[MediaOne ban] Depth of issue not clear but sealed cover material shows security issues: Kerala High Court

The Kerala High Court on Wednesday stated that while the material handed over to it in a sealed cover by the Union Ministry of Home Affairs did not indicate the depth of the issue surrounding the MediaOne ban, there were still indications that national security and public order may be impacted [Madhyamam Broadcasting Limited v. Union of India & Ors]..A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly noted the same in a judgment upholding the single-judge decision which refused to interfere in the Central government's revocation of the broadcasting license of Malayalam news channel MediaOne. Noting that there were certain serious adverse reports by the Intelligence Bureau against Madhyamam Broadcasting Limited, which runs MediaOne, and its Managing Director, the Court held,"It is true that the nature, impact, gravity and depth of the issue is not discernible from the files. But, at the same time, there are clear and significant indications impacting the public order and security of the State. Since it is a confidential and sensitive file maintained by the Ministry of Home Affairs, Union of India, we are not expressing anything further in the interest of national security, public order and other aspects concerning the administration of the nation", the judgement stated. .Regarding the aspect of freedom of press, the Court referred to several judgments of the Supreme Court, including the Pegasus case, and said that there are restrictions on the same when issues of national security are concerned. "It can be seen that the Apex Court, while emphasizing the relevance and importance of the freedom of Press, makes it abundantly clear that the restrictions contained under Articles 19(3) and (4) of Constitution of India dealing with public order include the security of the State," the Court said.The Court further said that the government cannot ordinarily tinker with the freedom of the press "since the principles of democracy and rule of law prevailing in the country is largely dependent upon the freedom of speech enjoyed by the press."However, it held,"...even though too many details are not available in the files produced before us, we are of the view that there are certain aspects affecting the public order or the security of the State on the basis of the report of the Intelligence Bureau and other Investigating agencies.".On January 31, the MediaOne channel was taken off air following which it approached the High Court, which decided to defer the operation of the Ministry's order.However, on February 8, single-judge Justice Nagaresh upheld the decision of the I&B Ministry to revoke the Malayalam channel's licence. The Court opined that the material handed over to the Court in a sealed cover indicated that the Ministry of Home Affairs (MHA) had sufficient cause to deny security clearance to the channel, thereby justifying the ban.The Central government had refused to state what the concerns raised by MHA were, and contended that a party cannot insist on observing natural justice principles in a situation involving national security..Thereafter, the single-judge's decision was appealed by Madhyamam Broadcasting, MediaOne Editor Pramod Raman and by the Kerala Union of Working Journalists..During the hearing of the appeal, it was argued that circulation of the news is part of a right to freedom of speech and there is an affirmative obligation on the part of the government to permit broadcasting companies to operate and make the news available to people.Further, it was also pointed out that merely by using the high sounding word 'national security', the Union government is not entitled to suppress the freedom of speech and expression guaranteed under Article 19(2) of the Constitution of India. .However, the Court opined that said right is not an unfettered one and that national security concerns take priority."The security of the State and the public order are very vital for the fair and smooth functioning of the nation and therefore, significance and importance shall be provided to the interests of the citizens of this country, rather than other aspects", the Court said..Seeing no other legal infirmities in the decision of the single-judge and considering the material handed over to it in the sealed cover, the Court saw it fit to dismiss the appeal..Senior Advocates Dushyant Dave, S Sreekumar and Jaju Babu, briefed by advocate Haris Beeran appeared for MediaOne and its Editor. The respondent Union of India was represented by Additional Solicitor General Aman Lekhi and Assistant Solicitor General S Manu..[Read Judgement]