9/18/2020 'We Have The Constitutional Duty To Protect Human Dignity As It Is Important As Protecting Free Speech': Justice Chandrachud

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"We Have The Constitutional Duty To Protect

Human Dignity As It Is Important As Protecting
Free Speech": Justice Chandrachud In
Sudarshan TV Show Matter
Akshita Saxena 18 Sep 2020 5:06 PM

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9/18/2020 'We Have The Constitutional Duty To Protect Human Dignity As It Is Important As Protecting Free Speech': Justice Chandrachud In Suda…

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Justice DY Chandrachud has observed that the right to human dignity is as important as

the freedom of speech and expression.

The remark was made by him while hearing the Sudarshan News TV's case against

restraint of its controversial show "Bindas Bol", as the Top court was of a prima facie

view that the show vili ed the Muslim community.

"Let the marketplace of ideas ourish in India. We know what happened during the

Emergency. But, we have the constitutional duty to protect human dignity and that is as

important as protecting free speech," Justice Chandrachud said while directing the

channel to le a clear a davit indicating the good faith efforts it is willing to take to

protect dignity of the affected community.

https://www.livelaw.in/top-stories/we-have-the-constitutional-duty-to-protect-human-dignity-as-it-is-important-as-protecting-free-speech-justice-chandr… 2/16
9/18/2020 'We Have The Constitutional Duty To Protect Human Dignity As It Is Important As Protecting Free Speech': Justice Chandrachud In Suda…

Also Read - [Patna Collectorate Building] SC Stays The Proposed Demolition Of The

18th Century Structure; Notice Issued To Bihar Government

The remarks were made as the bench, also comprising of Justices Indu Malhotra and KM

Joseph, noted that the show has been presented in an 'inciteful manner'.

Justice Chandrachud noted that a stereotypical representation of the Muslim community

and consistent implication that a particular community is "in ltrating" the bureaucracy is

an important issue that needs to be considered.

Representation Of Muslims With a Beard, Skull cap and Green Face, With Flames in the

Background:SC Says Sudarshan TV Presented Allegations In An 'Inciteful Manner' In

'UPSC Jihad' Show

Also Read - SC Order Extending Limitation Period Does Not Enlarge The Period Upto

Which Delay Can Be Condoned In Exercise Of Statutory Discretion: SC [Read...

"Whenever you refer to the Civil Services, you refer to the ISI and that is a serious concern

as you show it as a conspiracy by Muslims. Of course do your investigative journalism,

but can we allow such implications being made?" he speculated.

He acknowledged that the channel's report raises some questions of national security

however, he reiterated that the same has to be read alongside human dignity.

Also Read - Relief Of Speci c Performance Of Contract Is No Longer Discretionary

After 2018 Amendment: SC [Read Judgment]

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9/18/2020 'We Have The Constitutional Duty To Protect Human Dignity As It Is Important As Protecting Free Speech': Justice Chandrachud In Suda…

"As judges we are also concerned about national security. But, we have to protect human

dignity as well," he said.

He observed that there is no restriction upon investigative journalism. However, he

emphasized that the to say that every member of a community represents a terrorist

organisation, just because some funding member, is "not above the Board".

He said that as soon as the channel draws such an inference, it becomes a cause of

concern because this is where it goes from free speech to hatred as it implies that every

member of that community has an agenda.

"You alienate the good members, who are like everyone else, of the community with this

sort of a propaganda," he remarked.

He has now given time to the channel to le an a davit and indicate how it plans to

strike a balance.

"Let a message go to the media that we need to ght for a nation that is inclusive, that is

able," he said.

TAGS #JUSTICE CHANDRACHUD  #SUPREME COURT  #'#FREEDOM OF SPEECH AND EXPRESSION 

#FREE SPEECH  #HUMAN DIGNITY  #SUDARSHAN TV NEWS 

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