Sudarshan TV | SabrangIndia News Related to Human Rights Fri, 28 Jan 2022 10:26:31 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Sudarshan TV | SabrangIndia 32 32 Suresh Chavhanke back on the derailed “UPSC Jihad” fake news train?  https://sabrangindia.in/suresh-chavhanke-back-derailed-upsc-jihad-fake-news-train/ Fri, 28 Jan 2022 10:26:31 +0000 http://localhost/sabrangv4/2022/01/28/suresh-chavhanke-back-derailed-upsc-jihad-fake-news-train/ Sudarshan News’ Suresh Chavhanke targeted Jamtara the District Collector Faiz AK Ahmed Mumtaz accusing him, not saluting the national Flag on Republic Day

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Sudarshan TV

Sudarshan News, appears to have resumed its amplification of fake news, especially if it can be used by its followers in the right-wing ecosystem to target Muslims. This time, Suresh Chavhanke and his channel targetted Jamtara District Collector Faiz AK Ahmed Mumtaz accusing him of not saluting the national Flag on Republic Day. 

Chavhanke called it “#UPSC_जिहाद” a term he has invested to ‘accuse’ Muslims of joining the civil services after clearing competitive exams. Chavhanke, who claims to be a journalist, alleged that DC Mumtaz had “insulted” Republic Day.

 

 

The DC himself simply put out the official rule on saluting the National Flag which states, “During the ceremony of hoisting or lowering the Flag or when the Flag is passing in a parade or in a review, all persons present should face the Flag and stand at attention. Those present in uniform should render the appropriate salute. When the Flag is in a moving column, persons present will stand at attention or salute as the Flag passes them. A dignitary may take the salute without a head dress.” The DC was seen following this rule in the video clip the right wing channel had shared in its tweet.

 

 

On Wednesday, Republic Day celebrations were organised in the entire district. The national flag was hoisted in ceremonies at all government and non-government institutions, reported the Jagran. The main function was organised at Jamtara Gandhi Maidan where DC Faiz Ak Ahmed Mumtaz hoisted the flag and saluted the Tricolor, he had also inspected the parade with SP Deepak Kumar Sinha and took the salute, stated the news reports. DC Mumtaz had then addressed the gathering and highlighted the History of January 26, 1950. He also spoke highly of works and achievements done by the district administration as well as the state government. 

According to the news report, apart from this, DC Faiz Ak Ahmed Mumtaz, SP Deepak Kumar Sinha, Dy DC Anilson Lakra, SDO Sanjay Pandey, and other officers also took part at flag hoisting ceremony maintaining the Covid protocol.

This incident was similar to the one in 2015 when Vice-president Hamid Ansari’s office had to issue a statement after he was viciously attacked on social media for not saluting the Tricolour while the national anthem was being played during the Republic Day celebrations in New Delhi. Social media had accused Ansari of “breaching protocol by not saluting the flag”. However, the vice-president’s office had clarified, “As per the protocol, when the national anthem is played, the principal dignitary and persons in uniform take the salute. Those in civil dress stand in attention. During the Republic Day Parade, the President of India, as Supreme Commander, takes the salute. As per protocol, the vice-president is required to stand in attention. When the vice president is the principal dignitary, he salutes during the national anthem, wearing a headgear, as done at NCC camp this year.”

However, historical facts as aways do not matter to Chavhanke and company whose diatribe on ‘UPSC Jihad’ was pulled up by the Supreme Court in September 2020. The Court called show content ‘insidious’. Chavhanke had on his show called “Bindaas Bol” titled a series “Naukarshahi me Muslamano ki Ghuspaith ke shadyantra ka bada khulasa” (The conspiracy behind Muslim infiltration in UPSC – The Big Reveal).

Citizens for Justice and Peace (CJP) was the first organisation to act and file a complaint with the News Broadcasting Standards Authority (NBSA) when the promotional video for the show Bindass Bol had first emerged. CJP complained against the deeply communal content of the promotional video of the show on ‘UPSC Jihad’, where the channel’s Editor-in-Chief Suresh Chavhanke alleged a conspiracy by Muslims to take over civil services in India. But NBSA forwarded our complaint to the Ministry of Information and Broadcasting (MIB) stating that since Sudarshan News was not a part of the News Broadcasters Association (NBA) the NBSA could not take action against it. The MIB had cautioned Sudarshan TV against the contents of its ‘UPSC Jihad’ show and ordered that in case of any further violation stricter penal action would be taken.

However, Chavhanke has continued to make communaly coloured programmes and posting communal tweets, such as the one he did showing a video where over two dozen boys and girls, many dressed in their school uniform of maroon blazer or sweater, maroon trousers and white shirt, some in casual wear, pledging to “fight, die and kill” to create a “Hindu Rashtra”. The kids extended their right arm forward and in Hindi said, “We give our word, we pledge to fight, die and kill, if necessary, and be ready for any sacrifice till the last moment of our lives to make this country a Hindu Rashtra and take it forward at any cost. We shall not step back even for a moment. May our Gurudev, our Kul Devata (family god), our Gram Devata (village god), our ancestors and Bharat Mata give us strength and victory.” 

Meanwhile in Sikandrabad, Lakhimpur Kheri, when Republic Day was being celebrated in Jamauhra village of police station Nimgaon area, some people allegedly took down the Tricolour and hoisted a flag related to Buddhism at the Dr. Ambedkar Community Health Center. Police arrested the two accused, and registered a case against four for insulting the national Flag. According to news reports the Inspector-in-Charge Rajkaran Sharma also re-installed the Tricolour. Those arrested in the case, have been identified as Virendra and Subhash and the other two are Rampal and Manoj all of whom have been charged under various sections of the law, reported Amar Ujala.

