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Synopsis

The Supreme Court today pronounced its verdict setting aside the ban imposed on TV channel Media One which had been taken off air after the Ministry of Home Affairs (MHA) had revoked its security clearance.

Last year in March, a Supreme Court bench of Justices Chandrachud, Surya Kant and Vikram Nath had stayed the MHA's order of revoking the security clearance of Media One.

"MHA to grant the security clearance and renewal permissions. Interim order of this court shall be in force until the renewal permissions are granted", CJI Chandrachud read from his judgment today.

Noting that some of the reports cited by the Ministry of Information & Broadcasting were that minority favoring reports were telecasted, critiquing UAPA, NRC, CAA and criticism of judiciary and executive, the Supreme Court said that, "There is nothing to show terrorist links. National security claims cannot be made on the basis of thin air. It is seen that none of the material is against national security or threatens public order."

Referring to MHA's reply wherein it stated that reasons for the ban could not be disclosed since reports from investigative agencies are secret in nature, the Top Court held that sealed cover proceedings cannot be adopted to avoid the harm caused of public immunity proceedings. "Power of courts to receive sealed covers is UNGUIDED and such proceedings violate the principle of natural justice...", Court said.

"Denial of clearance has a chilling effect and such restrictions cannot be imposed under Article 19(2). When JEIH is not a banned organization, then links with the organization cannot be called to have an impact of public order or national..", the CJI Chandrachud led bench further observed.

It has been further observed that blanket immunity to investigative reports could not be granted.

Notably, the order of MHA denying security clearance to the channel was upheld by a Single Judge and the Division Bench of the Kerala High Court.

Sr. Adv. Dushyant Dave, appearing for Media One had told the Supreme Court last year that, “We are being shut because we are being run by members belonging to the minority community."

He had further argued that after 11 years of continuous broadcast, the Division Bench of Kerala High Court had turned around and upheld the revocation of their license despite knowing very well that a security clearance was not required at the renewal stage.

Background: 

Allegedly, Madhyamam Broadcasting Ltd, operated MediaOne under the Kerala chapter of Jamiat-e-islami-Hind.

The Broadcaster had approached a division bench of the High Court after a single judge bench of Justice N. Nagaresh had upheld the central government’s decision.

In its appeal, MediaOne argued that it had been “victimised” for fair and genuine news reporting. 

It had also argued that no fresh security clearance was required under the relevant provisions of the uplinking and downlinking guidelines for renewal of license.

Centre, on the other hand had told a division bench of Chief Justice S Manikumar and Justice Shaji P Chaly of the Kerala High ,Court that the denial of security clearance to Media One by the MHA was based on inputs received from intelligence agencies.

On January 31, 2022, the Central government had banned MediaOne citing “security reasons”. The Editor of MediaOne, Pramod Raman, had responded to the ban by saying that the government had not been forthcoming with any details behind its decision.

Allegedly, the TV channel, was issued a show-cause notice from the I&B ministry asking the the channel management why its licence should not be cancelled as the Ministry of Home Affairs had already cancelled its security clearance on “national security” grounds.

The show-cause notice to MediaOne read, “The MHA has informed that the security clearance has been denied in the past to the proposals of the company and the security clearance may be considered as denied in the present case also.”

Cause Title: Madhayamam Broadcasting vs. Union of India