IlT TITE ST'PREME COI'RI OF trTDIA

CIVIL ORIGIITAL JI'RISI'I TIOT

WRIT PETITION (CMLI DrARr nO, loa?r OF 2O2O

NT TIIE MAT1IER OF:

JAMIAT ULAMA-I-HIND & ORS. PSTITIONERS

Versus
UNION OF INDIA & ANR, RESPONDENTS

AFFIDAVIT DATED 13. I I.2O2O

ON BEHALF OF RTSPONDENTS NO. l AND 2

I, Amit Khare, presently working as Secretalr to the

Government of India in t}re Ministry of Information &

Broadcasting, do hereby solemnly affrrm and state as under :-

1. I state that I am authorized in my oflicial capacity to

swear and depose to the present affidavit and as such, I arr-

aware of the facts and circumstances based on the records of

the case.
2

2. I state that the Union of India had earlier filed an Affidarrr

by Ms Sonika Khattar, Under Secretary to the

aflirmed
Government of India in the Ministry of Information &

Broadcasting. The said Affidavit dated 6.8.2O2O rrlay be

permitted to be replaced with the present Affidavit which is in

respectful compliance of the order dated 8.1O.202O passed by

this Hon ble Court in the captioned petition.

3. I state and submit that I have read arrd understood the

contents of the captioned petition in which the following
prayers are made:

"(a) Issue a uit

in the nqture of mandamtg or ang
other writ, order or direction to the Central
Gouernment to stop the dissemination of fake neus
and take stict action a.gainst the sectiotl.s of the
media spreading bigotry and communal hotred
in relqtionto the Nizamud.din Markoz, issue; and/ or

(b) Issue a wit in the nature of mand,amug or ang

other uiL order or direction to the Ministry of
Infotmation and Broadcasting to identifu and
tqke stict action qgainst sectiorts of the media uho
are communalisirtg the Nizamuddin Morkaz
issue: and/ or
 3

b) Issue a uit in tte nah[e of mand.amus, or anA

other u.)rit, order or direction to all sedions of the
media to strictlg complg, in letter and spiit, utith
tlle dirediorLs of the 25 Hon'ble Suprem.e Court
dqted March 31, 2O2O in Wit Petition (Ciuil) No.
468/2O2O; and/ or
(d) pcss such other/furTLer order as thb Hon'ble
Court mag deem fit and. proper in the facts and
circum,stqtrces of th.e Dresent case:

4. I state and submit that as pointed out hereunder, ln

exercise of the statutory powers under the existing regime, the

Central Government has issued several directions to prevent

dissernination of fal<e news leading to abrogation of communal

harmony. It is submitted that the Ministry of Information and

Broadcasting has been issuing advisories from time to time to

TV channels to adhere to the programme code.

5. I fi.rther respectfully state and submit that Ministry of

Electronics and Information Technologr (MeitY) has power t(

issue directions for blocking of information by public under

section 69,4. of IT Act 2O0O arld Information Technologr

.%x.=-.i.i
4

(Procedure and Safeguards for Blocking for Access of

lnformation by Public) Rules, 2009.

6. It is submitted that in exercise of tlte aforesaid statutory

power, MeitY has already issued t].e advisories categorically

informing the intermediaries to remove false news /mis-

information concerning COVID-f9 which are likely to create
panic among public and disturb tlle public order and
communa-l harmony. Accordingly, so far MeitY has issued

directions for blocking of such content u/s 694. of IT Act, 2OOO

to va.rious intermediaries in month of April and details are as

below:

CoRoNA RELATED conrEnr

Ito, oF Accou[Ts !to. oF sPEcFrc URLa ToTAL
FacEBoo|( I l1' 1 13',

T.WITTER 613' 615'

YoUTUBE 0 3.
IITSTAGRA o t2' 12',
u
 3

ToTAL 4 739' 743'

*It may be noted t]lat some of the aforesaid URLS were related

to Tablighi Jarnaat and were communal in nature as they were

giving religious colour on Corona issue and were anticipated to

create Dublic order situation.

