KOCHI: The Kerala High Court on Wednesday dismissed the appeal filed by Media One TV channel against the single judge's judgment upholding the order of the Ministry of Information and Broadcasting (MIB) revoking the license of the channel and removing the name of the channel from the list of the permitted channel. With this order, the ban on Media One TV will continue. "There are certain aspects affecting the public order or the security of the State on the basis of the report of the Intelligence Bureau and other investigating agencies," observed the Division Bench.
The MIB issued an order revoking the permission granted to Madhyamam Broadcasting Limited for uplinking and downlinking a 'News and Current Affairs TV Channel -- 'Media One' citing national security issues. "We have gone through the files extensively and insofar as the files relating to uplinking/downlinking of ‘Media One Life' and 'Media One Global are concerned, certain aspects relating to the security of the State have mentioned to the effect that Madhyamam Broadcasting Limited has 'some linkages with certain undesirable forces', which is stated to be a security threat. It is in spite of the same that the uplinking and downlinking was permitted to Media One TV," observed the Division Bench.
The eminent domain of the Government as regards national interest will always remain with the Government itself irrespective of the contents of the guidelines issued for the purpose to regulate and control the network operations of the registered establishments. The security of the State and the public order is very vital for the fair and smooth functioning of the nation and therefore, significance and importance shall be provided to the interests of the citizens of this country, rather than other aspects.
"Taking into account the vital aspects, including the contents of the confidential files produced before us, we are of the view that the Single Judge was right in declining interference with the order passed by the Union Government refusing renewal of uplinking and downlinking permission to Madhyamam Broadcasting Limited for telecast operations through Media One TV," observed the court.
The application filed seeking permission for the renewal of the uplinking and downlinking of 'Media one TV' was considered in the year 2021 and wherein also, "we find that there are certain serious adverse reports by the Intelligence Bureau against Madhyamam Broadcasting Limited and its Managing Director. It is true that the nature, impact, gravity, and depth of the issue are not discernible from the files. But, at the same time, there are clear and significant indications impacting the public order and security of the State."
Since it is a confidential and sensitive file maintained by the Ministry of Home Affairs, "we are not expressing anything further in the interest of national security, public order and other aspects concerning the administration of the nation."
Additional Solicitor General of India, Aman Lekhi submitted that when the files disclose certain issues with respect to the security of the State, the Government is at liberty to decline to renew the permission granted, without disclosing the complete reasons for the non-renewal.
Supreme Court lawyer Dushyanth Dave, counsel for the petitioner pointed out that merely by using the high-sounding word 'national security', the Union Government is not entitled to suppress the freedom of speech and expression guaranteed under Article 19(2) of the Constitution of India.