Supreme Court lifts Centre's ban on MediaOne, rejects MHA's 'national security' argument
It believed non-disclosure of reasons for denial of security clearance by MHA and the disclosure only to the Court in a sealed cover has violated the principles of natural justice and the right to fair proceedings, leaving the company "in the dark to fight out".
FollowThe Supreme Court on Wednesday (April 5) ruled against the telecast ban imposed by the central government on Malayalam news channel MediaOne. The top court passed the order in a special leave petition filed by the company running the channel assailing the Kerala High Court's judgment of upholding the decision of the Ministry of Information and Broadcasting to not renew the broadcast license of the channel for want of security clearance from the Ministry of Home Affairs.
A bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli, directing the Ministry to issue renewal license to the channel within four weeks said, "There is no explanation on what weighed with the High Court in holding the decision is valid."Â
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It believed non-disclosure of reasons for denial of security clearance by MHA and the disclosure only to the Court in a sealed cover has violated the principles of natural justice and the right to fair proceedings, leaving the company "in the dark to fight out".
"The State is using the plea of national security to deny the rights of the citizens. This is incompatible with the rule of law," the bench said.
"The mere involvement of issues relating to national security will not allow the State to not act fairly. 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," the bench observed.
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