7. lt is respectfiily submitted that as evident from the letter

issued by the Respondent No.1 (MHA) dated O1.04.2020, a copy

of which is annexed hereto and marked as Atnexrue R-1. it is

clear that tlle Government of India took inmediate and effective

steps to prevent online fake news. Further, the Ministry of

Information & Broadcasting took decision to set-up a Fact

Check Unit in the Press Information Bureau specifically for

COVID-l9. This Unit was set up on 2"dApril, 2020 and is

mandated to receive communication/messages from public at

large to which response is sent in a defined tirne-frame. Copy of

communication dared O2.O4.2O2O constituting the Fact Check

Unit is at Annexure R-2.

o
M. ARJI. , i'x
Nc c'"
R€A
i-\
8. I respectfully state and submit that the aforesaid Fact
Check Unit of the Union of India receives messages by email at

pibfactcheckOernail.com and send response in a delined time-

frame. Facts can be checked tirough the fink

https:/ / factchecL,plb,gov.ta.

9. I respectfully state and submit that since its inception on

2"dApril,2020, this Unit had received commulication in 8,150
cases as on 23rd October, 2020 out of which replies have been

given in 7,350 cases, and reference has been made to states in

8OO cases.

10. I further respectfirlly state and submit that in order to

further strengthen the measures to prevent dissemination of
fake news, MHA had written a letter dated 2"d April 2O2O to all

States and Union Territories, wherein, apart from requesting

the respective states arrd UTs to strictly implement lockdown

measures in letter and spirit, the MHA had also directed that in

terms of this Hon'ble Court's order dated 31"t March 2020

 '7

passed in the case of Alakh Alok Sriuastaua Vs. Union of India,

requisite steps under Section 54 of the Disaster Management

Act 2OO5 relating to preventing fale news should also be talen

by tlle respective state authorities. It is further submitted that

all these letters, advisories and communications are made

available by MHA in their website for public viewing and access

at bttp3:/ /www.Eha.gov.in.

11. It is further respectfully submitted that in pursualce of

this Hon'ble Court's direction dated 31.03.202O in Civil Writ
Petition No. 46a /2O2O, the Ministry of Information and
Broadcasting issued a communication on 1s April, 2O2O to the

Print and Electronic Media through the Indian Broadcasting

Foundation, the News Broadcasters Association, the Press

Council of India, Registrar of Newspapers for India, Press

Information Bureau and Prasar Bharati with the request to

disseminate the judgement of this Hon'ble court to all

stakeholders for appropriate action and for endorsing the

to lhe stakeholders to this Ministry. The

"o* ,"ent
*/^rt ARy^ \-o
i*

s of\
cl\ "a ^b
'ssei
69
8

said communication dated O1,O4.2O2O is annexed hereto and

marked as Alnexure R-3. A separate communication dated

OL.O4.2O2O was also sent to all the State Governments by

Ministry of Information and Broadcasting. A copy of the said
communication is alnexed hereto and marked as Arnexure R-

4.

12. Furthermore, tJle Press Coulcil of India vide its Press

Release of l"tApril, 2O2O had also issued an advisory to the
media 'to responsiblg ensure dbsemination of uerified neu)s on

COVID-19 outbreak based on the news bulletins of Governmcnt

of India in terms of Hon'ble Supreme Court's Order dated,

31.3.2020'. PCI in its press release also referred to the direction

of tJle Hon'ble Supreme Court irl ttre aforementioned Writ

Petition. A copy of tJ.e Press Council of India release dated

01,O4.2O2O is annexed hereto alrd marked as Annexure R-5,

13. In addition to the above, t]le News Broadcasters

Association (NBA) and lndian Broadcasting Foundation (IBF)

have also issued communications to all its members $'ith tlre

request to the members for taking necessary action as per

communication of Ministry of Information arld Broadcasting

Copies of the communication dated OI.O4.2O2O anc

O2-O4-2O2O issued by NBA and IBF are annexed hereto anc
marked as Annexure R-6 and $! respectively.

