Breaking: National Security Used As Tool To Deny Remedy- Supreme Court Strikes Down Ban On MediaOne News Channel
|The Supreme Court has struck down the Center's ban on the telecast of the MediaOne news channel by setting aside the Judgment of the Divison Bench of the High Court of Kerala.
The Bench of Chief Justice DY Chandrachud and Justice JB Pardiwala found a violation of natural justice in not disclosing the reasons for the ban to the owners and disclosing the same only to the Court. The Court found that the ban is a restriction on freedom of the press and that the reasons cited are not legitimate grounds to violate freedom of speech and press. The Court has laid down detailed guidelines on how to deal with public interest immunity proceedings including a suggestion to appoint an amicus curie in such cases.
Reading the important parts of the Judgment, the CJI said that the Division Bench did not disclose the reason for the denial of clearance to air the Channel. The Court held that the sealed cover procedure violated the right of the appellants and the disclosure of the relevant material only to the Court rendered the appellant's remedies otiose.
The non-disclosure to the appellants and only to the court has offended natural justice, the Court said. The Court held that the contention that the judgment in the matter of Ex. Armymen’s Protection Services Pvt. Ltd. meant that principles of natural justice may be excluded in every case where national security issue is raised is erroneous.
"Mere involved of national security would not preclude the state from acting fairly", the Court said. The Court applied the proportionality standard. The Court said that it is not ready to accept the MHA's general claims that all reports of investigative agencies are confidential.
The Court observed that the Union of India raised the national security issue in a cavalier manner and that it did not explain why non-disclosure was necessary. The Court said that national security is being used as a tool to deny remedy to the appellant and that the same is not in tune with the rule of law.
The Court also said that the report of the IB is "merely inference drawn based on information in the public domain".
The Court said that national security claims cannot be made out of thin air and that there must be material.
The Court also observed that an independent press is necessary for the robust functioning of democracy. It also found that there is no material to connect the owners of the channel with Jamaat-e-Islami Hind and that the same is not a banned organisation.
Madhyamam Broadcasting Ltd., the company that owns the Malayalam news channel MediaOne had filed an appeal against the Judgment of the Division Bench of Kerala High Court dismissing their appeal against the Single Judge's Judgment upholding the restriction on the telecast of the channel.
The licence for telecasting MediaOne was due to expire on 29 September 2021 when the channel applied for renewal of the licence on 30 May 2021 and was served with a show-cause notice for revoking permission and later on 31 January 2022 an order revoking the permission was passed on the grounds of national security and public order.
The channel filed a writ petition before a Single Judge of the Kerala High Court and obtained an interim order permitting them to continue telecast. However, the Bench dismissed the writ petition after calling for and perusing the files of the Home Ministry. The appeal filed by the Channel before the Division Bench of the High Court was also dismissed.
The Division Bench had held after perusing the files of the Home Ministry that there are "certain serious adverse reports by the Intelligence Bureau against M/s.Madhyamam Broadcasting Limited and its Managing Director." Against the said order, the channel had approached the Supreme Court, inter alia, contending that direction of the Division Bench to produce the files relating to the application of the channel for renewal of its license was passed behind its back.