Allahabad HC restrains Al Jazeera from telecasting film 'India....Who lit the Fuse?'
Prayagraj (UP), Jun 15: The Allahabad High Court on Wednesday restrained Al Jazeera Media Network Private Ltd from telecasting the film "India....Who lit the Fuse?" in the country, considering the "seriousness" of allegations made in a PIL against the movie.
Al Jazeera is a news channel based in Doha, Qatar.
A bench comprising Justice Ashwani Kumar Mishra and Justice Ashutosh Srivastava passed the order on the public interest litigation (PIL) filed by one Sudhir Kumar who argued that the film, if released/broadcast, is likely to create hatred amongst different religious denominations and thereby destroy the secular fabric of India.
Prayers were also made to command the respondents 1 to 3 i.e. Union of India, Ministry of Information and Broadcasting and Central Board of Film Certification to review and certify the film in question before its telecast/broadcast.
The court also directed the Central government and the authorities constituted under it, to take appropriate measures warranted in law to ensure that the film is not allowed to be telecast/broadcast unless its contents are examined by the authorities, duly constituted in law for the purpose, and necessary certification/authorisation is obtained from the competent authority.
Considering the seriousness of allegations made in the writ, which are likely to have far reaching consequences, the petition does require consideration, the court observed.
"Considering the evil consequences that are likely to occur on the telecast/broadcast of the film in question, 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," it said.
"In view of the deliberations and discussions held above, we restrain the fifth respondent i.e. Al Jazeera from telecasting/broadcasting/releasing the film 'India....Who lit the Fuse?' till the issues raised in the present petition are adjudicated after notice to the fifth respondent," the court said.
Counsel for the petitioner submitted that though Al Jazeera is only a news organization but it has exceeded its ambit so as to broadcast films, position as investigations on its news channel with the singular intention of creating distress and endangering public order in the country.
As per the petitioner, he has reliably learnt from print and social media reports that the film portrays Muslim minority of living with a sense of fear and presents a disruptive narrative creating a sense of public hatred, which is far from reality.
The high court fixed July 6 as the next date of hearing.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
