MediaOne Case : Will Decide Sealed Cover Issue, Says Supreme Court

The Supreme Court on Tuesday granted more time to the Union Government to file their counter in the plea challenging the telecast ban imposed on Malayalam news channel MediaOne.A Bench comprising Justices D.Y Chandrachud, Surya Kant and Bela M Trivedi granted four more weeks to the respondents to file a counter affidavit in the case. Senior Advocate Dushyant Dave, appearing for the channel, requested that the issue of "sealed cover" must be decided authoritatively. He submitted that in the case of Jignesh Mevani MLA in Assam, the issue happened again since a sealed cover has been submitted before the Gauhati High Court. "This is regarding sealed cover jurisprudence. In Assam again, the same thing has happened where a sealed cover has been submitted in the case of Gujarat MLA. This needs to be decided authoritatively", Dave submitted. Agreeing to decide the matter, the Court granted further time to the respondents to file a counter. "We will decide it. The respondents need more time to file a counter. They sought two weeks, but we will grant them 4 more weeks, considering the upcoming vacation", the bench said.On March 15, the Court had stayed the order of the Ministry of Information and Broadcasting which refused to extend the license for the channel under the Cable TV Network Regulation Act. It had passed the interim order in a special leave petition filed by the company running the channel assailing the Kerala High Court's judgment of upholding the decision of the Ministry of Information and Broadcasting to not renew the broadcast license of the channel.The bench had passed the order after examining the files produced by the Ministry of Home Affairs raising security concerns regarding the company running the channel.The channel had contended that the Ministry did not divulge the reasons for its decision. It also took objection to the High Court dismissing its petition based on the sealed cover documents furnished by the Centre, without sharing the contents with the petitioner.While granting interim relief to the channel, the bench had observed that it is "averse" to sealed cover process and said that it will examine the validity of this process. The bench said that the fact that it has perused the files given by the Ministry should not be construed as an approval of the sealed cover process."We clarify that perusal of the files by the Court at this stage is not an expression on the tenability of the contentions of the petitioners that they would be entitled to inspect the files. The issue is kept open to be resolved at the stage of the final disposal", the bench had stated in the order. The order had further stated :"At the present stage, we are of the view that a case for the grant of interim relief has been made out on behalf of the petitioners having due regard to the contents of the files which have been perused by the Court.We accordingly order and direct that pending further orders, the order of the Union government dated 31 January 2022 revoking the security clearance which was granted to the petitioner, Madhyamam Broadcasting Limited, shall remain stayed. The petitioners shall be permitted to continue operating the news and current affairs TV channel called Media One on the same basis on which the channel was being operated immediately prior to the revocation of the clearance on 31 January 2022", the Court's order stated.Case Title: Madhyamam Broadcasting Limited v. Union of IndiaClick Here To Read/Download Order

MediaOne Case : Will Decide Sealed Cover Issue, Says Supreme Court

Hannah M Varghese

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