14. I respectftrlly state and submit that on the issue of

tackling false/fake news appearing on digital/electronic media,

it is informed that the Press lnformation Bureau (PIB) already

has a Unit which looks at matters relatins to fake news

appearing in Media. During the month of March and April,

2O2O, the PIB social media handle has done COVID-19 related

fact checks in 119 cases appearing in the media, including 83

on social rr:edia, 7 on television, 3 in print media, l5 on

WhatsApp and 11 on online newsportals.

15. I respectfully state and submit that the news relating to

people who attended the Tablighi Jamaat event at tlre

lo

Nizamuddin Markaz in the month of March, 2020 and tested

positive for COVID-19, has been carried by various media

platforms including print media, online newsportals, etc., and

various views / opinions have been expressed relating to this

incident. It was also t]le time when the country was under a
national lockdown and the concerns regarding infection of
COVID-l9 loomed large across the country. Almost every new
case of COVID-l9 infection was being highlighted in the media.
In this context, the news regarding the congregation of
estimated 25OO people in the Nizamuddin Markaz, of which a

number of persons tested positive for COVID-l9, became a

matter of concern both for the Central Government and the
State Govemments and of discussion in the media arrc

anongst the public.

16. I respectfully state and submit that the majority of the

leading national newspapers of tie country including print
editions such as The Times of India, The Indian Express anc

Hindustan Times have carried largely factual reports in this

 11

context. Online newsportals such as The Print and The Wire

have also undertaken objective reporting, through news

reports, and analysis, through opinion and editorial articles, of

events concerning the Tablighi Jamaat. By and large, issues

relating to Health, Law & Order and the action taken by the

Central Government and the vaiious State Governments for

handling the pandemic have been discussed.

17. I respectfully state and submit that the media has made a

clear distinction between the organizers and attendees of the

Tablighi Jamaat event and the larger Muslim community ir.
general. This may be observed through a reading of Why
Fltngtrg the Term 'Corona Jihad' at the Tablighi Jamaat
Makes No Sense, published in The Wire on O2lO4l2O2O
lAnnexure R-81, and Tablighi Jamaat Covid-I9 case diwides
the ilterret, Ti&es of India, OllO4|2O2O. (A,llrexure R-91.

The majority of Opinion alticles have also made this distinction

clearly, such as may be observed in Tablighi Jamaat or

Ayodhya
- all defy soclal dlstancing rule. Stupidity can't

/a"t' \ll
1/.at apva \6
tz

be forgiven published in The Ptlrt oa 3llo,3l20 (Aaaexure

&!Ol, Don't comnunallge the battle against Covid-Ig -

editorials from llindusta! Tlmes on OllO4l2O2O lArEexure

R-lU, Already rampant communal wlrus ln tndla is gleefully
ptggy-back ddilg on cotonawirus from Indlan Express on
O4lo4l2O2O (Arnexure R-121, atld Talking to Tablighb:
'Nizanuddln ilcident dlstressing and unforturate, but
don't EaLe it a sitch-hunt' from Indian E:rpress on
07 I 04 I 2O2O (A[trexure R- I 3l .

18. I respectfully state and submit that the message by the

chief of Tablighi Jamaat, urging followers to cooperate with the

Govemment and follow prescribed procedures to check the

spread of COVID-19, was covered by the media. Reports

including Breakhg Silence, Tabligbl .tamaet Makes Publlc

Appeal for Membets to Comply With Health Orders
published lD The trlire, oa O2lO4l2O2O (Annexure R-14),

and 'Lfuten to doctors, avoid gatherings': Jemaat cbief in

message to foUowers carrled by Ilirdustan Aimes on
O4lO4l2O2O {Annexure R-151 are submitted in this regard.