 

Related:

Hate watch: TN Police debunk Sudarshan TV’s communal ‘Fake News’

UPSC Jihad show offensive, promotes communal attitude: I&B Ministry

SC cuts short Sudarshan News’s diatribe on ‘UPSC Jihad’

Court calls show content ‘insidious’, ponders committee to monitor TV news standards

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Hate Watch: TN Police demolish Sudarshan TV’s communal ‘Fake News’ https://sabrangindia.in/hate-watch-tn-police-demolish-sudarshan-tvs-communal-fake-news/ Tue, 19 Oct 2021 07:06:03 +0000 http://localhost/sabrangv4/2021/10/19/hate-watch-tn-police-demolish-sudarshan-tvs-communal-fake-news/ The channel had claimed in a news report that a student was beaten for wearing a ‘rudraksha’ mala

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Fake NewsImage Courtesy:thenewsminute.com

Suresh Chavhanke owner ‘editor’ of Sudarshan News” has been publicly snubbed by none other than Tamil Nadu Police’s senior officer Dr.P Vijaya Kumar I.P.S., Superintendent of Police of Chengalpattu district, for sharing fake and maliciously distorted news. 

Chavhanke had claimed that a viral video clip showing a teacher beating a student was a case of a “Hindu student is being beaten up in a government school in Tamil Nadu because he was wearing “Rudraksha”..!! Christian teacher brutally beat up the student and also banished him from school..!!”

However, Chavhanke, who is a repeat offender when it comes to communal hate fueling news and social media posts, was fact checked when he shared that his Hindi news channel Sudarshan News on Sunday shared a video clip of the student being beaten up. According to a fact check by multiple media, Chavhanke’s claim is false. The teacher, reportedly a Hindu, had beaten up the student for not coming to his classes. It was reported that the student belonged to a Dalit community and the teacher was arrested and was booked under sections of SC/ST Act and relevant sections of the IPC.

According to a The News Minute Deputy Superintendent of Police in Chidambaram said, “there is no communal angle in this,” and the teacher has been arrested under sections including Section 323 (punishment for voluntarily causing hurt) and 324 (Voluntarily causing hurt by dangerous weapons or means) of the Indian Penal Code as well as Section 75 of the JJ Act (Punishment for cruelty to child) read with sections of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. The teacher has been sent to judicial custody.

Suresh Chavhanke’s tweet, however, added a dangerous communal angle, and the senior TN police official also flagged it to Twitter India. According to TNM, there was a separate school incident that took place in the state last week where “the parents of a child studying at the Anderson school in Kanchipuram district had complained that a teacher named Joyson had asked their son not to sport religious symbols like vibhuti or rudraksha in class and had barred them from entering. A complaint was filed against the teacher and an inquiry has been launched.” 

Chavhanke conveniently used that narrative to share the video of the student being thrashed at the Government Nandanar Boys High School located in Chidambaram by the teacher named Subramanian, to add a communal angle. 

https://lh5.googleusercontent.com/H1l3lAMEfOarjn3hieTVdbxAjdSRYvMTcoH16ZN1UtECs_Y8SsSMx_dlPhfxLXpu9GR2XAKjuVMLFyruN47Yum5RKvEgsi21DIMVS00Hm7QTPr62FsXE7Yge_haL6mQAxO5TVjKc=s1600

The TNM reported that according to the headmaster of the government school, “eight students came to school on Wednesday and attended the first hour. But as it was physics class in the second hour and because Subramanian, the teacher, conducts daily class tests, these eight students decided to skip the class.” The teacher was arrested and booked under sections of the SC/ST Act. Meanwhile, the National Commission for Protection of Child Rights (NCPCR) had written to the Cuddalore District Collector to take action in the case after the video went viral, stated the news report.

Related

Survey of Karnataka’s Christian missionaries and places of worship, a dangerous 
Karnataka: CM Bommai normalising ‘moral policing’, gets schooled by ex-CM Siddaramaiah

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UPSC Jihad show offensive, promotes communal attitude: I&B Ministry https://sabrangindia.in/upsc-jihad-show-offensive-promotes-communal-attitude-ib-ministry/ Thu, 19 Nov 2020 04:15:50 +0000 http://localhost/sabrangv4/2020/11/19/upsc-jihad-show-offensive-promotes-communal-attitude-ib-ministry/ The Ministry is said to have acted upon the various complaints it received about the controversial UPSC Jihad show on Sudarshan TV

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The Ministry of Information and Broadcasting (MIB) has cautioned Sudarshan TV against the contents of its infamous ‘UPSC Jihad’ show and ordered that in case of any further violation stricter penal action would be taken. The Ministry has directed the channel to review the remaining episodes and moderate them so as to not violate the Programme Code, by which it is bound.

The MIB filed an affidavit before the Supreme Court about the outcome of the show cause notice issued to Sudarshan TV with regards to its ‘UPSC Jihad’ show. The Ministry stated that the proceedings culminated on November 4 and hence they have filed the outcome of the proceedings as ordered by the apex court on September 23.

The Ministry had taken cognisance of the several complaints received by it against the telecast of the show and after receiving a written statement from Sudarshan TV referred the matter to Inter Ministerial Committee (IMC) on September 11. The IMC considered the written submissions as well as gave opportunity for oral hearing to Sudarshan TV. The Ministry gave another opportunity to the channel to give its response, before acting upon the recommendations of the IMC.

During one of the oral hearings, the counsel for the channel had contended that the Programme Code under the Cable TV Network Rules, 1994 is not applicable to a TV news channel. The Ministry, however affirmed that every company permitted by the government to operate a TV channel is given a permission letter in which it is mentioned that the company shall abide by the programme and Advertising Code; further Suresh Chavhanke, the Editor-in-Chief of Sudarshan News had undertaken while seeking renewal of downlinking permission that he/his channel will abide by the Programme and Advertising Codes.

The Ministry examined the four episodes in which respect the show cause notice was issued in the first place. The Ministry was of the opinion that “the channel has gone about its exposition, including its comments on the selection process, examination system of Civil Services, portray one community and the UPSC in poor light and the channel could well have avoided utterances and videos which were not in good taste or decency.”

