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'Critical views can't be termed anti-establishment': SC cancels channel ban
MediaOne case: Chief Justice of India DY Chandrachud-led bench said the Centre can't raise national security claims out of thin air to deny people their rights.
The Supreme Court on Wednesday quashed the Centre's refusal to grant security clearance to Malayalam news channel MediaOne and pulled up the Union Home Ministry for raising national security claim out of 'thin air'. Chief Justice of India DY Chandrachud-led bench said critical views of a media organisation can't be termed anti-establishment.
The CJI-led bench said the Centre can't claim absolute immunity against investigative reports when such reports impact the rights of people and entities. "National security can't be raised to deny people their rights...it was raised by the MHA in a cavalier matter in the case," the bench noted.
Read | Centre suspends transmission of Malayalam news channel MediaOne
The State can't impose unreasonable restrictions on the press as it would have a "chilling effect" on free press and freedom of the press, the Apex Court noted. "Press has a duty to speak truth to power," the bench said.
"The critical views of the channel MediaOne on policies of the government cannot be termed anti-establishment. The use of such a terminology in itself represents an expectation that the press must support the establishment," the Supreme Court said.
Read | Can’t disclose reasons for seeking ban on MediaOne: Centre
What is the MediaOne channel ban case?
In 2020, MediaOne TV was banned for 48 hours after the I&B ministry objected to its coverage of Delhi violence and said it violated the provisions of the Cable Television Network Rules 1994.
In 2022, the channel was taken off air as its license was not renewed. The government cited 'security' concerns but did not reveal any details. Many of the investors of the channel are believed to be members of the Kerala chapter of Jamaat-e-Islami, which could be the reason for the ban, reports said.
The channel approached the high court which deferred the operation of the ministry's ban order. In February 2022, a single-judge upheld the decision of the ministry. It said that some material was handed over to the court in a sealed cover. Those material prove that there is a sufficient reason for the ban.
A division bench also upheld the ban following which the channel approached the Supreme Cour which stayed the ban last year allowing the channel to resume its operation.
The Supreme Court on Wednesday cancelled the ban and also criticised the practice of submitting information to the court in sealed cover. "Sealed cover procedure infringes the principles of natural justice and open justice," the top court noted.
