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"....the security of the State and the public order are very vital for the fair and smooth functioning of the nation and therefore, significance and importance shall be provided to the interests of the citizens of this country, rather than other aspects", remarked a Division Bench of the Kerala High Court while upholding the ban imposed on MediaOne channel, operated by Madhyamam Broadcasting Ltd in January this year.

While relying on the contents of the confidential files produced before it, a bench of Chief Justice S Manikumar and Justice Shaji P Chaly said that the single Judge was right in declining interference with the order passed by the Union Government refusing renewal of uplinking and downlinking permission to M/s. Madhyamam Broadcasting Limited for telecast operations through 'Media One TV”.

On January 5, 2022, the Ministry of Information and Broadcasting, issued a show cause notice to M/s. Madhyamam Broadcasting Limited pointing out that even though the company, applied for renewal of permission, Ministry of Home Affairs informed that the security clearance had 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.

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 was called upon to show cause as to why the permission granted to it should not be revoked or cancelled with immediate effect.

The I&B Ministry by its order dated January 31, 2022, revoked the permission granted to M/s. Madhyamam Broadcasting Limited for uplinking and downlinking a 'News and Current Affairs TV Channel' namely 'Media One' with immediate effect and accordingly, the name of the said channel was removed from the list of permitted channels.

This order came to be challenged by way of a writ petition. 

MediaOne approached a division bench of the Kerala High Court after a single judge bench of Justice N. Nagaresh had upheld the central government’s decision.

Before the division bench, the Ministry of Home Affairs stated that the denial of security clearance in the case on hand was based on intelligence inputs, which were sensitive and secret in nature and therefore, as a matter of policy and in the interest of the national security, the Ministry did not disclose the reasons for the denial.

Additional Solicitor General further told the court that when serious issues are involved with respect to the security aspects, there is no requirement of mentioning the same in the show cause notice. He added that the show cause notice cannot be challenged on the grounds of violation of principles of natural justice, arbitrariness, the freedom of speech and expression, and life and liberty when the issue with respect to the security aspect of the country is involved.

The Centre further said that the denial of security clearance to Media One by the Ministry of Home Affairs (MHA) was based on inputs received from intelligence agencies.

Having gone through the judgment of the single Judge, the Division bench felt that while relying upon the files of the Ministry of Home Affairs that the single Judge has arrived at the conclusion that the inputs available in the files are of serious nature and falls under the security ratio parameters and therefore, there was no illegality, arbitrariness or other legal infirmities so as to interfere with the declining of permission/registration.

The High Court found that there were certain serious adverse reports by the Intelligence Bureau against M/s. Madhyamam Broadcasting Limited and its Managing Director.

After perusing the said reports, the court opined that the nature, impact, gravity and depth of the issue was not discernible from the files, but, at the same time, there were clear and significant indications impacting the public order and security of the State.

It was further noted that after having gone through the files extensively and insofar as the files relating uplinking/downlinking of ‘Media One Life' and 'Media One Global, certain aspects relating to the security of the State were mentioned to the effect that M/s. Madhyamam Broadcasting Limited has some linkages with certain undesirable forces, which was stated to be a security threat.

Referring to the Cable Television Networks (Regulation) Act, 1995, the court noted that the intention of the Act, 1995 was explicit from the objects and reasons and, in its view, significance was to be given to the interests of the nation and as such a purposive interpretation was to be given to the provisions of the extant laws.

"...Sections 19 and 20 of Act 1995 enables the Union Government to do the required in order to protect the larger interest of the nation and the citizens, rather than protecting the interest of a telecasting company. This we say because, the eminent domain of the Government as regards national interest will always remain with the Government itself irrespective of the contents of the guidelines issued for the purpose to regulate and control the network operations of the registered establishments...", remarked the court.

The division bench noted that in the instant case a show cause notice was issued to the appellant company, to which it submitted its objections and it was thereafter that the Ministry of Information and Broadcasting forwarded the same to the Ministry of Home Affairs for security clearance, which was declined.

Accordingly, the Court held,

"...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 the ministry of broadcasting, the Ministry of Home affairs is an inseparable link."

While dismissing the said appeal, the High Court said,

"To put it shortly, the appellants have failed to establish any jurisdictional error or other legal infirmities in the judgment of the learned single Judge warranting our interference in an intra court appeal, filed under Section 5 of the Kerala High Court Act, 1958. Needless to say, the appeal fails, accordingly it is dismissed".

Cause Title: Madhyamam Broadcasting Limited vs Union of India