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Synopsis

The Allahabad High Court on Wednesday ordered Al Jazeera Media Network Private Ltd from airing the film "India....Who lit the Fuse?" till the issues raised in a PIL petition file before the high court are adjudicated.

The division bench of Justices Ashwani Kumar Mishra and Ashutosh Srivastava passed the order in a PIL filed by one Sudhir Kumar who alleged that the Al Jazeera's documentary film "purposefully" tries to create a rift between India’s largest religious communities.

While ordering the interim stay on release, the division bench noted that "from the perusal of the writ petition as well as the constitutional and statutory scheme the apprehensions expressed in the writ could not be termed to be baseless or ill-founded". 

Court has ordered the Central Government and the Ministry of Information and Broadcasting "to take appropriate measures to ensure that the film is not allowed to be telecast/broadcast unless its contents are examined by the authorities and necessary certification/authorisation is obtained from the competent authority".

"The authorities of Union and State Government are directed to act in aid of above directions and thereby secure social harmony and protect the security and interest of the Indian State," court added while posting the PIL for  admission/hearing on July 6, 2023. 

Petitioner Sudhir Kumar, a social activist, moved the high court seeking direction to restrain the news channel which is based in Doha (Qatar) from airing it's documentary film which, as per his plea, portrays Muslim minority in India of living with a sense of fear.

The petitioner alleged that the film presents a disruptive narrative creating a sense of public hatred, which is far from reality.

Film negatively portrays the political functionaries of Indian State and project them as acting detrimental to the interest of minorities...it presents disruptive narrative and creates a sense of public hatred, the petitioner claimed.

He further asserted that the film proposes to publicize distorted version of facts with intent to create disharmony amongst the citizens of the country.

Moreover, while stating that Al Jazeera has acted in a partisan manner in the past also and has been banned by several nations, the petitioner urged the high court to Interfere in the matter.

Taking note of the submissions made, the court held, "Considering the evil consequences that are likely to occur on the telecast/broadcast of film in question its telecast/broadcast we are of the view that the broadcast/telecast of the film in question be deferred pending consideration of the cause in the present petition". 

Since Al Jazeera was not represented before the court and the film was not available for court's perusal, the high court direct the petitioner to take steps within 48 hours to serve Al Jazeera and sought response from all the respondents by the next date of hearing.

Case Title: Sudhir Kumar v UOI and 4 Others