To, The Hon’ble President of India Rashtrapati Bhawan New Delhi SUBJECT: Petition against owner, managing director of Sudershan Channel and also against its anchor, producer, editor etc. for intentionally, deliberately malafidely and wantonly giving provocation to viewers of the channel with an intention to cause riots and for promoting enmity between citizens of India on the ground of religion and for doing acts which are prejudicial to the maintenance of harmony and for appealing to cause disharmony and to cause feeling of enmity and hatred and ill will among the citizens of India and thereby instigating and inciting public at large to kill Sansad Ratan award winner Member of Parliament Mr. Asaduddin Owaisi and Member of Legislative Assemply Mr.Aakbaruddin Owaisi and after having the government residence of Mr. Asaduddin Owaisi attacked posting the pictures of the same on the Facebook page of Sudershan Channel thus taking responsibility of the attack by Hindu Sena activist on the residence of Mr. Asaduddin Owaisi and also for various other actions as contemplated under Indian Penal Code including section 452, 453 and 454 ipc and also for banning Sudarshan Channel for misusing the fundamental rights of freedom of speech and expression and for instigating the public at large to take law in their hands and to commit criminality and for violating the guidelines of hon’ble supreme court. His Excellency, That the present petition is preferred with His Excellency with extreme heavy heart and being saddened and perturbed on account of an unfortunate and ghastly incident perpetrated by alleged Hindu Sena Activist at the clear and candid instigation of Sudershan Channel on 26.10.2014 at the residence of member of Parliament Mr. Asaduddin Owaisi situated in most protected area of Delhi. Infact, Sudershan Channel for last couple of days has been showing an special programme from 8 PM till 9 PM, wherein, Sudershan Channel itself and in response its viewers being instigated by Sudershan Channel only, have been hurling abuses against a registered political party known as AIMIM and its national President Mr. Asaduddin Owaisi and Akbaruddin Owaisi. Mr. Asaduddin Owaisi is an elected Parliamentarianas per democratic norms, rules and procedure invogue. His performance in Parliament can be ascertained from the mere fact that to his credit there is a prestigious award known as Sansad Ratana Award. His brother Akbaruddin Owaisi is a young and dynamic leader and has huge support in all over India. Some cases were also lodged against him for his alleged hate speeches and he even languished in Jail in terms of the procedure and law of the land and thereafter has been leading his life with all liberties in strict consonance with the law of the land. The cases of alleged hate speeches are sub-judice before Hon’ble Courts where the law of the land will take its own course. As long as the cases are pending before the Hon’ble Courts and no decision is returned by Hon’ble Courts, as per established law he deserves to be considered, regarded and respected as an innocent and not guilty. No person has any right or entitlement to give his own judgment against the accusation and anyone and thereafter to take law in their own hands and even to extend punishment and thereafter to execute the same. India is governed by Rule of law and the law has its supremacy and therefore, should be respected by all means and if anyone utter or shown any disrespect than the law should be set in motion to punish such offenders. India cannot allow anyone to take law in his own hands and to pass judgments from his own wisdom and thereafter to determine and execute the punishment as there is a strong pillar known as judiciary to take care of such things in India, otherwise, the anarchy shall prevail and such a situation cannot be held to be beneficial for India. Unfortunately, a little known TV Channel designed as “Sudershan Channel” used to involve in hurting the sentiments of minorities of India and many of its programmes/news items frequently spread hatred and enmity in the name of religion and sometimes even in the name of language and region. Sudershan Channel is involved in all such absurdities so as to become number one channel of India and therefore, never hesitate in taking law in its own hands. For last couple of days Sudershan Channel has been broadcasting an special programme from 8 to 9 PM on daily basis, wherein, he has been conducting Media Trial of Akbaruddin and Asaduddin Owaisi. Things did not end here, while conducting the media trial the anchor of the programme has been taking calls of viewers and flashes messages wherein, he has been broadcasted not only abuses but also deadly threats against Owaisi brothers and Muslims of India. The undersigned has also watched certain programmes and thereafter switched to some other channels however, having great pain in his heart and wondering as how such channels can be allowed to operate their system and how such news/items can be allowed to be broadcasted. The undersigned also apprehended that any untoward incident will definitely take place as the anchor of the programme specifically exorts the viewers to take law in their hands and further giving wrong legal advices to the viewers thus maligning their minds that they can do anything and that nothing will happen to them in such an event. Yesterday in the night when the undersigned had been browsing the internet he came across with a facebook update on one of the facebook page of Sudershan News mentioning therein that “Sudershan Ki Muhim ka Dikha Asar Hindu Sena K Karyakartao ne Delhi me Owaisi k Ghar K bahar Kiya Pradash” with this status, certain photographs were also pressed to uploaded showing certain young boys breaking the name plate affixed outside at outer wall of the residence and thereafter throwing on the road and putting their feets over the broken name plate. The surprising aspect is that the Sudershan Channel has clearly admitted its responsibility as that they have got it done. The instigation of Sudershan Channel by virtue of its special programme has resulted in an attack on the residence of Hon’ble member of Parliament. Therefore, it is crystal clear that Sudershan Channel and its other responsible officials including the owner, managing Director, Anchor etc deserves to be arrested after registration of an appropriate case and in these circumstances Sudarshan Channel also deserves to be ban in India with immediate effect. Infact, broadcasting and inflammatory material filled with hatred aiming to insight and instigate public is prohibited and is the violation of guidelines formulated by Hon’ble Supreme Court in Secretary Ministry of Information and Broadcasting Versus CAB cited as 1995 (2) SCC 161. To the knowledge of undersigned neither an FIR has been registered till and nor the assailants have been arrested including the anchor. If no legal action is initiated against such persons, the peace and tranquility of India made adversely be affected and rule of law shall also be thwarted, therefore in the larger interest of justice and to ensure the application of law and order in true spirit, the present petition is being preferred. It is therefore, prayed accordingly. DATED: 27.10.2014 PETITIONER SHAHID ALI (Advocate) S/o Late Hafiz Mohd. Kharati R/o 5/27-B, Jangpura-B, Mathura Road, New Delhi-110014 9810467730 President “United Muslims Front” CC TO: The Hon’ble Prime Minister of India The Hon’ble Home Minister The Ministry of Information and Broadcasting The Hon’ble Lt. Governor The Press Council of India
Posted on: Tue, 28 Oct 2014 16:58:19 +0000
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