The Supreme Court on Wednesday overturned the Central Government’s refusal to renew the broadcasting license of Malayalam news channel MediaOne, claiming national security concerns.
A bench of Chief Justice of India (CJI) DY Chandrachud and Justice Hima Kohli rejected the Central government’s reasoning that certain broadcasts by the channel jeopardised national security.
“Some of the reports cited by IB include minorities favouring reports being telecast, criticism of UAPA, NRC, CAA, and criticism of the judiciary and executive. Such reports are simply inferences of what is available in the public domain. There was no evidence of terrorist links,” the Court stated.
“We believe that national security claims cannot be made out of thin air. It is clear that none of the material is contrary to national security or endangers public order,” the court ruled.
In addition, the Court refused to accept the Central Government’s stand that it can only disclose reasons for the ban under sealed cover.
The government had revealed the reasons for the ban to the Kerala High Court in a sealed envelope, and the channel was not made aware of them.
“The adopted sealed cover procedure has rendered the petitioner’s rights as dry parchment and the procedural guarantees to the petitioners otiose. Sealed cover has limited the right to fair and reasonable proceedings, leaving appellants in the dark to fight the case,” the Court stated.
The Court ruled that it is the duty of the press to speak truth to power and that critical opinions air by cannot be labelled as anti-establishment.
“In order to conclude that MBL takes an anti-establishment stance, IB relied on programmes and comments on NRC, CAA, UAPA, and judicial verdicts. The independent press is essential for the responsible running of society. The press has a responsibility to tell truth to power. Critical media views cannot be labelled as anti-establishment, and using this term implies that the press must back the establishment,” the Court ruled while setting aside the ban.
The Court also rejected the argument that MediaOne was affiliated with Jamaat-e-Islami Hind. (JEIH). It also stated that JEIH is not a prohibited organisation.
The channel had moved before the Supreme Court, challenging a Kerala High Court Division Bench decision that supported the Central Government’s revocation of the channel’s security clearance for the channel’s license.
On January 31, 2022, the MediaOne channel was taken off the air, prompting it to file an appeal before the High Court, which chose to defer the operation of the Ministry’s order.
On February 8, however, a single-judge Justice Nagaresh supported the I&B Ministry’s decision to revoke the Malayalam channel’s license.
The material handed over to the Court in a sealed cover, according to the Court, indicated that the Ministry of Home Affairs (MHA) had adequate reason to deny security clearance to the channel, thus justifying the ban.
The Central Government refused to state what the MHA’s concerns were, arguing that a party cannot insist on natural justice principles in a situation concerning national security.
Following that, the single-judge’s decision was appealed by Madhyamam Broadcasting, MediaOne Editor Pramod Raman and by the Kerala Union of Working Journalists.
The Central government informed the division bench of the High Court during the hearing of the appeal against this order that the decision to revoke the license was founded on credible national security concerns.
The ruling was then upheld by a division bench of Chief Justice S Manikumar and Justice Shaji P Chaly, prompting the channel to appeal to the Supreme Court.
On March 13, a bench of Justices DY Chandrachud, Surya Kant, and Vikram Nath stayed the channel’s ban and directed that it resume operations in the same way as before the revocation of security clearance.
