Freedom of expression is currently the most abused: Supreme Court

(PTI) New Delhi, Ta. Thursday, October 8, 2020

The right to freedom of speech and expression is currently the most abused, the Supreme Court said on Thursday. Earlier this year, the apex court had slammed the Center for its "unnecessary" and "irrational" affidavit on media coverage of the Tablighi Jamaat program.

The bench has adjourned the next hearing in the case for two weeks. Chief Justice S. a. Bobde, Justice a. S. Bopanna and Justice V. Rama Subramaniam's bench made the harsh remarks during the hearing on the petitions of Jamiat Ulema-e-Hind and others.

The petitions allege that a certain section of the media played a serious role in spreading sectarian hatred over the Tablighi Jamaat program during the Corona. A bench of the apex court had struck down the Centre's 'fraudulent' affidavit in the Tablighi case.

The central government said in its affidavit that the petitioners wanted to curtail freedom of speech and expression, said Dushyant Dave, a senior lawyer present for the Jamaat. The Supreme Court has since said that the right to freedom of expression has been the most abused in recent times. The bench also asked the Center to respond with the facts of the allegations made by the petitioners against the government.

"They are free to say anything in their affidavit, just as you are free to make any argument," the bench said. However, the Additional Secretary, instead of the Broadcasting Ministry secretary, gave an affidavit in which the bench was offended as "unnecessary" and "irrational" remarks were made about media reporting in the Tablighi Jamaat case.

The bench said, "You cannot treat this court as you are treating this case. The court also directed the secretary of the Ministry of Information and Broadcasting to provide detailed information on the steps taken earlier to prevent media reporting in such cases.

During the hearing, the bench said that Section 20 of the Cable Television Networks (Regulation) Act, 1995 deals with the power to stop the operation of a cable television network in the public interest.

These clauses may apply to TV programs, but not to broadcast signals. However, the government has spoken on the advisory issue in its affidavit. The bench told Solicitor General Tushar Mehta that the affidavit of the Center was submitted by the Additional Secretary and did not say anything about the allegations.