Centre's report not conclusive but threat significant: HC on MediaOne ban

Kochi: Dismissing the Malayalam News Channel MediaOne's appeal against the Centre's ban on its broadcasting, the Kerala High Court observed that the Centre submitted report is not conclusive on the nature and gravity of threats the channel poses, but there is indication of its impact on the public order and security of the state.

"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 observed.

The division bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly upheld the Single bench order defending the Central government's decision not to give clearance for the uplinking and downlinking of MediaOne news channel based on unspecified security threat to the nation.

In the order, the bench admitted the lack of details on the security reasons in the files submitted by the Centre, but its decision to uphold the Centre's claim was on certain aspects that the court apprehends will have an impact on both the public order and the national security.

The Court considered the Centre's apprehension that Madhyamam Broadcasting Ltd's linkage with undesirable forces could pose threats to security

"There are certain serious adverse reports by the Intelligence Bureau against Madhyamam Broadcasting Ltd and its Managing Director," 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 said.

"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 said.

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.