VidhiSangh

Supreme Court of India · 05/04/2023

MADHYAMAM BROADCASTING LIMITED versus UNION OF INDIA & ORS.

[2023] 10 S.C.R. 595 · 2023 INSC 324

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Summary

The Ministry of Information and Broadcasting refused to renew the uplinking and downlinking permission of the news channel Media One because the Home Ministry denied security clearance on undisclosed intelligence inputs; the Kerala High Court upheld the refusal after reading the files in a sealed cover. The Supreme Court held that security clearance is a condition for renewal, but that the unreasoned order, non-disclosure and the sealed cover procedure violated the right to a fair hearing under Articles 14 and 21. National security does not wholly exclude natural justice; the State must show through material that non-disclosure serves it, and public interest immunity with an amicus curiae is a less restrictive means than sealed covers. Criticism of government and alleged shareholder links to an unbanned organisation are no ground under Article 19(2). Renewal directed within four weeks.

Issues

  1. Whether security clearance from the Ministry of Home Affairs is a condition for renewal of permission under the Uplinking and Downlinking Guidelines.
  2. Whether denying renewal on undisclosed grounds and the High Court's reliance on material disclosed only in a sealed cover violated the appellants' procedural guarantees under Articles 14 and 21, and how claims of national security against disclosure are to be tested.
  3. Whether non-renewal based on the channel's alleged anti-establishment stance and its shareholders' alleged links to Jamaat-e-Islami Hind is a reasonable restriction on the freedom of the press under Article 19(2).
  4. What procedure courts should follow when the State seeks to withhold material on grounds of national security or confidentiality.

Provisions considered

Held

Result

Appeals allowed; order of the Ministry of Information and Broadcasting dated 31 January 2022 refusing renewal of permission for the Media One channel and the Kerala High Court judgment dated 2 March 2022 set aside on both procedural and substantive grounds; Ministry directed to issue renewal permissions within four weeks with all other authorities to cooperate; the interim order permitting the channel to operate to continue until renewal is granted; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 595.