The Ministry also concurred with the findings of the IMC that the issue of alleged terror links of Zakat Foundation and alleged source of funding is a highly disputed matter of fact which require a full investigation of evidence to adjudicate the veracity, truthfulness or falsity of the claim made in the show. The Ministry gave its decision stating, “while freedom of speech and expression is a Fundamental right, the tone and tenor of the episodes telecast do indicate that the channel has through the various utterances and audio-visual content breached the Programme Code. The Ministry finds that they are not in good taste, offensive and has likelihood of promoting communal attitudes.”

The outcome of the proceedings was that the Ministry issued “caution” to Sudarshan TV and directed that if any further violation of Programme Code is found, stricter penal action would be taken. The Ministry directed Sudarshan TV to review the content of the rest of the episodes of “Binda Bol- UPSC Jihad” and suitably moderate it so that it does not violate the Programme Code and does not offend good taste or decency, does not encourage violence or is defamatory.

Finally, the order states that it is subject to the outcome of the judgement of the Supreme Court in the case. The case is set for hearing today, November 19, for hearing before a bench led by Justice DY Chandrachud.

https://ssl.gstatic.com/ui/v1/icons/mail/images/cleardot.gifThe affidavit may be read here.

Related:

Centre to publish order against Sudarshan news complaints, informs SG
We are with Sudarshan News: Absurd slogans of NRIs in NY
Centre issues show cause notice to Sudarshan News; SC seeks report

 

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SC: Sudarshan TV case adjourned as Centre seeks time https://sabrangindia.in/sc-sudarshan-tv-case-adjourned-centre-seeks-time/ Tue, 06 Oct 2020 10:50:57 +0000 http://localhost/sabrangv4/2020/10/06/sc-sudarshan-tv-case-adjourned-centre-seeks-time/ At the last hearing, the Centre had informed the court that a show cause notice had been issued and during yesterday’s hearing, the court was informed that another notice has been issued

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Sudarshan News

The Supreme Court, on October 5, adjourned the hearing in the petition against Sudarshan TV for airing communal and inflammatory content on the topic of “UPSC Jihad” as the Centre informed the court that the channel has been issued another notice.

At the last hearing on September 24, the court was informed that the Centre has issued a ‘show-cause’ notice to the channel under section 20(3) of the Cable TV Act. The bench comprising Justice DY Chandrachud, Indu Malhotra and KM Joseph had directed the Centre to submit a report to the court indicating the outcome of the ‘show-cause’ notice thus issued and had assured all parties, including intervenors that the administrative procedure initiated by the Centre will not conclude this matter.

During the October 5 hearing, the centre informed the bench comprising Justices DY Chandrachud, Indu Malhotra and Indira Banerjee that an inter-ministerial committee (IMC) had reviewed the issue and the channel’s reply, and given its recommendation to the government on October 4. It further stated that the IMC gave certain additional recommendations regarding the yet-to-be-telecast episodes and hence the channel needed to be heard again.

“We are only adjourning the hearing now because the consideration of the issue is underway… of course, on the larger issue of free speech, you (intervenors) will be heard,” Justice Chandrachud assured one of the intervenors in the case, reported LiveLaw.

Accepting the Centre’s submission and as the petitioners also did not object to the deferment, the bench adjourned the case to be heard after Dussehra vacations, i.e. on October 26.

Related:

Centre issues show cause notice to Sudarshan News; SC seeks report

Will advertisers consider punishing TV channels for unethical TRP strategies?

Decoding the hate campaign unleashed by propaganda channel Best Hindi News

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Centre issues show cause notice to Sudarshan News; SC seeks report https://sabrangindia.in/centre-issues-show-cause-notice-sudarshan-news-sc-seeks-report/ Wed, 23 Sep 2020 12:35:00 +0000 http://localhost/sabrangv4/2020/09/23/centre-issues-show-cause-notice-sudarshan-news-sc-seeks-report/ The apex court assured the parties that the Centre’s decision in exercise of tis executive power will not finally decide the case

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Sudarshan TV

The Supreme Court, at the hearing of the petition against Sudarshan News show, “Bindaas Bol”, has deferred the matter until October 5 as the Centre has issued a show cause notice to the channel under the Cable TV Act. This means that the administrative procedure under the provisions of the Act that provide for penalties for contravening with the provisions may be invited if the Ministry forms an opinion in that regard.

The Centre has issued a notice under section 20(3) of the Cable TV which reads as follows:

Where the Central Government considers that any programme of any channel is not in conformity with the prescribed programme code referred to in section 5 or the prescribed advertisement code referred to in section 6, it may by order, regulate or prohibit the transmission or re-transmission of such programme.

The bench comprising Justice DY Chandrachud, Indu Malhotra and KM Joseph have directed the Centre to submit a report to the court indicating the outcome of the show cause notice thus issued and ordered that the interim orders granted on September 15, shall continue. The bench, however, assured the parties that the decision of the Central government will not conclude the matter.  

Interventions in the case

Meanwhile, the case has seen some more intervention applications being filed by people like Madhu Kishwar, who appeared in one of the episodes of the controversial show of Sudarshan News, as well as organisations like OpIndia (news portal), Indic Collective Trust and Upword Foundation. An intervention has also been made by journalist Sashi Kumar who is the Editor-in-Chief of Asiaville News.

Madhu Kishwar, who appeared on the show and made statements about “Gazwa-e-hind” and “Mughalistan” has stated that her statements have been relied upon by the petitioner as hate speech but they cannot be deemed to be so.

In their application, OpIndia, Indic Collective Trust and Upword Foundation have stated that there are several instances of patently false reportage by mainstream media and the case of Sudarshan News is just a one-off incident. They, as petitioners, are asking the apex court to lay down a law on hate speech while considering the entire contemporary landscape on free speech while submitting to the court 100 such incidents of false reportage.

Journalist Sashi Kumar’s intervention application states that an attempt to project hate speech as part of freedom of speech is to be rejected. “It is not possible either for the state or for the private players to justify a speech amounting to an offence in the guise of religious freedom or free speech. It is important to guard against the State not only when it curtails freedom of speech but also when it encourages hate speech in guise of freedom of expression which is clearly against the ideology of the Constitution.

