SC lifts Centre’s ban on MediaOne channel, says free press essential

India’s top court on Wednesday set aside the Centre’s refusal to grant security clearance to Malayalam news channel MediaOne, ruling that criticism of the government cannot be a ground to cancel the license of a media or television channel. The Supreme Court was hearing the news channel’s plea against the Kerala High Court order which had upheld the Centre’s decision to ban its telecast on security grounds.

Pulling up the Ministry of Home Affairs for invoking national security, a bench headed by Chief Justice DY Chandrachud said, “States are using the plea of national security to deprive citizens of their rights. This is against the rule of law.” is incompatible with. There cannot be claims of national security.” be made of thin air.” The court also said that the MHA’s non-disclosure of reasons for denial of security clearance and only disclosing it to the court in a “sealed cover” violates the principles of natural justice and the right to fair trial , leaving the company “in the dark. To fight.”

Laying down broad guidelines for courts to adopt ‘sealed cover’ procedure while hearing matters relating to national security, the bench said, “Sealed cover procedure cannot be invoked to cover damages which are Public immunity cannot be taken away from proceedings…Principles of natural justice can be.Can be excluded when the interest of national security is overwhelming.But there cannot be complete exemption from disclosure…Sealed cover The process violates the principles of natural justice and open justice.”

“The channel’s critical views against government policies cannot be termed as anti-authoritarian. This view holds that the press should always support the government. A free press is essential for a strong democracy. Criticism of government policies Can’t be done.” “Any ground under Article 19(2) which may restrict free speech can be extended,” the court said. What the top court said: The Kerala High Court upheld the Centre’s decision to ban ‘MediaOne’ broadcast on security grounds. A free press is essential to a strong democracy. MediaOne channel’s critical views against the policies of the government cannot be termed as anti-authoritarian. Claims of national security cannot be made in the air, it should be supported by physical facts.