P&H High Court Refuses To Entertain Plea Seeking Action Against News Channels Conducting Allegedly 'Communal' Debates

The Punjab and Haryana High Court today declined to entertain a public interest litigation (PIL) seeking directions to the Central Government and regulatory authorities to take strict action against news channels allegedly airing debates with communal undertones.

Chief Justice Sheel Nagu and Justice Sanjiv Berry asked the petitioner, "Why should we entertain this plea when the same issue is sub judice before the Supreme Court?"

The Court said it had recently declined to entertain a similar plea stating that case Ashwini Kumar Upadhyay Vs. Union of India and others, is pending before the Apex Court wherein with regard to the same issue of hate speech, notices were issued to all States and the matter is pending adjudication.

"We will pass the same order in this case," added the Chief Justice.

In Ashwini Kumar case, the Supreme Court in 2023 directed all States to ensure that immediately, as and when any speech or any action takes place which attracts offences such as Section 153A, 153B, 295A and 506 of IPC etc, without any complaint being filed suo motu action be taken to register cases and proceed against the offenders in accordance with law.

The PIL, filed by Raj Kumar, a resident of Punjab, sought directions to the Union of India and the News Broadcasting & Digital Standards Authority to curb the communal-toned content on news channels that allegedly incites hate and disharmony.

The petitioner urged that the authorities make use of the relevant provisions of law, or exercise emergency powers if necessary, to protect and preserve the secular fabric of the nation.

He further sought an explanation from the respondents for their alleged failure or inaction in restraining news channels from conducting such debates, and called for strict action against both the channels and anchors who, despite repeated concerns expressed by the Apex Court and the advisories issued by the authorities, have continued to promote communal rifts through one-sided, divisive content in their broadcasts.

Title: Ram Kumar v. UOI & Ors.

Dhiraj Jain, Senior Panel Counsel appeared for Centre.