'National security' can't be a ruse to curb rights: MediaOne challenges HC order

Kochi: MediaOne, the popular Malayalam News channel, which has ceased broadcasting after a single bench of Kerala High Court upheld the Central government's arguments over security reasons for not renewing its licence, moved a Division Bench of the High Court against the order.

Madhyamam Broadcasting Limited, the parent company of MediaOne channel, filed an appeal challenging the single bench order before the Division Bench, which is expected to take up the case on Thursday.

Single-judge Justice N Nagaresh, who pronounced the order that the security reasons the Ministry of Home Affairs had submitted to ban the MediaOne broadcasting standing, however, did not read out what are the security reasons and how do that affect the national security.

The court found that the material that was submitted by the Ministry as reports from the different intelligence agencies in a sealed cover has been enough to deny the security clearance to the channel.

When the counsel representing the channel demanded that the security reasons should be disclosed before the court, the Centre argued the party did have no right to insist on observing natural justice principles in a situation involving national security.

The management filed appeal, challenging the single bench order, alleged dubious agenda motivated by some ill-will for the haste suspension of the licence by the Centre.

"Being a news channel, it may not be possible to appease the state every time, and it is (the) strong feeling of the appellant that it is victimised for its fair and genuine news reporting," the appeal stated.

The appeal also described how the past governments were responded to fair criticism, but the new rule choked free speech and free press.

"Yesteryears, the government was tolerant of fair criticism, but the recent trend is alarming as it chokes the freedom of press and right to speech. Herein, after, no news channel will dare to broadcast any programme against the sweet will of the government as it may not be inconvenient for the government to forbid the channel by managing intelligence reports and other materials," the plea said.

It further contended that judicial approval of the illegal act of the government would injure the constitution, and it also would stifle the dogma of fundamental rights, which will, after this, be a qualified right that could be easily curtailed at the whims of the government.

Senior Advocate Dushyant Dave and S Sreekumar briefed by advocate Haris Beeran will appear for the appellant-channel.