The Union Ministry of Information and Broadcasting on Thursday allowed Sudarshan News channel to telecast the controversial episode on “UPSC Jihad,” stating there is no norm to pre-censor a show. The episode was supposed to air on August 28, but was stalled by the Delhi High Court after many took objection to the programme’s blatant islamophobia.
The promo of the episode which was shared on Twitter by Suresh Chavhanke, Chief Managing Director and Editor-in-Chief of Sudarshan News, insinuated that there was a "conspiracy" in scores of Muslim candidates clearing the Union Public Service Commission exams. In the clip, Suresh also called students of Jamia Millia Islamia University in Delhi as ‘jihadis’.
Subsequently after wide outrage and condemnation, a petition in the Delhi High Court was filed by present and former students of Jamia Milia, who sought a direction to stay the telecast of the programme and to take down the trailers and all videos of the broadcast which are uploaded on the Internet by them. Arguing for the petitioners, lawyer Shadan Farasat, said that Chavhanke has openly incited his target non-Muslim audience by fearmongering that ‘jihadis’ or terrorists from Jamia Millia Islamia would soon hold positions of authority and power like that of Collector and Secretary.
The Delhi High Court issued an interim stay and directed the I&B Ministry to take a decision in the matter and thereafter inform the court of the same.
Sudarshan News in its complaint to the Ministry of I&B said that they cannot censor a programme based on content on social media platforms and that they cannot do pre-censorship of a programme before being telecasted
Responding to the channel, the Ministry said, “As per norm, there is no pre-censorship of a programme telecast on TV channels (other than films, film song or film promo or film trailer, which have to be pre-certified by CBFC). Reference is invited to section 20 of the Cable Television Networks (Regulation) Act, 1995. Sub-section (3) provides that where the Central Government is of the opinion that any programme of any channel is not in conformity with the prescribed programme code referred to in section 5 (of the Act) it may by order, regulate or prohibit the transmission or re-transmission of such programme.”
“Further section 5 of the Act provides that ‘No person shall transmit or re-transmit through a cable service any programme unless such programme is in conformity with the prescribed programme code’. Accordingly, it is the responsibility of the channel owner to ensure that a programme telecast on TV does not violate the programme code. The programme codes have been prescribed under rule 6 of the Cable Television Network Rules, 1994,” the notice reads.
The Ministry further added that the channel has assured them that the content of the programme does not violate the law. “This is a peculiar situation where while the programme has not yet been telecast, the promo of the programme has been telecast on the channel, which formed the basis of the complaints received in the Ministry; accordingly the Ministry issued the notice to the channel to give its say regarding adherence by the channel to the Programme Code in respect of the proposed programme.”“If at all the programme is found to be violative, action as per law may be taken,” the Ministry said.