SC slams Centre on ‘sealed cover,’ cancels news channel ban order

The Supreme Court has cancelled the Centre's ban on Malayalam news channel MediaOne.
The court said, " can't make national security claims out of thin air."

The SC was hearing an appeal filed by the news channel against the order of the Kerala High Court, which had upheld the ban imposed by the Centre.

A Bench comprising Chief Justice of India, D Y Chandrachud and Justice Hina Kohli rejected the argument of the Centre that some the channel's broadcasts affected national security.

"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," the Bench said.

Claims of national security cannot be made in thin air, the Bench said.

"We hold national security claims cannot be made on the basis of thin air. It is seen that none of the material is against national security or threatens public order," the judgment read.

The court refused to accept the state of the Centre that it can only reveal reasons for the ban in a sealed cover.

"The sealed cover procedure adopted has rendered the rights of the petitioner as a dry parchment and the procedural guarantees to the petitioners have been rendered otiose. Sealed cover has curbed the right to fair and reasonable proceedings leaving appellants in the dark to fight out the case," the Bench also said.

It is the duty of the press to speak the truth to power and views critical of the media cannot be termed as anti-establishment.

"To conclude that MBL has an anti-establishment stand IB has relied on programs and remarks on NRC, CAA, UAPA and judiciary's verdicts. Independent press is crucial for responsible functioning of the society. press has the duty to speak truth to power. Critical views of media one cannot be termed anti establishment and use of this term means that press must support the establishment," the Court also said.

On January 21 2022, MediaOne channel was taken off air following which it the Kerala High Court was moved. The High Court upheld the decision of the Information and Broadcasting Ministry to revoke the channel's licence.