New Delhi: Chief Justice DY Chandrachud who quashed the telecast ban on a media group from Kerala held that "independent press is essential for society". The CJI passed strictures wondering why there was no explanation on what was weighed in by the High Court to hold the decision of the Union government to deny broadcast license renewal of the media firm.
According to Chandrachud, the state must satisfactorily prove that the national security was involved in the decision to stop the telecast of the Malayalam news channel. The Ministry of Home Affairs has made a general claim based on the reports of central agencies which are confidential.... We are unable to accept such arguments... CBI and agencies are required to make background checks... Not mere fact finding reports. They need to provide inferences on individuals when they are relied upon, the CJI said.
As regards to the confidential reports, the Apex Court said, "Argument that all reports are confidential can not be accepted. It will be antithetical to the transparent system." It is out constitutional duty to raise the manner in which union raised national security.... It made no attempt to explain how non disclosure will be in national security interest. State is using national security to deny citizens what they are entitled to in law, he further said.
The non disclosure of reasons for denial of license citing security reasons and the disclosure of the same only to court in a sealed cover has violated the principles of natural justice and the right to faith proceedings. The mere involvement of issues relating to national security will not allow the state to act fairly, the Court further held.
The sealed cover procedure has rendered rights of the petitioner as a dry parchment and the procedural guarantees to the petitioner have been rendered otiose. State is using the plea of national security to deny the rights of citizens. This is incompatible with the rule of law, the orders read.
An independent press is essential for society... The press has a duty to speak truth to power to propel democracy to the right path... Critical views of the channel on government can not be called anti-national... By denying security clearance produces a chilling effect on free speech, the CJI observed. JeIH (Jamaat-e-Islami Hind) is not a banned organisation and sympathising with it won't impact national security, Chandrachud noted.
