KOCHI: The Kerala High Court on Tuesday directed the Centre to make available the files relating to the denial of security clearance and revocation of the broadcasting licence of Media One TV channel by February 7. The court also extended till February 7 its interim order deferring the implementation of the Union Ministry of Information and Broadcasting (MIB)'s order revoking the licence of the TV channel.
Justice N Nagaresh issued the order on the petition filed by Madhyamam Broadcasting Limited, Kozhikode, which owns the channel, seeking to quash the order.
S Manu, Assistant Solicitor General, contended the MHA had denied the security clearance based on various intelligence inputs, which were sensitive and secret. Therefore, as a matter of policy and in the interest of national security, the MHA could not disclose the reasons for the denial of security clearance. The channel's licence had been rescinded after due application of the relevant aspects of the breach of security clearance. He also pointed out that even for the renewal of the licences, security clearance from the MHA was mandatory.
The Information and Broadcasting Ministry had followed scrupulously all the procedures before taking a final call on the issue, he said. Moreover, the period of the licence of the channel has expired. Hence, the ASG sought to vacate the interim order as the extension of it would defeat the very purpose of the guidelines. He also submitted that all the files relating to the decision to revoke the licence would be produced before the court.
S Sreekumar, counsel for the petitioner, argued that the procedure adopted by the central government to revoke the licence was unheard of and illegal, violating the freedom of the press. The channel had been granted permission in 2011 for uplinking and delinking programmes after getting security clearance from the Union Ministry of Home Affairs (MHA). The security clearance was required only when a new channel was started, he said. The company had applied for renewal of the licence after the expiry of the 10-year licence period. The guidelines on the uplinking and delinking programmes did not stipulate that a fresh security clearance needs to be obtained when the licence was renewed. He pointed out that though the Centre had said that the MHA had denied a security clearance, it could not say what was the security breach committed by the channel. The channel had not caused any hindrance or interfered with the security of the nation, he said.