The decision of the Ministry of Information and Broadcasting to revoke the telecast licence issued to Media One, a Malayalam news channel owned by the Jamaat-e-Islami, was upheld by the Division Bench of Kerala High Court on Wednesday.
The Bench consisting of Chief Justice S Manikumar and Justice Shaji P Chaly dismissed a series of writ petitions submitted by the channel management, staff and Kerala Union of Working Journalists and stated that there were ‘clear, significant indications impacting public order and security’ in the contents aired by the channel and hence the Ministry of Information and Broadcasting, the licensing authority, was right in rejecting the appeal by the channel for renewing the license for up-linking and downlinking the programmes.
The channel had challenged an order issued by Justice Nagresh who had dismissed the petition filed by the management citing security reports filed by the Union Home Ministry to the Information and Broadcasting Ministry.
Though the licensing authority for TV channels is the Information and Broadcasting Ministry, it follows the reports submitted by the Home Ministry to grant and renew licenses for telecasting.
The Division Bench after a perusal of the documents submitted by the Ministry of Information and Broadcasting in sealed covers found that there were clear and significant indications impacting the public order and security of the State.
“The company running the channel has some links with certain undesirable forces which is stated to be a security threat. There are serious adverse reports by the Intelligence Bureau against the channel and its managing director.
Secgtions 19 and 20 of the Cable TV Networks (Regulation) Act 1995enable the Centre to do the needful to protect the larger interest of the nation and the citizens, rather than protecting the interests of a telecasting company. The company failed to establish any jurisdictional error or other legal infirmities in the judgment of the single bench judge warranting our interference in an intra court appeal,” said the verdict.
The channel management had told the court that under the camouflage of national security, the Ministry has prohibited the broadcasting of a news channel that has been in existence for more than a decade.
The channel’s telecasting was suspended by the Ministry of Information and Broadcasting citing security concerns. Though the Channel’s license had lapsed in September 2021, it was allowed to operate pending renewal of license.
The MIB, based on reports received from Home Ministry had informed the channel that its license was being revoked due to security related issues and thus the channel went off the air.
The management approached the Kerala High Court on the same day and the single bench judge kept the order from MIB in abeyance and asked the latter to provide the details that necessitated the revoking of license to the channel and allowed the operation of the channel.
The permission to broadcast was extended twice by the judge who was provided with the reports by the Home Ministry in sealed cover.
Justice Nagresh, the single bench judge said in his order that the licensing authority was well within its right to revoke the license based on the Home Ministry’s input.
This order was challenged by the channel management by filing a writ petition that was heard by the Division Bench. “It can be seen that the Apex Court, while emphasizing the relevance and importance of the freedom of Press, makes it abundantly clear that the restrictions contained under Articles 19(3) and (4) of Constitution of India dealing with public order include the security of the State," the Court said.
The Court further said that the government cannot ordinarily tinker with the freedom of the press "since the principles of democracy and rule of law prevailing in the country is largely dependent upon the freedom of speech enjoyed by the press."