Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Ker) 58

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. Nagaresh, J.
Madhyamam Broadcasting Limited – Petitioner
Versus
Union Of India, Represented By Its Secretary, Government of India, Ministry of Information And Broadcasting "A" Wing, Shastri Bhavan, New Delhi and Ors. – Respondents
WP(C) NO. 3265, 3663, 3670 of 2022
Decided On : 08-02-2022

Advocates:
Advocate Appeared:
For the Petitioner: K.Rakesh, S.Sreekumar (Sr.), Advs.
For the Respondent: Manu S., ASG of India, Adv.

Point of Law: Depending on the facts of any particular case, it will be pen to the court to satisfy itself whether there were justifiable facts and in that regard, the court is entitled to call for the files and see whether it is a case where the interest of national security is involved.

Headnote:
Constitution of India,1950 - Article 19(1)(a) - News and Current Affairs - Media - W.P.(C) has been filed by a Company that owns Media One TV Channel - Petitioner-Company seeks to call for records leading to Ext.P4 order whereby permission granted to petitioner-Company to uplink and downlink a News and Current Affairs TV Channel, namely Media One, is revoked with immediate effect - Petitioner seeks to direct respondents to afford an opportunity of hearing to petitioner before passing an order revoking permission - W.P. has been filed by a Trade Union of Working Journalists - Petitioners in writ petition are Members and office bearers of petitioner- Trade Union - They are working in respondent- Company, which is petitioner in W.P.(C) has been filed by Editor, Senior Web Designer and Senior Cameraman of respondent- Company - Petitioner in W.P.(C) submits that respondent-Union of India, Ministry of Information and Broadcasting issued Ext.P1 show-cause notice to petitioner stating that in consideration of national security and public order, Government intends to revoke license/permission granted to petitioner-Company - Whether there were justifiable facts and in that regard, court is entitled to call for the files.
Finding of the Court:
Once State is of stand that issue involves national security, court shall not disclose reasons to the affected party - From the files produced before this Court, it is discernible that Committee of Officers took note of inputs given by the intelligence agencies as regards petitioner-Company, and found that inputs are of a serious nature and falls under the security rating parameters - In the circumstances, Committee of Officers advised not to renew the license - This Court finds that the recommendations of Committee of Officers as finally accepted by the MHA, are justified by supporting materials - In the facts and circumstances of case, this Court is not inclined to interfere with the denial of renewal of license to petitioner-Company in W.P.
Result: Writ petitions dismissed

JUDGMENT :

W.P.(C) No.3265/2022 has been filed by a Company that owns Media One TV Channel. The petitioner-Company seeks to call for the records leading to Ext.P4 order whereby the permission granted to the petitioner-Company to uplink and downlink a News and Current Affairs TV Channel, namely Media One, is revoked with immediate effect. The petitioner seeks to direct respondents 1 and 2 to afford an opportunity of hearing to the petitioner before passing an order revoking the permission.

2. W.P.(C) No.3670/2022 has been filed by a Trade Union of Working Journalists. Petitioners 2 and 3 in the writ petition are Members and office bearers of the 1st petitioner- Trade Union. They are working in the 3rd respondent- Company, which is the petitioner in W.P.(C) No.3265/2022. W.P.(C) No.3663/2022 has been filed by Editor, Senior Web Designer and Senior Cameraman of the 3rd respondent- Company. The petitioners in both these writ petitions also challenge the order passed by the Ministry of Information and Broadcasting cancelling the licence granted to the 3rd respondent-Company. The parties and exhibits are referred in this judgment as they are arrayed/marked in W.P.(C) No.3265/2022.

3. The petitioner in W.P.(C) No.3265/2022 submits that on 05.01.2022, the 1st respondent-Union of India, Ministry of Information and Broadcasting issued Ext.P1 show-cause notice to the petitioner stating that in consideration of national security and public order, the Government intends to revoke the licence/permission granted to the petitioner-Company. The petitioner submitted Ext.P2 reply dated 18.01.2022. In Ext.P2, the petitioner stated that the petitioner is not informed of the reasons why security clearance is denied and there shall not be any order revoking the licence without affording an opportunity of hearing. The petitioner further submitted that the Channel is not involved in any sort of anti-national activity and therefore considering the fact that there is huge investment in the business, Ext.P1 may be withdrawn. However, on 31.01.2022, the 1st respondent, as per a cryptic order, Ext.P4, revoked the permission of the petitioner with immediate effect and ordered to remove the petitioner from the list of permitted Channels. Ext.P4 order is under challenge.

4. The petitioners in W.P.(C) No.3663/2022 submitted that they are professionals working in the 3rd respondent-Company (petitioner in W.P.(C) No.3265/2022) and there are about 320 employees who are working in the Channel in various capacities. If the licence granted to the Company is not renewed, the employees will be put to untold hardship. The Kerala Union of Working Journalists and others, who are the petitioners in W.P.(C) No.3670/2022, also made similar submissions.

5. The learned Assistant Solicitor General of India contested the writ petitions filing a statement. The ASGI submitted that the writ petitions filed by the employees of the media company and the Kerala Union of Working Journalists are not maintainable. The ASGI submitted that uplinking and downlinking of Private Satellite TV Channels in India are governed by the policy guidelines issued by the Ministry of Information and Broadcasting. The petitioner-Company had applied for permission for one news Channel “Media One” on 19.05.2010. By letter dated 30.09.2011, the Ministry of Information and Broadcasting has permitted the petitioner-Company to uplink and downlink News and Current Affairs TV Channel, namely “Media One”, as per Annexure-R1(c). In the year 2012, the Company applied for licence to uplink and downlink a Non-News TV Channel “Media One Life” and News TV Channel “Media One Global”. The documents submitted by the petitioner were forwarded to the Ministry of Home Affairs (MHA) on 07.01.2014. The Company applied for appointment of two new Directors.

6. Based on the Ministry of Home Affairs' clearance earlier received on 07.02.2011, the Ministry of Information and Broadcasting granted permission to M/s. Madhyamam Broadcasting L

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2022 Supreme(Ker) 58

Point of Law: Depending on the facts of any particular case, it will be pen to the court to satisfy itself whether there were justifiable facts and in that regard, the court is entitled to call for the files and see whether it is a case where the interest of national security is involved.

Cases Referred (4)

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