The Supreme Court on Friday asked the Centre to provide the amended National Security Policy (NSP) to BJP leader Subramanian Swamy who has sought, through a petition, the cancellation of phase-3 licence granted to Sun TV-owned Red FM India.
A bench comprising Chief Justice of India JS Khehar and Justice DY Chandrachud asked the Centre's counsel to provide the amended National Security Policy within a week to the petitioner.
The Centre questioned the maintainability of the petition, saying the court in its earlier judgments has declined to interfere and the court shouldn't hear this petition.
The government counsel also said the NSP was framed in June 2015 and the same was amended in December 2015.
Petitioner Swamy argued that according to the Constitution, only the Home Ministry has the power to take a decision when it comes to national security and the Information and Broadcasting Ministry should not interfere.
In his petition, Swamy alleged that the I&B Ministry's decisions were arbitrary and the licence to any TV or radio should be cancelled on grounds of national security.
Swamy sought clarification on the process to grant security clearances to companies for FM broadcast and restraining them from taking part in auctions, if they are involved in criminal cases.
The Rajya Sabha member said that the Ministry of Information & Broadcasting had issued a notice on March 2, 2015, inviting applications from eligible parties for the phase-3 e-auction process of FM radio channels.
In the course of processing their applications, the Ministry of Home Affairs (MHA) had denied security clearance to the Sun TV network of Maran brothers, resulting in cancellation of its pleas for auction, Swamy claimed.
The Sun Group, owned by Kalanithi Maran and his brother-former telecom minister Dayanidhi Maran, is accused in the Aircel Maxis case and criminal cases filed by the CBI and the ED.
Swamy said there is non-uniformity in the security clearance policy of the government. The apex court has posted the matter after two weeks.