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Sudarshan TV,which is facing a case in the Supreme Court against its program titled UPSC Jihad showing how Muslims have infiltrated civil services, has moved an application in the Supreme Court seeking live telecast of court proceedings.
The channel has claimed that lakhs and crores of viewers of Sudarshan TV want to know about the legal proceedings conducted before the top Court and "they want to hear the points of arguments being raised by the parties."
Direct for Live Proceedings of this case through audio-visual broadcasting/telecasting universally by an official agency as the Hon’ble court may deem fit and proper
The application prays
The bench of Justices DY Chandrachud, KM Joseph and Indu Malhotra vide its order on September 16 had injuncted the channel from broadcasting any further episodes of its impugned program after observing that the "channel was doing a disservice to the nation" by stating that Muslims have infiltrated the civil services.
The plea has highlighted the case of Swapnil Tripathi vs Supreme Court of India 2018 (10) SCC whereby it was held that the proceeding of the Court may be Live Streamed.
"It was also held that our legal system subscribes to the principle of open justice," reads the plea.
Suresh Chavhanke, the chief of the channel and anchor of UPSC Jehad, later in a social media post also claimed that they are willing to arrange for the entire technical requirement needed for the live telecast of the Court proceedings.
The application further avers that live streaming of court proceedings should be allowed as "sunlight is the best disinfectant."
Sunlight is the best disinfectant. Live streaming as an extension of the principle of open courts will ensure that the interface between a court hearing with virtual reality will result in the dissemination of information in the widest possible sense, imparting transparency and accountability to the judicial process.
Reads the plea
The plea, filed by Advocate Vishnu Shankar Jain, tries to make a case for the application by stating that "legal scholars indicate that the principle of open justice encompasses several aspects that are central to the fair administration of justice and the rule of law."
Advocate Firoz Iqbal Khan had moved the Court, submitting transcripts of the show to prove that the program set to be aired today would be derogatory to Muslims entering the profession of civil services.
The petitioner had submitted that the airing of views in the course of the programme would violate the Programme Code under the Cable Television Networks (Regulation) Act 1995, together with the Code of Ethics and News Broadcasting Standards Regulations.
A group of former civil servants too moved Supreme Court to intervene as applicants in the petition by Khan stating that the Supreme Court must lay down an authoritative pronouncement on hate speech.
The intervention application filed through Advocate Anas Tanwir states that the Court had expressed an intention to consider the balance between free speech and other constitutional values that were raised in the instant case, and that it was important for the Court to do so.