The complete order may be read here.

 

Related:

‘UPSC Jihad’ is prime example of virulent Islamophobia: Petitioner in Sudarshan News case

Hate speech demeans a community’s right to live with dignity: Jamia students in SC

NBA suggests making code of ethics binding on news channels to strengthen regulation

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Hate speech demeans a community’s right to live with dignity: Jamia students in SC https://sabrangindia.in/hate-speech-demeans-communitys-right-live-dignity-jamia-students-sc/ Mon, 21 Sep 2020 12:33:00 +0000 http://localhost/sabrangv4/2020/09/21/hate-speech-demeans-communitys-right-live-dignity-jamia-students-sc/ These students had earlier approached the Delhi High Court and had managed to get a stay in August on broadcast of the show

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sudarshan tv

The three students of Jamia Millia Islamia University who had filed a petition before Delhi High Court for stay on broadcast of “Bindaas Bol” show of Sudarshan News on ‘UPSC Jihad’ have now intervened in the Supreme Court.

The intervention application, filed by Advocate Shadan Farasat, puts forth the statements made by Suresh Chavhanke, the Editor-in-Chief of Sudarshan News and also the host of the show, to show how they constitute hate speech. Further, it highlights how various TV news channels through their shows have propagated hatred against the Muslim community in recent times.

“The examples and reports clearly demonstrate that hate speech and discrimination against Muslims and religious minorities is a persistent and extremely widespread problem in the Indian broadcast news media landscape. Broadcasts of programs which openly peddle hate, discrimination and conspiracy theories, and incite hatred against inter alia Muslims, religious minorities and political dissenters among the general news-watching public,” states the application.

Restrictions on free speech

The intervenors then go on to highlight the constitutional and statutory restrictions on freedom of speech and expression, under Article 19(2) of the Constitution, various sections of the Cable TV Act as well as the Programme Code and Advertising Code, sections 153A (1), 153B(1) and 295A of the Indian Penal Code.

“Constitutionally permissible mechanisms for the regulation of the freedom of speech and expression are available through the Cable TV Act, read with the Cable Television Networks Rules 1994, and the Indian Penal Code. These restrictions include inter alia the imposition of a prior restraint by the Central Government on the broadcast programs that inter alia attack religions or incited hatred or otherwise violate the programme code,” state the intervenors.

Why Hate speech should be restricted

The intervenors state that, “Hate speech, or openly discriminatory speech, seeks to actively dehumanise certain groups and rob them of social, economic and political agency as well as dignity.” They have cited Pravasi Bhalai Sangathan v. Union of India [(2014) 11 SCC 477] wherein the apex court had observed,

“8. Hate speech is an effort to marginalise individuals based on their membership in a group. Using expression that exposes the group to hatred, hate speech seeks to delegitimise group members in the eyes of the majority, reducing their social standing and acceptance within society.”

“Hate speech does not just passively discriminate against people of a particular community but leads to actual discrimination against them with a view to curtailing their participation in social, economic and political life,” states the application.

The intervention application which precisely put forth the arguments how the show perpetrates hate towards the Muslim Community, the effects of the same on the society and why it needs to be stopped.

“Hate/openly derogatory and discriminatory speech also violates the right to reputation, which has been recognised as a part of the fundamental right to life and personal liberty under Article 21. The portrayal of Muslims and students from Jamia Millia Islamia as “jihadis” or terrorists/fifth columnists in the present instance has the effect of severely prejudicing the reputations of Muslims and Jamia Millia Islamia students who are civil servants or aspiring to be civil servants,” state the intervenors.

International jurisprudence

The International Criminal Tribunal for Rwanda had in Nahimana Et al (Media case) (ICTR-99-52) convicted Ferdinand Nahimana and Jean Bosco Barayagwiza, founders of Radio Télévision Libre des Mille Collines (RTLM) of genocide on account of the role played by the radio station in inciting hatred against Tutsis.

Suggestions to curb hate speech

The application calls for effective and transparent regulation through Cable TV Act and Cable Television Networks Rules, 1994. The intervenors also point out that how ineffective self-regulating bodies like the News Broadcasters Standards Authority (NBSA) are and suggests that “membership of a single independent voluntary organisation should be made an eligibility criterion for grant/continuation of a license to operate a television channel in India, so as to ensure that no broadcast television channel goes unregulated, and the public have recourse to an independent organisation to lodge complaints against the content of the broadcasts.”

Background

The Delhi high Court had granted stay on the telecast of the show on August 28 and had asked the Ministry of Information and Broadcasting to make a decision in regards to the many complaints being received against the show. But on September 9, the Ministry passed an order allowing the broadcast thus the channel, on September 11 started airing its episodes of the series of the show titled “Naukarshahi me Muslamano ki Ghuspaith ke shadyantra ka bada khulasa” (The conspiracy behind Muslim infiltration in UPSC – The Big Reveal). However, on September 15, the Supreme Court imposed a stay on the broadcast of the rest of the episodes which were slated to air until September 20.

 

Related:

NBA suggests making code of ethics binding on news channels to strengthen regulation

Sudarshan News cites NDTV’s ‘Hindu terror’ show, pleads for vacation of stay

Come back to us on a method to strengthen NBA : SC in Sudarshan News case

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Retired civil servants move SC; seek authoritative meaning of ‘hate speech’ https://sabrangindia.in/retired-civil-servants-move-sc-seek-authoritative-meaning-hate-speech/ Tue, 15 Sep 2020 08:14:48 +0000 http://localhost/sabrangv4/2020/09/15/retired-civil-servants-move-sc-seek-authoritative-meaning-hate-speech/ The intervention has been filed in a petition that was filed by Firoz Iqbal Khan seeking stay on the broadcast of show “Bindaas Bol” on Sudarshan News

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Sudarshan News

An intervention application has been filed by seven retired civil servants before the Supreme Court seeking injunction against telecast of a communally inflammatory show on Sudarshan News, which allegedly speaks of “conspiracy of infiltration by Muslims in Indian civil services”.

