21 Sep 2020 5:29 AM GMT
The Petitioner in the ongoing case against Sudarshan TV for telecasting a show titled 'Bindass Bol', about the alleged Muslim infiltration in the Civil Services, has told the Supreme Court that the case cannot be treated as a private litigation as it has wide ramifications on the public in general. In a rejoinder affidavit filed before the Top Court, it has been asserted that the...
The Petitioner in the ongoing case against Sudarshan TV for telecasting a show titled 'Bindass Bol', about the alleged Muslim infiltration in the Civil Services, has told the Supreme Court that the case cannot be treated as a private litigation as it has wide ramifications on the public in general.
In a rejoinder affidavit filed before the Top Court, it has been asserted that the impugned show is a deliberate and malicious attempt at communalizing the atmosphere and stroking the fires of communalism.
"This case cannot be equated with a private interest litigation where one party is seeking a pre broadcast restraint against another party for whatever reason, because the effect of the broadcast is very wide and of grave national interest, concerning the violation of constitutional morality and ethos-which can have a deleterious effect on the vibrant and unique secular fabric and cultural diversity of our country," the Petitioner has argued.
Moreover, it is contended that the issue is one of furthering discrimination against an already marginalized section, and not one of free speech.
"Article 19 lies on par with Article 14, 15, 16 and 21 and if the impact of deleterious speech impacts on citizens and communities status as equal citizens, makes their lives more discriminated against, then the said speech qualifies as hate speech that needs restraint," the affidavit states.
On Friday, the Supreme Court had given some time to the channel to file an affidavit and indicate the "good faith steps" it shall take to prevent Muslim stereotypes in the show.
Disputing the same, the Petitioner has argued that any tailoring of future broadcasts of the show will not and cannot condone the blatant violation of the Program Code.
He has highlighted that the show, throughout all 4 episodes, portrays Muslims as "fifth columnists", whose loyalties do not fully lie with India. Further, the anchor, Suresh Chavhanke, repeatedly uses highly provocative and militaristic rhetoric to describe Muslims, and openly states that they are poised take over the country.
"The already aired 4 broadcasts of the Show are sufficient for an appropriate action to be taken under the Act by banning the complete series, titled "UPSCJehad" which by the title itself reflects the antagonistic mind set against a particular community .and is nothing but a prime example of virulent Islamophobia," the Petitioner argues.
It is also argued tat the show deliberately misrepresents itself as an expose on the role of the Zakat Foundation of India in training aspiring civil servants.
It is submitted that the tone, tenor and contents of the Show go far beyond this, and seek to represent Muslims as being part of a grand conspiracy to "capture" the civil services.
Representation Of Muslims With a Beard, Skull cap and Green Face, With Flames in the Background:SC Says Sudarshan TV Presented Allegations In An 'Inciteful Manner' In 'UPSC Jihad' Show
"This central theme is underscored with imagery, such as flames, blasts and a man in a and beard, meant to reinforce the message that Muslims are terrorists. This undermines the status and rights of Muslims as equal citizens in a democracy with the right as all others to have a place at every tier of public and government life," the affidavit states.
Click Here To Download Affidavit