India: SC says it is disappointed with Centre’s affidavit on media report of Tablighi Jamaat

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The Supreme Court on Tuesday said it was dissatisfied and disappointed by the affidavit filed by the central government in a case related to the media reportage of members of the Tablighi Jamaat who were blamed for a surge in coronavirus cases, triggering a wave of violence and hate speech toward Muslims, Live Law reported.

A bench headed by Chief Justice SA Bobde told Solicitor General Tushar Mehta, first you did not file a proper affidavit and then you filed an affidavit which did not deal with the two important questions. This way it cannot be done Mr Mehta, we are not satisfied with your reply.

The court was hearing a petition filed by the Jamaat Ulema-i-Hind against the communalisation of the Tablighi Jamaat gathering held in Nizamuddin area of Delhi in March.

During the hearing on Tuesday, CJI Bode once again expressed his disappointment with the Centre’s response in the changed affidavit, saying it neither mentions anything about the applicability of Cable TV Act, nor does it specify any other regime for content regulation, according to Live Law.

Mehta told the court that there was no regime for content regulation. Cable is only a medium for the transmission of various channels and the Cable TV Act is dealing with the medium of transmission. But there is a power under the Act to prohibit transmission. There is a committee [News Broadcasters Association, or NBSA] to watch channels. The NBSA is an independent nine-member body set up by the News Broadcasters Association for self-regulation of 24X7 news channels

However, the Supreme Court rejected the argument and asked the Centre to set up a regulatory mechanism to deal with such content on TV.

Bode said, why should we refer to NBSA etc when you have the authority to look into it. If it does not exist, then you create an authority.

The court posted the matter for hearing after three weeks.