Statements by the spokesperson and advocate of the Markaz

were also given wide coverage, as seen in articles titled As

Tabligh's Nizamuddin centre ia cleared, Kejriwal warns of a

surge in caaea in Indian Express on OllO4l2O2O (Antrexure

R-l6l and Covid-lg: Nizanuddin markaz says 15OO

members btoke away before quaratrtire in llhdusta! Timea

oD, 3l l 03 l 2O2O lAnnexure R- 17).

19. I respectfully state and submit that the media also

covered statements by other prominent persons from the

Muslim community, appealing to the people to cooperate with

the Government in the fight against COVID-l9. News reports

such as Call it a tristake, rot corapiracy agaitrst ltrdia, say
Muslim scbolars o! Tablighi Jamaat event, on OA|O4|2O2O
(Arnexure R-18) and Muslim IAS-IPS oflicers' Covid-Ig
appeal to community: Don't give anyone reaaon to blame
yorr oD, OS|O4|2O2O (Annexure R-19) carried by The Print

Eay be seen in tbis context, A similar report Cleric urges

muslims iD Navi MuEbai to cooperate in Iight against
coronavirus was published by Times of Indla on
OS I 04 I 2O2O (Aanexure R-2O),

20. I respectfully state and submit that in opinion based

articles, the irresponsible behaviour of t1.re organizers of the

event was discussed even by writers such as Javed Anald and

Firoz Bakht Anand. However, the responsibilities of the Union

and the State/UT Governments were also highlighted in these

articles. Articles like Citizens must exhibit responsible

behaviour I Opiliou - columns iD llildustan Times on
0610412020 (Alrnexure R-21|, Orgarisers of Tablighi
Jamaat have hurt the fight against the corolravirua on
O3lO4l2O2O (Annexure R-221 ; and Tablighi Jamaat blames

'govt planring'as BJP, AAP attack it for spike in Covid-lg

cases in Indian Expresa ot 3llO3l2O2O (Arnexure R-23) as

well as Dear Muslims, tablighi Jamaat committed a crime

agairst humarity. Don't defend them ir The Print on

orlo4l2o2o I , may be seen for reference.
61P"-XP
Ii'" o^.r,\6
21. I respectfr.rlly state and submit that the media highlighted
the action taken by the authorities against persons posting
objectionable content on social media. Such content includes

rumours as well as obscene and hateful content related to the

Tablighi Jamaat. Reports in this regard include Police refute

Amar Ujala report about Tablighi Jamaat members

misbehaving with m€dical staff, ilr Newslaundry on

OS|O4l2O2O (Aanexure R-25) ; and Nizamuddin: Minorlti€s

Panel Reports DU Teachers for Hate Speech Against

Muslims in The Wire o\ O2lO4l2O2O lArnexure R-26). The

Indian Express carried several such reports: Aurangabad

doctor booked for soclal media post calling Tablighi Jamaat

chief a 'terrorist' on O61041202O {Annexure R-27} , Man

booked for objectiolable comment on Facebook I Cities
News, on O3lO4l2O2O (Artrexure R-28) , cujarat arests
seven for sbaring hate messages I India Newa oD

O4lO4l2O2O (Alnexure R-291 , as well as Jamshedpur: 5

held for spreading onllne rumour on Tabligh event on
la

OS|O4|2O2O {Annexur€ R-3O) , Three arrested for posting

'obscene' content over Nizamuddin event on 0,610,4120.20

{Annexure R-311 , and Not right that some tenants being

asked to vacate due to communal diwisions: Himachal
Police on 07lO4l2O2O lAnrexure R-32) .

22. I respectfully state and submit that statements from state

Chief Ministers as well as other political leaders that s'ere

carried in the media included those which urged people to
avoid communalisation and sensationalization of the event as

well as those which expressed anguish over the irresponsible

behaviour of the organisation and the attendees of the event.

