The Kerala High Court on Wednesday, March 2, upheld the Union government’s ban on Malayalam news channel MediaOne TV by denying it security clearance, saying certain aspects mentioned in the intelligence reports about the channel had a bearing on public order on national security. A bench of Chief Justice S Manikumar and Justice Shaji P Chaly said the single judge was earlier "right" in declining to interfere with the Union government’s January 31 decision to ban the telecast of MediaOne TV. The court, however, did not elaborate on this and said that even though too many details are not available in the files produced before it, it was of the view that there are "certain aspects" affecting the public order or the security of the state.
The court said it went through the files placed before it by the Ministry of Home Affairs, and found that in relation to the application for uplinking and downlinking permissions for 'MediaOne Life' and 'MediaOne Global', "certain aspects relating to the security of the state are mentioned to the effect that Madhyamam Broadcasting Ltd has some linkages with certain undesirable forces, which is stated to be a security threat."
Likewise, in relation to the application for the renewal of the uplinking and downlinking of MediaOne news channel, the court found that "there are certain serious adverse reports by the Intelligence Bureau against Madhyamam Broadcasting Ltd and its Managing Director."
"It is true that the nature, impact, gravity and depth of the issue is not discernible from the files. But, at the same time, there are clear and significant indications impacting the public order and security of the state," the court said.
"Since it is a confidential and sensitive file maintained by the Ministry of Home Affairs, Union of India, we are not expressing anything further in the interest of national security, public order and other aspects concerning the administration of the nation," the bench added.
The High Court said that having gone through the order of the single judge bench, it also believed that the conclusion arrived at by the single judge bench was based on inputs in the files that are of serious nature. The inputs, the HC said, fall under the security ratio parameters and therefore, there is "no illegality, arbitrariness or other legal infirmities so as to interfere with the declining of permission/registration."
"Taking into account the above vital aspects, including the contents of the confidential files produced before us, we are of the view that the single judge was right in declining interference with the order passed by the Union Government refusing renewal of uplinking and downlinking permission to Madhyamam Broadcasting Limited for telecast operations through MediaOne TV," the bench held.
With the above findings, the court dismissed the appeals by Madhyamam, some of its employees — including its Editor — and the Kerala Union of Working Journalists (KUWJ) against the Union government’s decision and the single judge's order of February 8.
Madhyamam Broadcasting Ltd, which operates MediaOne, had claimed in its appeal that it has been victimised for fair and genuine news reporting. It had contended that the reason — of threat to national security — cited by the Union to justify the ban, was only a "ruse" and "without any basis." It had also argued that no fresh security clearance was required under the relevant provisions of the uplinking and downlinking guidelines for renewal of licence.
Senior advocate Jaju Babu, who represented the channel's editor, other employees and KUWJ, had argued before the court that the ban on the channel was imposed without hearing it first as is required under the relevant rules.
Babu had also contended before the bench that freedom of press, freedom of speech and expression and the right to livelihood, provided under the Constitution, have been violated by the Union government's decision of January 31.
The Union government, represented by Assistant Solicitor General Manu S, had argued that where national security was concerned, reasons for denial of security clearance need not be provided and principles of natural justice — like giving a hearing — do not apply. It had also told the bench that as per the uplinking and downlinking guidelines, security clearance was mandatory even for renewal of licence.
The single judge, in the February 8 order, had said the denial of security clearance to MediaOne by the MHA was "justified" based on the inputs received from intelligence agencies.
The court had also said that according to the downlinking guidelines, even at the time of considering renewal of permission, security clearance was mandatory.
The bench agreed with the findings of the single judge and the stand taken by the Union government in the matter. This was not the first time the channel has faced such a bar on its operation.
MediaOne, along with another Malayalam news channel Asianet, was briefly suspended for 48 hours over their coverage of communal violence in Delhi in 2020, with the official orders saying they covered the violence in a manner that "highlighted the attack on places of worship and siding towards a particular community".
The Union Government had on January 31 this year barred the telecast of the Malayalam news channel citing "security reasons."
