New Delhi: The Supreme Court on Wednesday quashed the Centre’s denial of security clearance to Malayalam news channel MediaOne, and pulled up the Ministry of Home Affairs for raising national security claims in “thin air” without facts.
A bench headed by Chief Justice DY Chandrachud set aside the Kerala High Court order which had upheld the Centre’s decision to ban the channel’s telecast on security grounds.
The top court said critical views of the channel against government policies cannot be termed as anti-establishment as an independent press is necessary for a robust democracy.
“National security claims cannot be made out of thin air, there must be material facts backing it,” the bench said.
The top court was hearing the plea of the news channel against the Kerala High Court’s order which had upheld the Centre’s decision to ban its telecast on security grounds.
The court came down heavily on the Centre over it’s attempt to keep rationale under wraps, and file them under “sealed cover”. “Sealed cover proceedings cannot be adopted to avoid the harm caused by public immunity proceedings. We are of the opinion that public immunity proceedings are a less restrictive means to safeguard the public interest.”
“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,” stated the apex court.