Wide coverage in this regard includes reports like .Not fair to

sirgle out Tablighi Jamaat for Covid-l9 spread': Jagan
Reddy on O4lO4l2O2O {Atnexure R-331, IYod to Tablighi
Jamaat gathering should have been denied, says Sharad
Pawat on 06l04l2O2O (Anncxure R-34) ln lllndustan Times;

as well as Don't give coronavirus communal colour, avoid

 lj

selsatiolalisatiotr: Kerata, Beagal 02l04l2o2o

(A.ltrexute R-351 b the Indlar hpress.

23. I respectfully state ard submit that the petitioner has

selectively picked up a few articles / reports appearing in some

of the web portals arld private fact check portals to create an

impression that the media had communalised the issue of

Tablighi Jamaat and to create a false narative about t}re role of

media. For instance, the petitioner has referred to arr article

titled Coronawirus end ltlzanuddh: TV trews returtrs to

bigotry with a barg lAnrexure R-36f of a news portal named

Newslaundry, dated O1.04.2020, in his petition. However, the

sarne news portal Newslaundry published an article titled Dilli

ke Nizamuddin Markaz mein LLuue Iitema se nikle loa fithaq.l

desh ke kareeb 14 raajgon mein oaue hain. Kul peediton mein

25 feesdi beemar Tabliohi Jamq.at ke litema mein shaamil ta e

loq hain on O4.O4.2O2O (Annexure R-371 in Hindi which has

given an opinion about how the fight against COMD-19 has

r8

been adversely affected by Tablighi Jamaat which has taken the

country and the Muslims on the bacldoot.

24. I respectfitly state and submit tlat on the basis of

preceding paragraphs 17-23, if may be said that news reports

and other articles in this context have reflected multiple

viewpoints of the stakeholders related to the events, and
predominantly stuck to a balanced and neutral perspective. It

is submitted tlat on any particular issue there could be several

views and perceptions in the public domain. As a matter of

journalistic policy, any section of the media may seek to
highlight different events, issues and happenings across the
world as per their choice, The said selection of the events,
issues or happenings, the creation of content on the same and

its projection in a particular way, may or may not eventually

create a particular view in the mind of the viewer f read.er,

However, access to different sections of the media, with varying

journalistic polices enables the viewer f Teadet to laeow various

sides
'zffi
€
, social, economic, health or even religious

* Ae'.A
^tv,. Ab.
1!50!
^6c.

a\
 l9

issue thereby providing a choice on the source of

knowledge/opinion.

25. It is submitted that the regime of forbearance allows

di$Sr.ent sections of the media to function with the freedoms
rrrq.{t -r, t I
.'.. the Constitution giving a choice to the viewer
Jle0"gulrrantpqd,in
*.,r !.a.. ,. .v",
_

either to see all or any sides of a particular view or to choose a

particular side on any events, issues and happenings across

t'l.e world.

26. It is respectfully submitted that the petition is based upon

vague assertions based upon certain .fact checking news
reports" to contend that entire media is perpetrating communal

harmony and hatred towards one particular community and

pray for the writ of this H-op,ble Court raisinq grievances
.! 'l

against 'a certain section of media". As has been demonstrated

mrlraras 17-22, wide-ranging views and opinions have been

en,r."',ex6?F33hd. eqlgss media platfotms on the Tablighi Jamaat

issue, which are not communal in nature. [n effect, the
rBY ED
*[ ncg
^r4.Aava
rrlo. ,95e:
^\
v)
2o

Petitioners are seeking a wide ranging, vague, unrestrained pre-

telecast restriction that too on the basis of unverifiable reports.

DEPIOI|EITT

ar".J Lk"e-
AUIT KHARE
Saaaabty
VERIFICATIOI{ *"miffi":i:rfr;l'
27. l, the deponent above named, do hereby verifu that the

contents of paras 1 to 20 of the affrdavit are true to my

knowledge, no part of it is false and nothing material has been

concealed therefrom.

28. Verified at New Delhi on 13th dav of November. 2o2o

DEPONENT