Kerala HC upholds Centre’s ban order on Malayalam news channel

Following the Tuesday’s decision, editor Pramod Raman came on the air and said the channel will “continue its fight to uphold the freedom of the press”. Later, the channel went off the air.

Upholding the Union ministry of information and broadcasting (I&B) order which cancelled the licence granted to Malayalam news channel, MediaOne, the Kerala High Court on Tuesday dismissed the petition to give security clearance to the channel.

The channel, owned by a group affiliated to Jamat-e-Islami, was barred in 2020 also for 2 days for violating the Cable Television Networks Act 1998, while reporting communal riots in north-east Delhi. (ANI)

The writ petition was filed by Madhyamam Broadcasting Ltd, the firm which runs the channel.

The channel, owned by a group affiliated to Jamat-e-Islami, was barred in 2020 also for 2 days for violating the Cable Television Networks Act 1998, while reporting communal riots in north-east Delhi.

Following the Tuesday’s decision, editor Pramod Raman came on the air and said the channel will “continue its fight to uphold the freedom of the press”. Later, the channel went off the air.

“This court is not inclined to interfere with the denial of renewal of petitioner’s licence. The writ petition is accordingly dismissed,” the single bench of justice Nagaresh observed.

At this point, counsel representing the channel, S Sreekumar, requested that the judgement be kept in abeyance for two days to file an appeal but the court did not accept it. “The court understands the situation of the company and its employees, but it cannot extend it even for an hour,” the court stated.

“Based on inputs from several intelligence agencies, the ministry of home affairs (MHA) had formed a committee, which had found that security clearance for the channel should not be renewed. On checking the said details, the court found that these inputs justify the MHA’s decision,” the court said.

It is important to note that the MHA has so far refused to respond to the case. Home minister Amit Shah had assured Congress MPs in Lok Sabha that his ministry will look into their concerns.

The MHA did not respond to HT’s query on the issue.

The counsel pointed out the recent judgments on Pegasus and Digicable Networks, however, the court said these cases can’t be clubbed with the present one.

Last year, the Supreme Court (SC) while hearing 12 petitions questioning unauthorised surveillance on several activists, journalists and opposition leaders using Israeli spyware, Pegasus, had constituted a three-member panel to inquire the matter and submit a report expeditiously.

The court said it had taken the 2019 SC ruling on Digicable Network vs Indian Union as a precedence in the case, where it was held that in matters involving television licences, petitioners have no right to prior hearing if permission is denied on grounds of national security.

Last week, the court had stayed the bar on transmission and directed the Union government to produce all files relating to the revocation of the broadcasting licence. Though, assistant solicitor general (ASG) S Manu, who appeared for the Union government said that sensitive information regarding national security cannot be disclosed in the open court, however, the counsel was asked to submit the details in a sealed cover.

The 10-year broadcasting licence of the channel expired on September 29, 2021 and the company applied for its renewal in last May. On December 29, 2021 the MHA denied security clearance to it and subsequently the information and broadcast (I&B) ministry suspended its broadcasting. But the channel moved the high court last week which stayed the decision and asked the Centre to submit all the files by February 7. After going through them, the court delivered its verdict on February 8.

Previously, the channel was also critical of the arrest of Malayalam journalist Siddique Kappan when he went to report Hathras rape case. But Uttar Pradesh police had alleged that Kappan and two others were planning to incite violence in the state. The managing director of the channel C Dawood had later said that the channel was targeted for being critical of the Bharatiya Janata Party (BJP) and Rashtriya Swayamsevak Sangh (RSS) policies.

The MediaOne channel started airing its programmes in 2011. In 2016, its proposals for two additional channels, MediaOne Life and MediaOne Global, and induction of two more directors were turned down by the I&B ministry after the MHA advice. The group also runs a weekly Malayalam daily by the name Madhyamam. Headquartered in Kozhikode in north Kerala, Madhyamam Broadcasting Co Ltd has six directors.