Thread by @barandbench

The Kerala High Court is set to pronounce its judgment in a batch of petitions challenging an order of the Ministry of Information & Broadcasting which had revoked the licence of MediaOne channel citing security concerns.

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Justice N Nagaresh will preside shortly, the case will be taken up at Item No. 1.

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The Judge has presided.

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Justice Nagaresh: I have gone through the files. I find that the ministry has called for report from various intelligence agencies. Based on those inputs, it was found that security clearance should not be renewed.

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Justice Nagaresh: There are inputs which justify the decision. As far as Pegasus judgments is concerned- it was taken in the background of right to privacy. Digicable judgement applies.

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Justice Nagaresh: Therefore I am dismissing the petition.

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Justice Nagaresh: The petition has been filed by a company which ones MediaOne. It seeks to call for records of the order whereby permission granted to the petitioner to uplink and downlink a news channel is revoked.

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Justice Nagaresh: the petitioners submit that the Union of India issues show cause notice to the petitioner stating that in national security, the govt intends to revoke the lisence granted to the petitioner.

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Justice Nagaresh: The petitioner submitted that the channel is not involved in any anti-national acitivity. The first respondent via a cryptic order removed the permission with immediate effect.

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Justice Nagaresh: The petitioners submitted that if the lisence granted to the company is not renewed the employees will be put to hardship.

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Justice Nagaresh: The Kerala Union of working Journalists also made similar submissions. The ASGI contested the writ petition.

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Justice Nagaresh: The ASG submitted that the writ petitions filed by employees and union are not maintainable. He suggested that uplinking and downlinking are governed by policy guidelines.

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Justice Nagaresh: In the year 2012 the company applied for uplink and downlink for a new channel. The documents submitted by the petitioner were forwarded to MHA.

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Justice Nagaresh: Based on the Mha Clearance recieved in 2011, the ministry of info and broadcasting granted permission to MediaOne Live in 2015.

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Justice Nagaresh: The MHA denied security clearance. Consequently, the ministry of information and broadcasting issued show cause notice. The company submitted a reply.

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Justice Nagaresh: However, in view of denial of security clearance permission was cancelled. As the permission for MediaOne was expiring, the company submitted an application in 2021.

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Justice Nagaresh: The MHA denied security clearance. Accordingly, show cause notice was given. Petitioner replied.

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Justice Nagaresh: Minister of Information and Broadcasting rejected the application of renewal of license. The MHA had sufficient grounds to deny security clearance.

Therefore, impugned orders are amply justified, contended the ASGI.

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Justice Nagaresh: the senior counsel for the petitioners argued that the petitioner company had applied for permission for MediaOne channel in 2010 and obtained permission in 2011.

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Justice Nagaresh: Security clearance was given. The downlinking permission were valid till 2021.

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Justice Nagaresh: Both the uplinking and downlinking permissions had validity till 2021. On the expiry, the application was submitted.

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Justice Nagaresh: petitioner was not aware for reasons of denial of clearance. The ld. Senior counsel pointed out in connection with Delhi Riot reporting a show cause notice was issued and the petitioner submitted a prompt reply.

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Justice Nagaresh: however, a prohibitory order was issued which was lifted the very next day. Senior counsel submitted that this showed the vindictive attitude of the govt of India.

Right under A 19(1)(a) was infringed, contended the Sr counsel

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Justice Nagaresh: The Senior Counsel also submitted that in the case of ex army mens's and Digicable, which are the judgments relied on by the respondents. In ex army men's the security clearance was granted for 5 years.

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Justice Nagaresh: Senior Counsel submitted that the respondent must necessarily plead and prove the facts which indicate that the info must be kept secret. They must justify the stand.

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Justice Nagaresh: Senior Counsel urged that revocation without opportunity of hearing is highly arbitrary and violative of principles of fairness and natural justice.

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Justice Nagaresh: .. Insistence of security clearance is wrong at the time of lisencing.

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Justice Nagaresh: Senior Counsel further submitted the order has no legal backing. The respondents have not alleged any violation of permit conditions.

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Justice Nagaresh: The Senior Counsel further argued that the respondents have failed to considering the dispute resolution mechanism.

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Justice Nagaresh: The Senior Counsel pointed out that in 2016 when renewal of permission was sought, the same allegations were raised and the co. submitted a reply which was accepted and the extensions was not cancelled.

