Nishka Srinivas Veluvali
Published On: February 08, 2022 at 18:09 IST
The Kerala High Court upheld the Union Ministry of Information and Broadcasting’s Order to repeal the license granted to the Malayalam News Channel MediaOne to broadcast.
The Court on Tuesday, 8th February 2022, Quashed the Writ Petition questioning the Union’s Order filed by Maadhyamam Broadcasting Ltd (the company operating the channel).
Justice N. Nagaresh ruled that the “Intelligence Inputs” submitted by the Union Ministry of Home Affairs rationalize the denial for not giving clearance to the channel.
“Going through the files, I find that the Ministry has called for Intelligence Inputs. Based on the Intelligence Inputs, the committee of officers has found that Security clearance should not be given. The Ministry has decided to accept the finding of the Committee of Officers. There are inputs justifying the denial of Security clearance. Therefore, I am dismissing the Writ Petition”, the Court held.
At the same time, Justice Nagaresh also dismissed the Petitioner’s reference of the Supreme Court’s Pegasus Order stating that it is not “worthwhile” as the relied Case speaks about the Right to Privacy.
He further referred to the Supreme Court’ s 2019 Judgement in the Case of Digicable India Pvt Ltd which ruled that there is no Right to a prior hearing when clearance is denied on grounds of national security was more relevant in deciding the Case.
The Court thus Ordered that, “This Court is not inclined to interfere with the denial of renewal of the Petitioner’s license. The Writ Petition fails and is accordingly dismissed”.
Although, Senior Advocate Sreekumar, appearing for the channel sought that the Order should be reserved for 2 days so that they could file an Appeal but the Court denied the request.
Justice Nagaresh asserted that the Court totally understands the situation of the company and their employees, but still cannot extend the Interim Order even for an hour.
The Court in the previous week had asked for the files from the Union Ministry which indicted Security reasons behind the revocation of the channel’s license.
The Plea was filed last week following the Ministry’s Order of Suspension for the channel’s telecast. However, the Court in the primary hearings granted the channel an Interim Relief allowing it to telecast, which was valid till Tuesday.
The Channel’s Counsel argued that they did not showcase any Anti – National news or activity and hence sought for the Order of the Ministry to be taken down.
However, the Union Ministry argued that the channel’s license had been revoked for Security reasons which cannot be cited openly in the public.