2023.
Cause Title: Sudhir Kumar v. Union Of India And 4 Others
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