The government should make out a "very clear" case that disclosure of information to affected parties will seriously affect national security before passing on material to the court in sealed covers, the Supreme Court told the Centre on Thursday.
The oral observation came from a Bench of Justices D.Y. Chandrachud and Hima Kohli while hearing petitions challenging the telecast ban on Media One channel. In January, the government had revoked the channel's security clearance for "reasons of national security and public order" without specifying any further.
The Kerala High Court had upheld the government's decision after perusing some material handed over by the government to it in a sealed cover. The media company did not see or get a copy of the content passed on to the court by the Centre.
In its appeal, the company, represented by a battery of senior advocates, including Dushyant Dave, Mukul Rohatgi, Huzefa Ahmadi and advocate Haris Beeran, challenged the ban and also the non-disclosure of the information passed on to the High Court in a sealed cover.
"Did you claim privilege in the High Court? What was so great that you could not share even the redacted files with them [media company]?" Justice Chandrachud asked Additional Solicitor General K.M. Natraj, appearing for the government.
"You have to impress upon us what would be in the file, the disclosure of which to the other party would affect national security," the court said, reserving the case for judgment.
Mr. Dave had said the court should not allow such bans. “Otherwise, no media or publication is safe. Everybody can be shut down anytime,” he had submitted.
The government had contended that renewal of broadcast permission for a further period of 10 years required verification and clearance from the Home Ministry. It had said the renewal of permission for a TV channel was not a matter of right.
