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Supreme Court of India 2023-04-05 allowed

Madhyamam Broadcasting Limited vs Union of India & Ors

Bench: 2 — Dr Dhananjaya Y Chandrachud, Hima Kohli

In Brief

The Union Ministry of Information and Broadcasting revoked the broadcasting permission granted to Madhyamam Broadcasting Limited for its news channel "Media One" after the Ministry of Home Affairs denied security clearance, citing alleged links to Jamaat-e-Islami and anti-establishment stance. The High Court dismissed the challenge, relying on sealed-cover material not disclosed to the broadcaster. The Supreme Court held that security clearance is a condition for renewal, but procedural guarantees cannot be violated even on national security grounds. The non-disclosure of reasons and reliance on sealed cover without safeguards breached fair hearing rights. The alleged grounds—critical journalism and shareholding patterns—lacked evidentiary foundation and did not justify restricting press freedom under the Constitution. The Court allowed the appeal and ordered renewal of permission.

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Constitutional Law Freedom of Speech and Expression Natural Justice Procedural Due Process National Security Public Interest Immunity Media and Broadcasting Administrative Law Judicial Review Proportionality

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