NEW DELHI: Holding that independent press is vital for the robust functioning of a democratic republic, the Supreme Court on Wednesday quashed the central government's refusal to renew licence to Malayalam news channel MediaOne, saying national security concerns can't be raised out of thin air without substantive materials as it would have chilling effect on freedom of press.
A bench led by Chief Justice D Y Chandrachud said that the press has a duty to speak truth to power and inform citizens about facts and the government cannot make national security claims out of nowhere.
Criticising sealed cover proceedings adopted in the matter, the bench said, "There cannot be a blanket immunity to the government for disclosure of information to the other parties in a proceeding before the court. All investigation reports cannot be termed secret as these affect the rights and liberty of the citizens."
All materials cannot be made secret by merely invoking 'national security', the bench further said, adding that the courts would redact sensitive portions from a document and disclose it to the other party during a judicial proceedings to adhere to principle of natural justice.
Pronouncing the judgement, the CJI also said critical views of a media organisation can't be termed anti-establishment, and the use of such terminology in itself represented an expectation that the press must support the establishment
"An independent press is vital for the robust functioning of a democratic republic. Its role in a democratic society is crucial for it shines light on the functioning of the state. The press has a duty to speak truth to power and present citizens with hard facts enabling them to make choices that propel democracy in the right direction, the bench said.
The bench also pointed out that a homogenized view on issues that range from socio-economic to political ideologies would pose grave danger to democracy.
The bench said the action of the Ministry of Information and Broadcasting by denying security clearance to a media channel on the basis of the view which the channel is constitutionally entitled to hold produces a chilling effect on free speech and in particular on press freedom.
The court said it is important to mention the cavalier manner in which the Union of India has raised the issue of national security.
The MediaOne news channel questioned the Kerala High Court's order upholding the Centre's decision to ban its telecast on security grounds.
On March 15, 2022, the Supreme Court stayed the Centre's ban of January 31, 2022 on the Malayalam TV news channel.
Media One had moved the top court after the Kerala High Court upheld the ban imposed on it by the Ministry of Information and Broadcasting for allegedly having received support of Kerala chapter of Jamaat-e-Islami.
The channel run by Madhyamam Broadcasting Limited had earlier too faced 48-hour ban in connection with its reporting on Delhi riots in 2020.
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