LIVE UPDATES- MediaOne Channel's Plea Challenging Centre's Telecast Ban: Supreme Court Hearing

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15 March 2022 2:51 PM IST

  • LIVE UPDATES- MediaOne Channels Plea Challenging Centres 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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    Live Updates

    • 15 March 2022 2:59 PM IST

      ASG Natraj: They have to tender unconditional apology.

      Dave objects.

      DYC J: Ultimately criticism of judgement or order is part of citizen's right. Let us see the files.

    • 15 March 2022 2:59 PM IST

      DYC J: Considering the jurisprudence of "sealed cover", Mr Dave do you mind if we see the files? Let us see the files.

      ASG Nataraj: There was something on YouTube channel criticising the Ld Single judge. The institution is itself in danger.

    • 15 March 2022 2:59 PM IST

      Dave refers to the judgement related to Bhubhishyar Bhoot. 6 weeks we are shut down only because it is run by people belonging to minority community.

    • 15 March 2022 2:59 PM IST

      Dave: They say categorically & further say that details are completely missing & not available in files before us.

      ASG Nataraj: What we can do is file affidavit & produce the files. We will not shy away from filing the files.

    • 15 March 2022 2:58 PM IST

      ASG Nataraj: The files were produced before the court.

      DYC J: The DB records that too many details are not in the files, this is the DANGER.

    • 15 March 2022 2:58 PM IST

      DYC J: Mr Raju what did you say before the high Court? Their business is being shut down. Disclose the files to them. They are running a channel. What is the difficulty to produce the files?

      ASG: My man is already there in court with files.

    • 15 March 2022 2:58 PM IST

      Sr Adv Rakesh Dwivedi: Several kinds of such matters are pending and im appearing in a matter before the Delhi High Court. I insist on this matter being heard.

      DYC J: Just give us some moment.

      Judges concurring amongst themselves.

    • 15 March 2022 2:57 PM IST

      Dave: We assume on this side of the bar that Justice Chandrachud's is extremely proficient.

      ASG: I will put everything on affidavit. The relief that he is acting is in the nature for mandatory relief. Please give me some time.

    • 15 March 2022 2:57 PM IST

      Dave: Its incorrect on plain reading of the guidelines that its not required. We didn't request MHA for security clearance.

      No media publication or channel in this county will say that this will be accepted as principle of law.

    • 15 March 2022 2:57 PM IST

      ASG Raju: I don't have the IA of 3558.

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