The Supreme Court on April 5, set aside Union government's decision not to renew broadcasting license of Malayalam news channel MediaOne on the ground on national security.
The bench led by Chief Justice of India DY Chandrachud held that national security claims cannot be made on the basis of thin air and furthermore the report of the government does not contain against national security or threatening to violate public order.
The Kerala High Court had refused to set aside the government's decision relying on documents filed in a sealed cover.
The SC held that the the procedure adopted by the government in not disclosing reasons for the has affected the rights of the channel to fight its case.
The judgment further notes that independent press is vital for a robust democracy, restriction of freedom of press will pose great dangers to democracy. Criticism of government's policies is by stretch be brought under restrictions on free speech.
The channel had moved top court challenging a Kerala High Court Division Bench judgment which had upheld the Central government's revocation of channel's license.
SC has held that court should adopt the practice of redacting confidential portions if they are given documents in a sealed cover and let the contesting party on its contents . It held "Sealed cover infringes principles of natural justice."
On January 2022, MediaOne channel was taken off air after the government did not renew its license for want of security clearance. The channel approached the Kerala High Court, a single judge of the HC upheld the decision of the Information and Broadcasting Ministry.
The single-judge's decision was appealed at the Division Bench of the Kerala High Court. The division bench upheld the single-judge's decision, prompting the channel to approach the Supreme Court.
On March 13, a bench of Justices DY Chandrachud stayed the ban on the channel and ordered that it can resume operations in the same manner in which it was being operated before revocation of security clearance.
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