“National Security claims cannot be made out of thin air,” Supreme Court on telecast ban of MediaOne on security grounds

Today, the Supreme Court of India was hearing a plea against the Kerala High Court’s order that upheld the decision of the Centre to ban telecast of Malayalam News channel MediaOne on security grounds. The petition was filed by the Madhyamam Broadcasting Ltd (MBL) (Company running the channel) in association with the revocation of security clearance for Chanel’s license. The bench hearing the plea, Chief Justice of India DY Chandrachud and Justice Hima Kohli, ruled against the telecast ban on MediaOne by the Union Government. Also, the bench turned down the argument of the Central government that channel’s certain broadcasts affect the National Security. The Supreme Court bench further stated that “National Security claims cannot be made out of thin air, there must be material facts backing it.” The top Court also highlighted that “Some of the reports cited by IB are that minorities favoring reports were telecast, there was critique of UAPA, NRC, CAA and criticism of judiciary and executive…such reports are just inference of what is available in the public domain. There was nothing to show terrorist links.”

During the hearing, the top Court bench criticized the High Court’s approach to take a decision on the basis of a sealed cover note submitted by the Ministry of Home Affairs. The Apex Court stated that “The sealed cover procedure adopted has rendered the rights of the petitioner as a dry parchment and the procedural guarantees to the petitioners have been rendered otiose. Sealed cover has curbed the right to fair and reasonable proceedings leaving appellants in the dark to fight out the case.” The bench also highlighted that the procedure of sealed cover documents or notes have affected the natural and open justice. The top Court then introduced an alternative for sealed cover notes that is ‘Public Interest Immunity Claim Procedure’. Moreover, during the hearing, the bench also illustrated that “The mere involvement of issues concerning national security would not preclude the state’s duty to act fairly. If the state discards its duty to act fairly, then it must be justified before the Court and the facts of the case. Firstly, the state must satisfy the court that national security concerns are involved.”

Along with this, the Supreme Court also put light upon the argument that was linking MediaOne with Jamaat-e-Islamic Hind (JEIH). They stated that “Allegation that MediaOne is linked to JEIH is fallacious and JEIH is not a banned organization. No material to show that MediaOne office holders are shareholders of JEIH.” Lastly, the appeals mentioned by MBL and other appellants were allowed and ordered the Ministry of Information and Broadcasting to renew the license within four weeks. 

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