The Supreme Court had, on August 28, refused to pass an injunction prohibiting broadcast of the show and had issued notices to Union of India, Press Council of India, News Broadcasters Association as well as Sudarshan News; returnable on September 15.

The Delhi High Court had granted stay with directions to the Centre to make a decision in this regard. The Ministry of Information and Broadcasting issued an order on September 9 allowing the broadcast of the show and on September 11, the show called “Bindaas Bol” was telecast on Sudarshan News. The topic of the show was “Naukarshahi me Muslamano ki Ghuspaith ke shadyantra ka bada khulasa” (The conspiracy behind Muslim infiltration in UPSC – The Big Reveal).

The Supreme Court bench of Justices DY Chandrachud and KM Joseph had noted during the hearing that expression of views derogatory to a particular community had a “divisive potential” and the petition had thus raised significant issues bearing on the protection of constitutional rights.

A collective called Constitutional Conduct Group, of which the civil servants are a part, had written to the Home Minister and the Minister of Information and Broadcasting stating that the program would “generate hatred towards the largest minority community of the country,” and was based on the demonstrable falsehoods about the supposed growth of Muslim representation of the civil services, reported LiveLaw.

The intervenors have submitted that they are intervening since the Court had mentioned that it would consider the larger questions dealing with the balance between the freedom of speech and the right of every citizen to fair and equal treatment.

“It is respectfully submitted that this is an important and urgent judicial task. There exist several legal provisions that prohibit, criminalise or otherwise penalise what is colloquially known as “hate speech”. These include sections 153A and 153B of the Indian Penal Code, section 3(i)(x) of the SC & ST Act, Section 5 of the Cinematograph Act and the Programme Code which is passed under the authority of the Cable Regulation Network Act, and which is at issue in the present case,” states the application.

The application states that the apex court ought to give an authoritative meaning to “hate speech” so that the authorities implementing it receive clarity on what speech comes within its ambit. “The interpretative task before this Hon’ble Court therefore is to distinguish between speech that is merely offensive, indecorous or in bad taste [and therefore covered by Article 19(1)(a)] and hate speech that is rightly penalised by Articles 153A & B and the other provisions pointed out above,” the plea reads.

The intervenors have put forth certain propositions for consideration of the Supreme Court:

a. Offensive speech is distinct from hate speech;

b. The Constitutional protects offensive speech but does not protect hate speech. Penal provisions such as sections 153A & 153 B of the IPC must be interpreted in a manner that keeps the distinction between the two intact.

c. Offensive speech is simply speech that causes subjective feelings of offence or outrage and nothing more. Such speech may be ill-considered, unwise and improper but it is not illegal.

d. Hate speech goes beyond subjective feelings of offence and objectively has the effect of undermining constitutional constitutional equality, sending a message that a person or a group of people are not worthy of equal concern of respect and are not equal members of society, or are fair game for discrimination, hostility or violence.

e. Determining hate speech, therefore, requires a contextual enquiry by judicial and other State bodies, looking (a) the actual words used, (b) the meanings that they carry for their intended recipients, (c) any history of similar language, (d) and the likely consequences.

f. Hate speech can be direct (calls to violence and discrimination), but it can also be indirect, through, insinuation, and what is popularly known as dog-whistling. This, therefore, requires judicial bodies to be sensitive to the nuances and specific histories of the speech in question.

g. The distinction between offensive speech and hate may be parsed with the help of following examples:

i) Criticism, mockery and ridicule of respected and revered religious or cultural gures may be offensive but it is not hate speech. Calling for a boycott of the members of a religious or cultural community or implying that they are violent by nature or unpatriotic by virtue of their community alienation is hate speech

ii) Mockery of religious beliefs or traditions may be offensive but it is not hate speech. Accusations of dual loyalties towards members of any faith – and suggestions of treachery by virtue of belonging to that faith – constitutes hate speech.

iii) Speech that has historically been inseparable from practices of oppression and subordination is hate speech (see eg. of this Hon’ble Court’s examination of the use the word “chamar”, under the Prevention of Atrocities Act, in Swaran Singh Vs. State).

Related:

Prime Minister is paying attention: Suresh Chavhanke on ‘UPSC_Jihad’ show

No stay on broadcast of Sudarshan News ‘UPSC Jihad’ show; Delhi HC issues notice

Centre allows Sudarshan News to air controversial #UPSCJihad show

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Prime Minister is paying attention: Suresh Chavhanke on ‘UPSC_Jihad’ show https://sabrangindia.in/prime-minister-paying-attention-suresh-chavhanke-upscjihad-show/ Sat, 12 Sep 2020 10:50:37 +0000 http://localhost/sabrangv4/2020/09/12/prime-minister-paying-attention-suresh-chavhanke-upscjihad-show/ Sudarshan News, may have violated multiple broadcast codes, in the first episode controversial show ‘Bindas Bol’ alleging Muslims are launching a 'UPSC_Jihad'

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Image Courtesy:altnews.in

With friends in high places, Editor-in-Chief Suresh Chavhanke aired his controversial show ‘Bindas Bol’ alleging Muslims were ‘infiltrating’ the central services in great numbers. This is the first of the nine episode series, where he claims to bring ‘proof’ to show that the educated Muslim community was joining the civil services in ‘massive’ numbers. However, the first episode did not have any concrete evidence to back his allegations. Moreover, why is the presence of Muslims in civil services being seen as a problem in the first place? Don’t Muslims have the right to serve the country?

Instead of proof of a ‘conspiracy’, what we got was an almost breathless Chavhanke, buttoned up in a tight saffron coloured vest, seeking blessings from computer generated imagery (CGI) of those he says he reveres. He prayed to a CGI of the god Ganesh and sought blessing for the programme which he says has “the attention of the Prime Minister, the Supreme Courts, and the entire state machinery”. He also invoked a CGI of Dr BR Ambedkar, and addressed him as if he was talking to an idol and sought blessings as he was speaking on matters concerning the Constitution. Another CGI of Chatrapati Shivaji, was invoked. This is where the polite part of the show ended, in the first few minutes.

