The Kerala High Court on Monday deferred for two days the implementation of the order issued by the Union Ministry of Information and Broadcasting (I&B) revoking the licence of MediaOne TV channel and removing the name of the channel from the list of permitted channels.
Justice N. Nagaresh passed the interim order on a writ petition filed by the Madhyamam Broadcasting Limited, Kozhikode, challenging the Centre’s order.
ASG’s contention
S. Manu, Assistant Solicitor General (ASG) submitted that it was not an essential service. Nor it enjoyed any unbridled fundamental right. In fact, there were sufficient reasons to revoke the channel's licence. When such a ban was imposed citing security reasons, the court should not interfere in the matter. The security clearance was mandatory for broadcasting the programmes.
According to the petitioner, on January 5, 2022, the Union Home Ministry had issued a show cause notice to the company saying that security clearance had been denied to the channel and considering the national security and public order, the government proposed to revoke its permission for broadcasting its programmes.
The company had been asked to show cause why the permission shall not be cancelled in view of the denial of security clearance.
‘No reason’
The petitioner said they had replied to the show cause notice pointing out that no reason was cited for denying the security clearance. The petitioner also made it clear that the channel had not involved itself in any sort of anti-national activities.
Besides, the petitioner had made a huge investment in the channel. Therefore, it had requested that the revocation order be withdrawn. The order of the Centre amounted to a violation of the fundamental right of the petitioner-company guaranteed under Article 19(1)(g) of the Constitution (practice any profession, or to carry on any occupation, trade or business). The petition, therefore, sought to quash the Centre's order.
The court posted the petition for further hearing on February 2.
