LIVE UPDATES- MediaOne Channel's Plea Challenging Centre's Telecast Ban: Supreme Court Hearing
The Supreme Court shall hear today the special leave petition filed by Malayalam news channel MediaOne against the judgment of the Kerala High Court which upheld the Centre's decision to not renew its telecast license citing national security grounds. The bench comprising Justices DY Chandrachud, Surya Kant and Vikram Nath had issued notice on the matter (on 10 March), to consider...
The Supreme Court shall hear today the special leave petition filed by Malayalam news channel MediaOne against the judgment of the Kerala High Court which upheld the Centre's decision to not renew its telecast license citing national security grounds.
The bench comprising Justices DY Chandrachud, Surya Kant and Vikram Nath had issued notice on the matter (on 10 March), to consider the prayer for interim relief.
The bench had also asked the Centre to produce the relevant files (the files of the Home Ministry which raised national security concerns) on which the reliance was placed by the High Court.
MediaOne approached the Supreme Court on March 2, hours after a division bench of the Kerala High Court upheld the recent ban imposed on it by the Ministry of Information and Broadcasting. The channel contended that the exact reasons for the Centre's non-renewal of the license have not been revealed to them and the Court approved the decision on the basis of certain sealed cover files produced by the Ministry of Home Affairs, purportedly raising some national security concerns.
The petitioner further contended that the impugned judgment was patently illegal since Clauses 9 and 10 of the uplinking and downlinking guidelines make it abundantly clear that for the purpose of renewal of license, security clearance is not a factor to be considered.
During the previous hearing, Senior Advocate Mukul Rohatgi, appearing for the channel, submitted that there was no complaint against the channel during its ten years of its functioning. There is no requirement for security clearance at the time of renewal. Rohatgi took serious objection to the High Court Division Bench calling for the files in sealed cover after the judgment was reserved.
Senior Advocate Dushyant Dave, also appearing for the channel, submitted that it had over 2.5 crore viewers. Even as late as on 2019, the downlinking permission was granted to it.
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Sr Adv Hufeza Ahmadi refers to the judgement of Anuradha Bhasin Case: I have prepared a short note and I'll hand it over on the next date of hearing.
DYC J: Please give a copy to Mr Raju and Mr Nataraj also.
DYC J: Mr Dwivedi, Mr Ahmadi, we would want all of you to assist us. We'll hear you.
Sr Adv Dwivedi: I will assist your Lordships. Please appoint me as an amicus.
Dave: I don't want an amicus in my matter.
DYC J: So that's the procedure which we have to follow.
We have to find some way out Mr Raju.
DYC J: Few weeks ago, AG was appearing in our court & similar question came related to cross border security. He said that though I don't want the files to be perused but I have no problem with the counsel for the petitioner seeing the same.
DYC J: That issue is kept open. I was very particular when I had asked that question. Its not a case diary. There are cases where you don't want files to be seen. Child sexual abuse.
DYC J: We have protected your client's interest that you have no problem and then we have kept the issue open which will be resolved at the stage of final disposal.
Kant J: Renewal was not denied on the ground that license had expired.
ORDER CONTINUES
File shall be kept in court till the next date of hearing.
DYC J: But you allowed them to continue even after the term came to an end in September. Therefore it is very clear that there is denial of permission to continue broadcasting. You allowed them to continue even after September.
ASG Raju: Permission was granted for 10 years & expired in Sept 2021. It will not entail automatic removal.
ORDER
Issue as to whether the files should be produced is to be kept open before the petition is taken for final disposal. Counter affidavit to be filed before March 26, 2022.