Soon enough Chavhanke began inviting his viewers, over 36,000 on Youtube at the time of writing this review, apart from reminding his detractors that though many opposed him, the show was being aired. According to Chavhanke neither the courts, nor the complaints filed to police, nor the government was able to stop him. He added that there were ‘demonstrators’ outside his studio doors even that day and to visuals of three-four men, a couple with beards and skull cap, ‘protesting’, as his crew filmed them. That the men held a sheet of paper addressing him as ‘Suresh Chauhan’, in a hurried scribble puts a question mark on the genuineness of this ‘protest’ itself. Was it staged? It was so tiny that it did not really matter. Chahvanke continued his build up to the anti-Muslim narration and the ‘massive expose’ he promised his fans. He said the maximum complaints have been made against his channel. However he is jubilant that no action has been taken against him ever. 

He aired clips of politician Akbaruddin Owaisi addressing a gathering where he is seen saying that Muslims should join police and other union services. Chavhanke called Owaisi a ‘Hyderabad ka gaddar’ (traitor from Hyderabad) and a ‘n***k h***m’ (an abusive term for a disloyal person). According to Chavhanke, Owaisi should have invited condemnation from the IPS and other organisations for asking Muslims to join civil services too.

Chavhanke has promised his fans eight more episodes in his series against Muslims and said it was like “a feature film”. The plot moved on expected lines when he quickly invoked the terror organisation ISIS. The shocker was when using a crude graphic he ‘linked’ ISIS to former Prime Minister Dr Manmohan Singh, via the Zakhat Foundation and Hamas, and Syed Zafar Mahmood. Bureaucrat Syed Zafar Mahmood, was once an Officer on Special Duty (OSD) to then Prime Minister Dr. Manmohan Singh. And because he is Founder President, Zakat Foundation of India Chavhanke alleged he was a ‘direct/indirect link’ to ISIS and hamas.

https://lh6.googleusercontent.com/7nSZpENGONe99-STg_jTRlkxuqM9bZe2rHKXGIDGZv5ydKANYIebR87S0DQaFihwUZes7Y1BTBcIe5Ie1jPykdgWE5Py4wLU4SjfKuIP2PQRpZ7f9XHOCarHVS9mAvv223rOdmJa

https://lh5.googleusercontent.com/PdOtzVF8iVZiZAht1TJgbyzXejqz-L7o0ByRrRrjLT5yH2B49JKOJap_7WhpanLMJGDrvjNt7Orf0hZsqCMLdHIwTLeEpM3qPTvRWxDZ-42RbKJ14o9yVWfvyDZsEE3uL2vaG2R8

He goes on with vile graphics, including “calculations” on a sheet of paper, scrawled in a similar manner to the ones those ‘protesters’ were holding outside his gate. These calculations and graphics were Chavhanke’s ‘proof’ of how Muslim candidates were allegedly getting ‘unfair’ advantages and support to clear the Union Public Service Commission entrance exams. He called for the interviews of the successful UPSC candidates to be banned, as he alleged it was in interviews where even those who scored well do not get through. All hinting at how Muslim candidates were successfull even here. He shows a clip of some mock interview where a ‘candidate’ is told ‘community’ plays a role in the success. No one knows where that clip is from, seems to be of some pre exam coaching class at first glance. 

Of course Chavhanke invoked Jawaharlal Nehru, who he said was the “second PM of India”, because Chavhanke only recognises Subhash Chandra Bose as the “first PM of the government in exile”. According to Chavhanke his anti-Muslim aspirant show is asking ‘essential questions’ as bureacurats stay in service for 30-40 years, longer than any PM ever will. Hence the bureaucracy should be questioned, or in Chavhanke’s case, the religions of those wanting to join India’s bureaucratic service should be questioned.

His over an hour long show was aired on Friday night, with a promise of eight more episodes as soon as the Bharatiya Janata Party (BJP) led Union Government permitted the broadcast. The telecast of the controversial show ‘Bindas Bol’ had been stayed by the High Court earlier. Chavhanke had shared the communal toned promotional clip before the broadcast as well asking, “How has there been a sudden rise in the number of Muslims in IAS and IPS? What is the secret behind scoring high marks in such a difficult exam? If Jihadis of Jamia become your Collectors and Chief Secretaries, what will happen then? The big reveal on the Executive being infiltrated.”

The Delhi High Court, on August 29, had directed the Centre to decide on the complaints received against the proposed show. The Union Ministry of Information and Broadcasting  directed Sudarshan NewsTV to broadcast the programme #BindasBol by ensuring that the programme does not violate any of the programme Codes. In an order issued on Thursday, the Information & Broadcasting (I&B) Ministry said it cannot pre-censor a programme, or stop it from being telecast. The Print had reported the order as stating, “If only, when the programme is telecast and any violation of law is found, action can be taken”. The channel in its written submission had stated before the Ministry of Information and Broadcasting that its show was “not violative of the law” and added that if at all the programme was found to be violative, action as per law could be taken. 

However, Chavhanke’s offensive against Indian Muslims has already violated the Cable Television Networks Rules at multiple points. Some of those listed in the Programme Code are:

  • Offends against good taste or decency
  • Contains attack on religions or communities or visuals or words contemptuous of religious groups or which promote communal attitudes
  • Contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths
  • Is likely to encourage or incite violence or contains anything against maintenance of law and order or which promote-anti-national attitudes;
  • Contains anything affecting the integrity of the Nation;
  • Criticises, maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country
  • Contains visuals or words which reflect a slandering, ironical and snobbish attitude in the portrayal of certain ethnic, linguistic and regional groups
     

The entire list can be accessed here:
https://www.trai.gov.in/sites/default/files/CableTelevisionNetworksRules1994.pdf

Chavhanke has delivered what he advertised; a show for his fans, his version of an alleged “conspiracy to infiltrate the civil service by Muslims”. Now it is the responsibility of the I&B Ministry to study the episode aired, and take cognisance of complaints filed by Citizens for Justice and Peace (CJP) in connection with the communally inflammatory promotional video for a show on the presence of minorities in public service. 

