Lifting ban on Malayalam news channel, SC reminds Centre of independent press; says law won’t allow use of nat’l security to deny citizens their rights
A bench of Justice Hima Kohli and CJI D Y Chandrachud passed the order, quashing the January 31 ban on MediaOne
The Supreme Court on Wednesday quashed the Centre’s telecast ban on Malayalam news channel MediaOne and pulled up the Ministry of Home Affairs (MHA) for raising national security claims in “thin air” without facts. Observing that the State can’t impose unreasonable restrictions on press as it would have a chilling effect on press freedom, a bench headed by Chief Justice DY Chandrachud set aside the Kerala High Court order that had upheld the Centre’s decision to ban the channel’s telecast on security grounds.
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The bench, also comprising Justice Hima Kohli, said the alleged link of the channel’s shareholders to Jamaat-e-Islami Hind is not a legitimate ground to restrict the rights of the channel. “Some of the reports cited by IB are that minorities favoring reports were telecast, there was critique of UAPA, NRC, CAA and criticism of judiciary and executive... such reports are just inference of what is available in the public domain. There was nothing to show terrorist links,” Bar and Bench quoted the SC as saying.
Also Read: Sealed cover reports violate principles of natural justice, open justice: Supreme Court
“National security is being used to deny citizen their rights which cannot be permitted under law,” it added. The bench said that non-renewal of license for a channel is a restriction on the right to freedom of speech. “Independent press is crucial for responsible functioning of the society. Press has the duty to speak truth to power. Critical views of MediaOne cannot be termed anti-establishment and use of this term means that press must support the establishment,” it added. Non-disclosure of reasons for denial of security reasons and disclosure only to court in sealed cover has violated principles of natural justice, the bench said.
SC refuses to entertain plea by 14 Oppn parties against misuse of ED, CBI
The Supreme Court on Wed-nesday refused to entertain a plea by 14 political parties alleging arbitrary use of central probe agencies, like ED and CBI, against Opposition leaders. A bench of Chief Justice D Y Chandrachud and Justice J B Pardiwala said, “Political leaders do not enjoy immunity higher than the common citizens...once we accept that political leaders are absolutely on same footing as common citizens with no higher immunity, then how can we say there can be no arrests unless there is a three pronged test which is satisfied.” The bench said, “You please come back to us when you have an individual criminal case or group of cases,” the bench said, adding “laying down general guidelines without having relation to facts of a case will be dangerous”. The SC allowed senior Advocate A M Sighvi, appearing for the political parties, to withdraw the petition.
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