Thread by @barandbench

#SupremeCourt to deliver judgement on the petition filed by Malayalam news channel Media One pertaining to denial of security clearance following which the broadcast of the channel was banned #MediaOne #SupremeCourtOfIndia

The government had contended that renewal of broadcast permission for a further period of 10 years required verification and clearance from the Home Ministry. It had said the renewal of permission for a TV channel was not a matter of right #SupremeCourtofIndia #MediaOneBan

CJI DY Chandrachud: it has laid down some important law.

#SupremeCourtofIndia #MediaOneBan

CJI DY Chandrachud: HC says security of the state and public order will be impacted if clearance is granted...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… twitter.com/i/web/status/1…

CJI DY Chandrachud: sealed cover has curb the right to fair and reasonable proceedings leaving appellants in the dark to fight out... if state discards its duty to act fairly state must satisfy that national security is threatened and that principles of natural justice can be… twitter.com/i/web/status/1…

CJI DY Chandrachud: MHA in reply states that reasons cannot be disclosed since reports from investigative agencies are secret in nature... but such a general contention cannot be accepted... CBI ED reports are needed for background checks for innumerable purposes.. they make… twitter.com/i/web/status/1…

CJI DY Chandrachud: Centre has raised national security concerns in a cavalier manner and there was nothing to submit that reasons divulged to threaten national security and national security is being used to deny citizen their rights which cannot be permitted under law.… twitter.com/i/web/status/1…

CJI DY Chandrachud: some of the reports cited by IB are that minorities favoring reports telecasted, 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… twitter.com/i/web/status/1…

CJI DY Chandrachud: it is seen that none of the material is against national security or threatens public order. Sealed cover is a creation of the court. the rule indicates that court may ask for material in sealed cover if the practice harms public interest.… twitter.com/i/web/status/1…

CJI DY Chandrachud: sealed cover proceedings cannot be adopted to avoid the harm caused of public immunity proceedings. we are of the opinion that public immunity proceedings are less restrictive means to safeguard public interest. it is sufficient to state that if purpose can… twitter.com/i/web/status/1…

CJI DY Chandrachud: 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… twitter.com/i/web/status/1…

CJI DY Chandrachud: such denial of clearance has a chilling effect and such restrictions can never be brought under restrictions of 19(2). when GAIH is not a banned organisation. then links with the organisation cannot be called to have an impact of public order or national… twitter.com/i/web/status/1…

CJI DY Chandrachud: allegation that MBL is linked to GAIH is fallacious and GAIH is not a banned organisaitons. No material to show that MBL officers are shareholders of GAIH

#SupremeCourtofIndia #MediaOneBan

CJI DY Chandrachud: 1. Security clearance is needed for uplinking and downlinking license. 2. Actions which violate procedural guarantees can be struck down 3. Kerala HC judgment and MHA order set aside, appeal allowed

#SupremeCourtofIndia #MediaOneBan

CJI DY Chandrachud: blanket immunity to investigative reports cannot be granted and the state has not been able to prove that there is a national security threat. Power of courts to receive sealed covers is unguided.. sealed cover proceedings violate the principle of natural… twitter.com/i/web/status/1…

CJI DY Chandrachud: while we concluded that public immunity proceedings is less restrictive mean... court has a duty to see the case and choose which mode should be adopted... procedural guarantees is equally important and cannot be ignored. we have recognized the power to… twitter.com/i/web/status/1…

CJI DY Chandrachud: though public immunity proceedings are behind closed doors, the judgment is pronounced in open court. Civil appeals allowed. MHA to grant permission for the security clearance and renewal permissions are granted. interim order of this court shall be in force… twitter.com/i/web/status/1…

[Corrigendum]

GAIH in the above thread refers to JEIH (Jamaat-e-Hind)

Supreme Court has held that Madhyamam Broadcasting has no link with the Jamaat-e-Hind and that JEIH is not a banned organisation.

#SupremeCourtofIndia