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2022 Supreme(Ker) 571

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANIKUMAR, SHAJI P. CHALY, JJ.
Kerala Union of Working Journalists, Rep. By Its General Secretary & Ors. - Appellants
Versus
Union of India, Rep. By Secretary to Government of India, Ministry of Information and Broadcasting & Ors. - Respondents
W.A. Nos. 212, 214 & 218 of 2022
Decided On : 02-03-2022

Advocates Appeared:
For the Appellant : Sri. Dushyant Dave (SR.), K. Jaju Babu (SR.), M.U. Vijayalakshmi, Brijesh Mohan, Sachin Ramesh, Sidharth O.
For the Respondent: Sri. Aman Lekhi, Addl. Solicitor General, Sri. Manu S., ASG of India, Sri. Jaishankar V. Nair, CGC, Sri. Suvin R. Menon, CGC, Sri. Dayasindhu Sreehari, CGC.

Headnote:

Constitution of India,1950 - Articles 14,19(1)(a), 21 , 19(3) and (4) - Cable Television Networks (Regulation) Act, 1995 - Sections 3, 5 , sub-Sections (6) and (7) , and 6 - Renewal Of Existing Permissions - Power to prohibit transmission of certain programmes in public interest - Limited to uplink and downlink the TV programmes - Co-terminus with uplinking permission - Show cause notice - Limited is a company incorporated under the Companies Act, which owns 'Media One', a TV Channel in the field of broadcasting news and current affairs - First respondent - Union of India had granted permission enabling Broadcasting Limited to uplink and downlink the TV programmes, and permission was valid upto evident from communications produced permission granted to the Managing Director of M/s. Madhyamam Broadcasting Limited, Calicut, Kerala, to uplink news and current affairs through 'Media One' from India for a period of 10 years. Ext. P1(a) is the permission given to the referred company to downlink news and the current affairs through 'Media One' in India for a period of 5 years. Ext. P1(b) is the renewal of permission granted to M/s. Broadcasting Limited for for a further period of 5 years - Held, Court legally presume that in impugned order, expression 'revocation is used basically for reason that normally and ordinarily, an operator who has received registration and permission for uplinking and downlinking news is entitled for automatic renewal; but, when there are other reasons adverse to interests of nation - Government is vested with powers to revoke the same, especially due to the fact that in spite of lapse of the permission during company was permitted to operate channel in question - Case where the show cause notice was issued to appellant company, to which it submitted its objections - It was thereafter that Ministry of Information and Broadcasting forwarded the same to Ministry of Home Affairs for security clearance, which was declined, and therefore, it cannot be said that the renewal of the permission is an absolute right unmindful of other grievous situations, once the registration and permission is granted. The extant guidelines also demonstrate that in the matter of grant of permission and renewal for uplinking and downlinking, by ministry of broadcasting, the Ministry of Home affairs is an inseparable link - Security of the State and public order are very vital for fair and smooth functioning of the nation and therefore, significance and importance shall be provided to the interests of the citizens of this country – Appeal dismissed.

JUDGMENT :

Shaji P. Chaly, J.

He captioned writ appeals are filed by the writ petitioners challenging the common judgment of the writ court in W.P.(C) Nos. 3670, 3663 and 3265 of 2022 dated 08.02.2022.

2. W.A. No. 212 of 2022 is filed by the Kerala Union of Working Journalists and others. W.A. No. 214 of 2022 is filed by the employees of the news channel by name 'Media One' and W.A. No. 218 of 2022 is filed by M/s. Madhyamam Broadcasting Limited, which is managing and controlling 'Media One', a news and current affairs channel.

3. The subject issue raised in the appeals is one and the same in regard to an order passed by the Ministry of Information and Broadcasting, Government of India dated 31.01.2022, whereby the permission granted to M/s. Madhyamam Broadcasting Limited for uplinking and downlinking a 'News and Current Affairs TV Channel' namely 'Media One' is revoked with immediate effect and accordingly, the name of the said channel is removed from the list of permitted channels. It was, thus, challenging the legality and correctness of the said order, the writ petitions were filed.

4. For the purpose of disposal of the appeals, we are relying upon the pleadings and documents in W.A. No. 218 of 2022; however, in the course of discussion, if the pleadings and documents in the other appeals are relied upon, it will be mentioned accordingly.

5. The basic facts for the disposal of the appeals are as follows:

M/s.Madhyamam Broadcasting Limited is a company incorporated under the Companies Act, which owns 'Media One', a TV Channel in the field of broadcasting news and current affairs. The first respondent— Union of India had granted permission enabling M/s. Madhyamam Broadcasting Limited to uplink and downlink the TV programmes, and the permission was valid upto 029.09.2021, evident from the communications dated 30.09.2011, 30,09.2011 and 11.07.2019 produced as Exts.P1, P1(a) and P1(b) respectively in W.A. No. 214 of 2022. Ext. P1 is the permission granted to the Managing Director of M/s. Madhyamam Broadcasting Limited, Calicut, Kerala, to uplink news and current affairs through 'Media One' from India for a period of 10 years. Ext. P1(a) is the permission given to the referred company to downlink the news and the current affairs through 'Media One' in India for a period of 5 years. Ext. P1(b) is the renewal of permission granted to M/s. Madhyamam Broadcasting Limited for downlinking for a further period of 5 years from 30.09.2016 to 29.09.2021 i.e., making it co-terminus with uplinking permission.

6. It seems, an application was filed by M/s. Madhyamam Broadcasting Limited, to renew the uplinking and downlinking permission for a period of 10 years, on 03.05.2021, since the permissions were due to expire on 29.09.2021. Anyhow, the application was not considered before the expiry of the permissions. However, the appellant company was apparently permitted to continue its activities. While so, on 05.01.2022, the Ministry of Information and Broadcasting, Government of India, issued Ext. P1, show cause notice to M/s. Madhyamam Broadcasting Limited pointing out that even though the company, as per letter dated 03.05.2021, applied for renewal of permission, Ministry of Home Affairs informed that the security clearance has been denied in the past to the proposals of the company and the security clearance may be considered as denied in the present case also.

7. Anyhow, it is stated therein that, due to the denial of the security clearance, the company ceased to fulfil the eligibility requirement for renewal of permission for uplinking and downlinking of TV channels, and therefore, M/s. Madhyamam Broadcasting Limited was called upon to show cause as to why the permission granted to it for uplinking and downlinking should not be revoked or cancelled with immediate effect.

8. The case projected by M/s. Madhyamam Broadcasting Limited is that, Ext. P2 reply dated 18.01.2022 was submitted explaining the facts and circumstances and also pointing out that

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