Allahabad High Court restrains broadcast of Al Jazeera documentary film 'India...Who lit the Fuse?'

The Allahabad High Court on Tuesday temporarily restrained media house, Al Jazeera from telecasting, broadcasting, or releasing its documentary film, 'India...Who lit the Fuse?' in India, on concerns that the film's release may have "evil consequences" [Sudhir Kumar v UOI & Ors]. .The Court was hearing public interest litigation moved by a social activist, Sudhir Kumar, challenging the telecast of the film. The petitioner contended that the film has the potential to disrupt harmony among citizens and jeopardize the integrity of the nation.A bench of Justice Ashwani Kumar Mishra and Justice Ashutosh Srivastava opined that allegations raised by the petitioner could not be termed as baseless or ill-founded. The Court also noted that no irreparable injury would be caused to Al Jazeera if the broadcast of the film is allowed after a scrutiny of the issues raised by the petitioner."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," the Court said.Hence, the Court has imposed a temporary bar on the film's broadcast until the petition is finally decided. "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 (Al Jazeera)," the Court ordered..The Court further directed the Central government to undertake necessary actions required by law to ensure that the film is not permitted to be telecast or broadcast unless its contents are reviewed by legal authorities and the requisite certification or authorization is obtained from the competent authority."The authorities of Union and State Government are directed to act in aid of above directions and thereby secure social harmony and protect the security and interest of the Indian State," the Court said..The Court noted that the petitioner had made serious allegations that the film in question was based on distorted facts with the intention of disrupting the social and communal harmony in the world's largest democracy. The petitioner claimed that he had reliably learnt from print and social media reports that the film portrays the Muslim minority in India as living in fear and that it presented a disruptive narrative to create a sense of public hatred, which was far from reality. The petitioner added that the film negatively portrayed the political functionaries of the Indian State and projected them as acting against the interest of minorities. He raised concern that the film deliberately sought to create a rift between India’s largest religious communities..The Court was further informed that Al Jazeera Media Network Private Ltd, a news channel based in Doha, Qatar, was about to release the film without obtaining the required exhibition certificate from the competent statutory authority in India.The petitioner expressed concern that telecast of the film, without adhering to such Constitutional and statutory safeguards, could potentially harm public order, and the sovereignty and integrity of India. ."Undisputedly, no certificate has been issued by the third respondent (Central Board of Film Certification) for unrestricted public exhibition under the Act of 1952," the Court found. The Court added that although the Constitution of India guarantees the fundamental right of freedom of speech and expression, the same is subject to the reasonable restrictions specified in Article 19(2) of the Constitution of India.The Court referred to the Cinematograph Act, 1952, the Cable Television Networks (Regulation) Act, 1995, the Information Technology Act, 2000, and associated rules, regulations, and statutory guidelines to check whether the broadcast of the film would violate the statutory framework established by these enactments.Ultimately, taking into account the gravity of the allegations made in the plea, the Court stayed the release of the film until the case is finally decided.The matter will be heard next on July 6.Advocate Krishna Mohan Tripathi represented the petitioner..[Read Order]