In the hearing of the case in the Supreme Court against Sudarshan TV news show on Muslims clearing the UPSC exam, Justice KM Joseph observed that media is promoting a communal attitude that is against the diversity and harmony of the nation.
The three-judge bench was hearing the case which comprised Justice DY Chandrachud and Justice Indu Malhotra they refer the program code which is framed by the Ministry of Information and Broadcasting under the Cable TV Networks Regulation Act, 1994. Clause 6(c) of the Programme Code prohibits the transmission of a program which "Contains attack on religion or communities or vegetables or word contemporaries of a religious group or which promote communal attitude"
Senior advocate Shyam Deewan appearing for the Sudarshan TV denied that the show was controversial or was targeting Muslims and claimed that it was a part of "investigative journalism". However, Justice Joseph drew his attention to the phrase "promote communal attitude" in the Code.
"Media cannot promote the communal attitude that is against the diversity and harmony of our Country", he said and highlighted that the show had literally incorrect statements such as Muslims had a higher upper age limit or more attempts for the UPSC exam compared to the others.
Solicitor General of India Tushar Mehta submitted that there are Statutory Authorities under the Cable TV Act to deal with the violation; Justice Joseph said that "the damage will be irreversible" elaborating that the court cannot afford to wait for the Statutory Authority to act against the program. It would a barrier to the justice delivery system.
After a detailed hearing, the Supreme Court passed an order restraining and restricting the telecast of the remaining episodes of 'BolBindass' show stating that “the object intent and purpose of the program is to insult the Muslim community with an attempt to portray them as a part of a conspiracy to the infiltrate the civil system".
