SC cancels Centre’s ban on Malayalam news channel, says can’t make national security claims out of thin air’

• National security is being used to deny citizen their rights which cannot be permitted under law
• Centr’s refusal to renew broadcasting license of Malayalam news channel MediaOne
• Court pulled up the Home Ministry for raising national security claims out of ‘thin air’

The Supreme Court on Wednesday quashed order of Ministry Of Information Refusing to renew its broadcast license for want of security clearance to Malayalam news channel MediaOne TV. It directed the Ministry to issue renewal license to the channel within four weeks.

A bench of Chief Justice of India DY Chandrachud and Justice Hima Kohli turned down the argument of the Union government that certain broadcasts by MediaOne affected national security. “National security can’t be raised to deny people their rights… it was raised by the Home Ministry in a cavalier manner in this case,” the court led by Chief Justice DY Chandrachud said, overruling the Kerala High Court which had upheld the Centre’s decision.

The bench observed, “There is no explanation on what weighed with the High Court in holding the decision valid.”

The top court said: “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 top court said critical views of the channel against government policies cannot be termed as anti-establishment as an independent press is necessary for robust democracy.

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 top court came down heavily on the Union government for its attempt to keep its rationale under wraps, and file them under “sealed cover”. The court said, “Sealed cover proceedings cannot be adopted to avoid the harm caused by public immunity proceedings. We are of the opinion that public immunity proceedings are a less restrictive means to safeguard the public interest.”

“There cannot be blanket immunity to the government for disclosure of information to the other parties in a proceeding before the court… All investigation reports cannot be termed secret as these affect the rights and liberty of the citizens,” the Supreme Court said.

MediaOne, which had several run-ins with the BJP-led government at the centre, had gone off the air last year on January 31 after its name was removed from the list of permitted channels by the Ministry of Information and Broadcasting, reported NDTV.

The apex court on March 15 last year had put the Kerala High Court order, which had backed the Centre’s decision, on hold.

-INDIA NEWS STREAM