The Supreme Court today set aside the decision of the Central government refusing to renew broadcasting license of Malayalam news channel MediaOne citing national security concerns saying that, "Claims of national security being affected cannot be made in thin air".

A bench of Chief Justice of India DY Chandrachud and Justice Hima Kohli turned down the argument of the Central government that certain broadcasts by the channel affected national security.

The Court said "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".

The bench said that "We hold national security claims cannot be made on the basis of thin air. It is seen that none of the material is against national security or threatens public order," the judgment said.

The court also said "The Central government has raised national security concerns in a cavalier manner and there was nothing to submit that reasons divulged to threaten national security."

"National security is being used to deny citizen their rights which cannot be permitted under law," the judgment further said.

The court further said 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 court said that "To conclude that MBL has an anti-establishment stand IB has relied on programs and remarks on NRC, CAA, UAPA and judiciary's verdicts. Independent press is crucial for responsible functioning of the society. press has the duty to speak truth to power. Critical views of media one cannot be termed anti establishment and use of this term means that press must support the establishment".

Case Details:-

Civil Appeal No. 8129 of 2022
Madhyamam Broadcasting Limited …Appellant
Versus
Union of India & Ors. …Respondents

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