MediaOne Ban: SC Orders the Central Government to Present Relied Material

Mar10,2022 #MediaOne #SUPREME COURT
Media One Law Insider

Tanya Gupta

Published on: March 10, 2022 at 17:58 IST

In the Case of Madhyamam Vs. Union of India, the Apex Court on the Basis of Appeal filed by the Malayalam News Channel MediaOne issued Notice to the Central Government.

The Central Government was ordered by the Supreme Court Bench of Justices Surya Kant, DY Chandrachud, and Vikram Nath to Present all the Relevant Material that they are Relying upon before the Court and the Case will be Heard on March 15.

A Notice on Plea for Interim Relief has also been issued the Court,

“Issue Notice on both Special Leave Petition and Interim Relief. Returnable on March 15. 2022. Liberty to serve the Central Agency. Respondents shall Produce all the Relevant Files on Reliance has been placed by the Court on next Date of Listing.”

The Kerala High Court Judgement which Upheld the Order of the Central Government’s revocation was challenged by MediaOne’s Appeal.

A Single-Judge’s decision of Rejecting the Channel’s Plea was Upheld by a Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly.

The Decision of the Ministry of Information and Broadcasting (I&B Ministry) to Annul the Channel’s Licence was Upheld by a Single-Judge, Justice N Nagaresh on February 8.

The Information handed over to the Court in a Sealed Cover, according to the Court, clearly indicates that the Ministry of Home Affairs (MHA) had ample reasons for Denying Security Clearance to the Channel, consequently Legitimizing the Ban.

The Appeal before the Division Bench purported that the Central Government’s desperation to revoke the Channel’s Licence indicated the Presence of some Pre-Scripted Motive stimulated by Ill-Will towards the Channel.

On January 5, 2022, a Notice was issued to Madhyamam Broadcasting Limited, Channel’s Owner, stating that the Government can Cancel Licenses based on Public Order and National Security, and to state why their License should not be Cancelled considering they have not obtained Security Clearances from the Ministry of Home Affairs.

Although, they Declined to Specify the Ministry of Home Affairs’ Concerns, arguing that a Party cannot fixate on Natural Justice Principles in a scenario involving National Security.

In a Similar Case in 2020, another Malayalam Channel Asianet, was Obstructed for 48 hours for Covering the Delhi Riots which Officials claim were covered in a way that “Highlighted the Attack on Places of Worship and sliding towards a Particular Community.”

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