Chavhanke is known to have published such derogatory and venomous comments targeting the religious minorities in the past as well. He has also been previously arrested by the Lucknow police for inciting communal hatred. Among the many criminal charges him, also include charges of rape, attempt to murder and fraud, as per FIR filed by a former employee of Sudarshan news channel, in 2016.

As stated earlier in the CJP complaint, the show may have already violated the code of ethics and standards on reportage as set out by NBSA, as well as laws under the Indian Penal Code such as promoting enmity, causing disharmony, outraging religious feelings and so on.

Related: 

CJP calls out Sudarshan News’ hate agenda; moves NBSA
Promoting fraternity: Courts to the rescue
Delhi HC stays broadcast of Suresh Chavhanke’s ‘UPSC Jihad’ show

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No stay on broadcast of Sudarshan News ‘UPSC Jihad’ show; Delhi HC issues notice https://sabrangindia.in/no-stay-broadcast-sudarshan-news-upsc-jihad-show-delhi-hc-issues-notice/ Fri, 11 Sep 2020 12:58:32 +0000 http://localhost/sabrangv4/2020/09/11/no-stay-broadcast-sudarshan-news-upsc-jihad-show-delhi-hc-issues-notice/ The I&B Ministry issued an order on September 9, allowing the broadcast of the show

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Sudarshan News

The Delhi High Court has issued notice in a petition challenging the order from Ministry of Information and Broadcasting (I&B) allowing telecast of the show “Bindaas Bol” on Sudarshan News. The court, however, refused to stay the broadcast of the show. 

The show invited much criticism only basis its promotional video that the show would be an ‘expose’ on “Muslamano ki Ghuspaith ke shadyantra ka bada khulasa (The conspiracy behind Muslim infiltration in UPSC – The Big Reveal). The Delhi High Court had previously (on August 28), granted a stay on the broadcast on the show; the same day that it was slated to be telecast at 8 P.M.

This petition has been filed through Advocate Shadab Farasat and alleges that the Centre had failed to exercise its powers under section 19 and 20 of Cable TV Act which enables the government to prohibit transmission of any show that is not in conformity with the programme code.

The petitioners have alleged the impugned order of I&B Ministry is a “non-speaking” order and is based on the assertion by Sudarshan News that the show does not amount to violation of the Programme Code.

The order states that if the show is found to be violative, action may be taken and directs Sudarshan News to ensure that the show does not violate any programme Code.

After the order came on September 9, Suresh Chavhanke, the Editor-in-Chief of the channel, declared that this show will be aired on Friday, September 11. He then went on to share the same communal toned promotional clip that he had done before, and ignited a massive controversy. Chavhanke had advertised the show as an ‘expose’ on Jamia Milia Islamia and the Muslim community, claiming that the success of Jamia Milia Islamia students in the Civil Services examination 2020 was “a conspiracy to infiltrate the civil service by Muslims”.

The Delhi High Court, on August 28, (in another petition) had directed the Centre to decide on the complaints received against the proposed show. It had ordered a stay on the show’s broadcast till the Centre took a decision in the matter.

The IE reported that Chavhanke through the show, wanted to ask, “how their (Muslim) numbers are increasing in civil services. It’s because of them being given back door favour, option of choosing Islamist studies, Urdu language, etc. If my show is found unconstitutional or doesn’t meet the standard of broadcast authority, then let there be action against me.”

Meanwhile, the show will be telecast on September 11 at 8 P.M on Sudarshan News.

Related:

Centre allows Sudarshan News to air controversial #UPSCJihad show

CJP calls out Sudarshan News’ hate agenda; moves NBSA

Delhi HC stays broadcast of Suresh Chavhanke’s ‘UPSC Jihad’ show

 

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Centre allows Sudarshan News to air controversial #UPSCJihad show https://sabrangindia.in/centre-allows-sudarshan-news-air-controversial-upscjihad-show/ Thu, 10 Sep 2020 14:54:38 +0000 http://localhost/sabrangv4/2020/09/10/centre-allows-sudarshan-news-air-controversial-upscjihad-show/ Suresh Chavhanke has promoted the show Bindas Bol, as an ‘expose’ on what he terms as ‘infiltration’ of Muslims in the Civil Services

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Image Courtesy:newstrack24x7.co

The Bharatiya Janata Party-led Union Government has “allowed” Sudarshan News channel and its Editor-in-Chief Suresh Chavhanke to broadcast the controversial show ‘Bindas Bol’ which had been stayed by the High Court earlier. A jubilant Chavhanke declared that this show will be aired on Friday, September 11. He then went on to share the same communal toned promotional clip that he had done before, and ignited a massive controversy. 

Chavhanke once again advertised the show as an ‘expose’ on Jamia Milia Islamia and the Muslim community, claiming that the success of Jamia Milia Islamia students in the Civil Services examination 2020 was “a conspiracy to infiltrate the civil service by Muslims”. He still continues to advertise his media trial and ‘investigation’ on the issue.

 

Once again the promotional clip which is blatantly communal has gone viral. The Delhi High Court, on August 29, had directed the Centre to decide on the complaints received against the proposed show. It had ordered a stay on the show’s broadcast till the Centre took a decision in the matter.

Soon enough the Central Government allowed Chavhanke’s Sudarshan News channel to telecast a show on what the channel has branded as their “investigation” into what they allege is the “infiltration of Muslims” in the Civil Services. According to Live Law, the Union Ministry of Information and Broadcasting  “Directs @SudarshanNewsTV to broadcast the programme #BindasBol by ensuring that the programme does not violate any of the programme Codes.” The ministry has also  directed the channel to “ensure that the show proposed to be telecast did not violate any programme code”, adding that action would be taken if any violation of the law was found.

