Kochi: The Kerala High Court on Tuesday upheld the decision of the Ministry of Information and Broadcasting to revoke the licence of Malayalam news channel MediaOne - Madhyamam Broadcasting Limited from the list of permitted news channels citing security reasons..
The Court dismissed petitions filed by the 'Media One' channel against the government order.
While dismissing the writ petition challenging the order of the Ministry of Information and Broadcasting, the Kerala High Court made it clear that principles of natural justice and interference by court in cases of national security have a very limited role. The need for citizens to live in a secured nation has made national security the most significant function of any state.
Passing the orders Justice A.N. Nagaresh said he has gone through the files. "I find that the ministry has called for report from various intelligence agencies. Based on those inputs, it was found that security clearance should not be renewed. There are inputs which justify the decision. Therefore, I am dismissing the petition," said the judge.
Following the judgement by a single bench, the channel authorities sought two days' time to file a review petition in the Division bench, which was denied.
While rejecting the pleas of the petitioner to keep the judgement in abeyance for two days, the Court replied, "I cannot extend it even for an hour."
The TV channel, however, has decided to go ahead with the appeal.
The committee of officers noted that the adverse inputs given by the intelligence wing against the company are serious in nature. This court finds that the recommendation of the council is justified by supporting materials. This court is not inclined to interfere with the denial of renewal of the petitioner's license. They fail and are accordingly dismissed. The contention of the petitioner cannot be accepted. The right under Article 19 (1) has certain exceptions which empower the state to impose reasonable restrictions.
"Broadcasting in India is considered an integral part of the freedom of speech and expression. Uplinking and downlinking of channels in India are governed by the policy guidelines of the Information and Broadcasting ministry. It is clear from the policy guidelines that at the time of considering the renewal of application of the existing holders certain terms and conditions are applicable. In the case of renewal applications for downlinking also, security clearance is mandatory. The contention of the petitioners that security clearance is a one-time affair cannot be accepted," ruled the Court in its order.
The channel was taken off air on January 31 following which it approached the High Court, which decided to defer the Ministry's order and extended it. This morning, it dismissed the channel's arguements.
But the TV channel' counsel told the court that the national security cannot be a reason to cancel the license without prior notice.
Earlier, the court had insisted that the reason for revoking the license should be revealed and the files regarding the case to be produced before it and posted the case for Monday.
