Read Time: 07 minutes

Synopsis

A Supreme Court bench of Justice D.Y. Chandrachud and Justice Hima Kohli on Wednesday, continued hearing a batch of petitions filed by MediaOne TV, challenging the Kerala High Court's order upholding the ban imposed on the channel. The channel went off air on January 31 this year, after its license was not renewed by the Ministry of Information & Broadcasting (I&B). The matter will be heard further tomorrow.

Today, Senior Advocate Dushyant Dave while arguing made certain remarks in the Court, alleging, blatant violation of the fundamental rights and principles of natural justice.

At the very outset, the senior counsel submitted that security clearance is not required at the time of renewal. "It is not the sweet will of the Ministry of Home Affairs, which wants to rule the whole country", he commented.

He, appearing for MediaOne, further said, "My only crime is that the channel is owned by a minority community. The channel holds a good reputation in the entire country otherwise". He argued that the lack of security clearance can not be a ground not to renew the license if the channel otherwise has complied with the Cable TV Act and the Rules.

"I don't understand the 'interest' of the nation", he said while questioning the reason with which the renewal was denied. He contended that the renewal should be automatic.

On the issue of sealed cover documents, Senior Advocate Dave added that the practice of documents in 'sealed covers' has become a practice in the last 7-8 years. "Every bail matter is in sealed cover, this is in sealed cover, that is in sealed cover. Time for your lordships to look into it", he urged. 

Again on the point of denial of renewal of license, he argued, "One word is good enough by the Ministry of Home Affairs? Anybody can be condemned then. They have not read Romesh Thapar properly then".

Further, Senior Advocate Huzefa Ahmedi, appearing for the Chief Editor, submitted that it is the case of the State Government that MediaOne poses a threat to national security and public order and such matters are outside the purview of judicial review. He further argued that the despite the notice being issued for the purported acts, no action was taken, and this fact is rather important to note. 

While ASG K.M. Nataraj provided more details on the uplinking and downlinking. ASG submitted that a security clearance is required even at the time of renewal and that it can not be done away with. Further, the process of granting security clearance was elaborated by him before the Court.

Background

Earlier a division bench of Chief Justice S Manikumar and Justice Shaji P Chaly of the Kerala High Court on March 2 upheld the ban imposed on MediaOne TV. The Centre had told the Court that the denial of security clearance by the Home Affairs Ministry was based on inputs received from intelligence agencies. The Union government had argued that where national security is concerned, reasons for denial of security clearance need not be provided and principles of natural justice do not apply. 

While, on the other hand, MediaOne had argued that it had been “victimised” for fair and genuine news reporting. 

As per information available in public, Madhyamam Broadcasting Ltd. operates MediaOne under the Kerala chapter of Jamiat-e-Islami-Hind.

Case Title:MADHYAMAM BROADCASTING LIMITED vs. UNION OF INDIA AND ORS