Supreme Court quashes Central government ban on MediaOne news channel; rejects MHA's national security argument given in sealed cover

The Central government's refusal to renew broadcasting license of Malayalam news channel MediaOne citing national security concerns, was set aside by the Supreme Court on Wednesday..A bench of Chief Justice of India DY Chandrachud and Justice Hima Kohli turned down the argument of the Central government that certain broadcasts by the channel affected national security. "Some of the reports cited by IB are that minorities favoring reports were telecast, there was critique of UAPA, NRC, CAA and criticism of judiciary and executive... such reports are just inference of what is available in the public domain. There was nothing to show terrorist links," the Court said.Claims of national security being affected cannot be made in thin air, the bench underscored."We hold 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," the judgment said.The Central government has raised national security concerns in a cavalier manner and there was nothing to submit that reasons divulged to threaten national security, the Court made it categorical. "National security is being used to deny citizen their rights which cannot be permitted under law," the judgment further said.Pertinently, the Court refused to accept the stance of the Central government that it can only reveal reasons for the ban in sealed cover.The government had disclosed reasons for the ban to the Kerala High Court in a sealed cover the and channel was not made privy to those reasons.The Supreme Court made it clear that such a procedure adopted by the government in disclosing reasons for the ban only to the Court and in a sealed cover has affected the rights of the petitioner-channel. "The sealed cover procedure adopted has rendered the rights of the petitioner as a dry parchment and the procedural guarantees to the petitioners have been rendered otiose. Sealed cover has curbed the right to fair and reasonable proceedings leaving appellants in the dark to fight out the case," the Court said. Importantly, the bench held that it is the duty of the press to speak truth to power and critical views aired by cannot be termed anti-establishment. "To conclude that MediaOne has an anti-establishment stand, IB has relied on programs and remarks on NRC, CAA, UAPA and judiciary's verdicts. Independent press is crucial for responsible functioning of the society. press has the duty to speak truth to power. Critical views of media one cannot be termed anti establishment and use of this term means that press must support the establishment," the Court ruled while setting aside the ban.The Court also turned down the argument that MediaOne was linked to Jamaat-e-Islami Hind (JEIH). It noted that JEIH is not a banned organisation."Allegation that MediaOne is linked to JEIH is fallacious and JEIH is not a banned organisaitons. No material to show that MediaOne office holders are shareholders of JEIH," the Court said.The channel had moved top court challenging a Kerala High Court Division Bench judgment which had upheld the Central government's revocation of security clearance for the channel's license..On January 31, 2022, 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 against this order, the Central government had told the division bench of the High Court that the decision to revoke the licence was based on credible national security concerns.A division bench of Chief Justice S Manikumar and Justice Shaji P Chaly then upheld the single-judge's decision, prompting the channel to approach the Supreme Court.On March 13, a bench of Justices DY Chandrachud, Surya Kant and Vikram Nath stayed the ban on the channel and ordered that it can resume operations in the same manner in which it was being operated before revocation of security clearance..Senior Advocates Dushyant Dave, Huzefa A Ahmadi and Mukul Rohatgi and advocates Haris Beeran and Pallavi Pratap appeared for the appellants.Additional Solicitor General KM Nataraj and advocate Shailesh Madiyal represented the respondents.[Read Judgment]