The Centre on Monday informed the Supreme Court that the Inter-Ministerial Committee has given a recommendation and certain additional recommendations in connection with the Sudarshan Tv News program “UPSC Jihad”. The Centre said it is duty-bound to give one more opportunity to the news channel to make a representation in accordance with these recommendations.
A letter seeking adjournment was circulated by the Centre and a bench comprising Justices D Y Chandrachud, Indu Malhotra, and Indira Banerjee allowed it.
Solicitor General Tushar Mehta, representing the Centre, contended before the bench that a show cause has been issued to the news channel on Monday based on the recommendations by the committee, and hearing on it would take place on Tuesday.
“The respondent Union of India respectfully submits that the said process is on-going and is at an advanced stage. It is stated that it is only after giving Sudarshan Tv News channel a final opportunity of hearing, the Central Government would be in a position to pass an order under sub-section (3) of Section 20 of the Cable Television Networks (Regulation) Act 1995 “, said the letter.
The Centre emphasized that it is duty-bound to give one more opportunity to Sudarshan News, to make its representation on the recommendation given by the Inter-Ministerial Committee in general and in particular with respect to the additional recommendations made by the Inter-Ministerial Committee for future programs. “The said process is necessary to be complied with by the Central Government before passing its order so as to ensure complete compliance of natural justice”, said the letter.
The Centre informed the court that a reply was received by it from the news channel before the returnable date, and it was sent to the Inter-Ministerial Committee (IMC) for its views and recommendation. “It is respectfully submitted that in pursuance of the said response the Inter-Ministerial Committee conducted its proceedings, wherein, the respondent Sudarshan Tv News channel was given full opportunity to represent his case by filing written submissions as well as by making oral arguments”, said the letter.
The IMC after hearing the representatives of the news channel gave its recommendation on October 4 to the Centre.
During the hearing, senior advocate Sanjay Hegde asked if the old bench would be back or the matter will need to be argued all over again. Earlier, Justice KM Joseph was part of the bench. Mehta objected to the lawyer’s questioning the composition of the bench. After a brief in the matter, the bench adjourned the matter to October 26.
On September 23, the Centre had informed the Supreme Court it has prima facie found that the news channel program with the title “UPSC Jihad” has violated the Programme Code. As a result, a detailed show-cause notice has been issued to the channel to explain why action should not be taken against it. The top court had on September 15 passed on order injuncting the remaining episodes of the TV show, and the stay continues to remain in operation.