 

However, emboldened by the permission Chavhanke did not seem to believe any action would be taken if he violated any ethical codes, and continued to use derogatory terms like #UPSCJihad to promote this show as he had done before.  

 

According to news reports, the channel in it’s written submission had stated before the Ministry of Information and Broadcasting that its show was “not violative of the law” and added that if at all the programme was found to be violative, action as per law could be taken. The Centre had responded after the Delhi High Court, on August 29, directed it to decide on the complaints received against the proposed show. The stay was granted till the Centre took a decision in the matter.

The Delhi High Court had put the brakes on Suresh Chavhanke’s plan to air his show that alleged that there had been an “infiltration of Muslims” in India’s civil services. Last week, the Delhi High Court ordered a stay on the broadcast of this show, which was being advertised by Chavhanke on social media, using hashtags such as ‘#UPSCJihad’.  The stay was ordered by a single-judge bench presided by Justice Navin Chawla, who issued a restraint order against the broadcast on a plea filed by former and current students of Jamia Millia Islamia University. The judge also issued notice to the Centre, UPSC, Sudarshan News channel and its Editor-in-Chief Chavhanke. 

In an order issued Thursday, the Information & Broadcasting (I&B) Ministry said it cannot pre-censor a programme, or stop it from being telecast. The Print reported the order as stating, “If only, when the programme is telecast and any violation of law is found, action can be taken”. 

The news report added that in its order, the ministry called the controversy surrounding the show a “peculiar situation” where the programme has not yet been telecast but has drawn complaints on the basis of its promo. The ministry said it had sent a notice to Sudarshan News seeking its comments on whether the show adheres to the programme code. The channel replied in a written submission that it is not violative of the law and action can be taken against it if the show turns out to be, stated the news report.

“…Sudarshan TV is hereby directed to ensure that the programme proposed to be telecast does not violate any of the programme codes,” the ministry said in its order, reported The Print.

Chavhanke had advertised the show as an ‘expose’ on Jamia Milia Islamia and the Muslim community, claiming that the success of Jamia Milia Islamia students in the Civil Services examination 2020 was “a conspiracy to infiltrate the civil service by Muslims”. He still continues to advertise his media trial and ‘investigation’ on the issue.

 

The plea filed through advocate Shadan Farasat contended that Suresh Chavhanke, the editor-in-chief of Sudarshan TV, openly engaged in hate speech and defamation against students of Jamia Milia Islamia and the Muslim community. Chavhanke’s promotional video,  had claimed that the success of Jamia Millia Islamia students in the Civil Services examination 2020 represented a conspiracy to infiltrate the civil service by Muslims.

The advocate appearing for the Central Government had informed the court it had sought a clarification from the channel after receiving several complaints regarding the programme which was set to be broadcast on Sudarshan News TV on August 28 at 8 pm. According to reports, the Supreme Court while hearing a similar plea albeit filed by a different petitioner had  refused to stay the broadcast of the same show. A two-judge bench of Justices D Y Chandrachud and K M Joseph said that the court had to be circumspect in imposing a prior restraint on the publication or the airing of views on the basis of an unverified transcript of a 49-second clip.

Meanwhile, Citizens for Justice and Peace (CJP) has filed a complaint with the  News Broadcasting Standards Authority (NBSA) in connection with the communally inflammatory promotional video for a show on the presence of minorities in public service. This complaint is against Sudarshan News’s trailer of the show alleging ‘UPSC Jihad’. The channel’s Editor-in-Chief Suresh Chavhanke is seen and heard in the video saying, “How has there been a sudden rise in the number of Muslims in IAS and IPS? What is the secret behind scoring high marks in such a difficult exam? If Jihadis of Jamia become your Collectors and Chief Secretaries, what will happen then? The big reveal on the Executive being infiltrated.”

He had shared that the show was going to be an ‘expose’ on “Muslamano ki Ghuspaith ke shadantra ka bada khulasa (The conspiracy behind Muslim infiltration in UPSC – The Big Reveal).  The CJP complaint brings to the NBSA’s notice that Chavhanke is known to have published such derogatory and venomous comments targeting the religious minorities in the past. He has also been previously arrested by the Lucknow police for inciting communal hatred. Among the many criminal charges him, also include charges of rape, attempt to murder and fraud, as per FIR filed by a former employee of Sudarshan news channel, in 2016.

The complaint further brings before the NBSA the many criticisms faced by the news channel on account of the promotional video of the show. More than 1,700 citizens — including prominent journalists, film directors, lawyers and civil society members — have written to seven chief ministers, demanding that an FIR be registered against Chavhanke for spreading ‘hate speech’. Further, even Jamia Teachers’ Association has urged the university administration to file a criminal defamation suit against Chavhanke for making offensive remarks after brilliant performances of Muslim aspirants in the recent examination held by the Union Public Service Commission (UPSC).

The show stands to violate the code of ethics and standards on reportage as set out by NBSA from time to time such as acting in public interest, avoiding creating panic and distress, avoiding offensive language, avoiding religious stereotyping and so on. Further, it also amounts to various offences under the Indian Penal Code such as promoting enmity, causing disharmony, outraging religious feelings and so on, which have been mentioned in detail in the complaint.

The complaint states, “These discriminatory statements and unverified claims amount to generating an atmosphere that can lead to mass violence and targeting of the Muslim community. The Muslim community has been subjected to hate speech and vehement hate propaganda in the past few years and the TV news media has especially been complicit and an active participant in driving this narrative.” Here is the real news behind Suresh Chavhanke’s fake news factory:

However there is no mention of “UPSC Jihad” in the court’s order. And Chavhanke has declared that this show will be aired on Friday.

 

 

Related: 

CJP calls out Sudarshan News’ hate agenda; moves NBSA
Promoting fraternity: Courts to the rescue
Delhi HC stays broadcast of Suresh Chavhanke’s ‘UPSC Jihad’ show

The post Centre allows Sudarshan News to air controversial #UPSCJihad show appeared first on SabrangIndia.

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