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Justice Nagaresh: Senior Counsel submitted that this offends employees rights under the Constitution of India.

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Justice Nagaresh: ASGI relied on the judgment of the Apex Court in Harijai Singh, in the said judgment it was held that freedom of press is absolute.

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Justice Nagaresh: As regards, allegations of violations of principles of natural justice the ASGI relied on the judgment of ex-armymen's where it was held that in national security, a party cannot insist of the strict observance of natural justice.

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Justice Nagaresh: The ASG pointed out that the Apex Court categorically held that what is in the interest of national security is not a question of law. Should be left to the executive.

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Justice Nagaresh: I have considered. The broadcasting is considered an integral part of freedom of speech and expression.

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Justice Nagaresh: It is clear that it is on the basis of info furnished on the application form. If found eligible, application sent to MHA for security clearance.

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Justice Nagaresh: At the time of renewal, the eligibility of net worth and experience will not apply, however other T&C will apply.

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Justice Nagaresh: Permission for security clearance is also required at the time of renewal.

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Justice Nagaresh: It is clear that at the time of renewal other T&C would be applicable as per modified T&C. In the case of renewal application for downlinking also, security clearance is mandatory.

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Justice Nagaresh: The contention of the petitioners that security clearance is a one-time affair cannot be accepted.

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Justice Nagaresh: In the Harijai Singh judgment, Apex Court held that freedom of press is not unfettered.

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Justice Nagaresh: The petitioners relied on Anuradha Bhasin averred that the freedom of press is required in any democracy for effective functioning. There is no doubt that freedom of press is a valuable right.

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Justice Nagaresh: This right is required in any modern democracy. However, this Court is of the view that the right under Article 19 1 have certain exceptions which empower the state to impose reasonable restrictions.

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Justice Nagaresh: Restrictions are provided under Article 19 (2). The action of the State must be a reasonable restriction, must be in furtherance of sovereignty and integrity, security, friendly relations, public order, decency, contempt, defamation..

#KeralaHighCourt #MediaOne

Justice Nagaresh: The imposition of restrictions is limited to "reasonable".

The petitioners relied on the judgment in Manohar Lal Sharma. The said judgment was delivered in the context of right to privacy and may not be of much help to petitioners.

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Justice Nagaresh: In ex-armymen's the Apex Court examined the law.

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Justice Nagaresh: It is clear that principles of natural justice and interference by court in cases of national security, have a very limited role.

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Justice Nagaresh: The need of citizens to live in a secured nation has made national security the most significant function of any state. National security is considered as one of the most imp sovereign function for long.

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Justice Nagaresh: The concept of good governance takes within its ambit a secured state. Ensuring national security involves preempting possibilities that could cause insecurity.

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Justice Nagaresh: While considering the issue in these WPs, this court is of the view that Rule 6 of the Cable Television Network Rules are relevant.

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Justice Nagaresh: In ex-armymen's judgment, depending on facts it will be open to court to justify itself. The court is entitled to call for files to see if it is a case involving national security.

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Justice Nagaresh: When the WP came up for hearing, the ASG was required to produce the applications. The MHA made available the relevant files. I have perused. It emerged that the MHA...

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Justice Nagaresh: ..had called for intelligence. The files contain the discussions of the committee of officers and the guidelines of assessment of proposals recieved for national security clearances.

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Justice Nagaresh: the information and broadcasting is a sensitive set-up. From the files, it is discernable that the officers noted the adverse inputs given by intelligence agencies against the company are serious in nature.

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Justice Nagaresh: This Court finds that these are justified by supporting materials.

This Court is not inclined to interfere with the denial of renewal of license.

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Justice Nagaresh: The WPs fail and are accordingly, dismissed.

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PETITIONER COUNSEL: I request to keep in abeyance the judgment for a few days to file appeal.

Justice Nagaresh: I am not inclined. It will not be proper to extend the stay even for one hour. I understand the situation of the employees.

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Justice Nagaresh: Going through the files, I am not at all inclined.

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PETITIONER COUNSEL: If that is the case, can I get a copy today itself?

Justice Nagaresh: I will try.

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- Hearing ends. -

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Kerala High Court upholds Centre's ban on MediaOne news channel on national security ground.

"Ensuring national security involves preempting possibilities that could cause insecurity," holds single-judge Justice N Nagaresh

Read full story: bityl.co/ApuB