The Kerala high court on Wednesday directed the central government to produce all files relating to revocation of broadcasting licence of Malayalam news channel ‘Mediaone’ by February 7 and extended an interim stay on the information and broadcasting (I&B) ministry’s decision till then.
While hearing a petition filed by the channel questioning sudden revocation of the broadcasting licence on Jan 31, assistant solicitor general S Manu, who appeared for the union government, said the ministry of home affairs (MHA) denied security clearance based on intelligence inputs which are sensitive and secret in nature.
He said as a matter of policy and interest of the national security that confidential information cannot be disclosed. He sought the interim stay be vacated saying it will defeat the very purpose of the guidelines of the I&B ministry. He said for renewal of licence security clearance from the MHA was mandatory and the channel failed to get it.
But the counsel for the channel contended that the ministry’s order was illegal and violated freedom of speech guaranteed under the constitution. He said the channel was given permission in 2011 for uplinking and downlinking programmes after getting security clearance from the MHA.
But assistant solicitor general Manu said the MHA clearance was mandatory while renewing licence. At this point, the petitioner’s counsel said the I&B ministry even failed to cite what security breach was committed by the channel. The channel never caused any hindrance or interfered with security issues of the nation.
Manu then reiterated that confidential information cannot be disclosed. But the single bench of Justice N Nagaresh said the petitioner has every right to know reasons for revoking licence and directed the centre to make available all files relating to the revocation of licence. The court also made it clear that interim stay will be in force till next hearing on Feb 7.
“Why was security clearance denied? What is your (Centre) objection? Any issue with any of the directors or news broadcast by them?” the court asked. The counsel for the centre then said after denial of security clearance by the MHA, the I&B Ministry had issued a show cause notice to the channel.
“What is the point of show cause notice if you will not give the reasons?” the court asked to which the Centre’s lawyer replied it was not bound to give reasons as per the judgement of the apex court. But the court said it cannot agree with this contention.
The channel, which is owned by a group affiliated to Jamat-e-Islami, was barred for 48 hours in 2020 on charges of violating the Cable Television Networks Act 1998, while reporting communal riots in northeast Delhi. It was also critical about the arrest of journalist Siddiq Kappan when he went to report Hathras rape case.
Channel’s managing director C Dawood later said the channel was targeted for being critical of the BJP and RSS policies. “We have been covering issues of the marginalised and oppressed extensively. This included protest during the CAA and farmers’ strike. We feel it is our duty to give voice to voiceless so the union government wants to teach us a lesson,” he said in Kozhikode.
