“Madhyamam Broadcasting Limited vs Union of India & Ors” Case

April 11, 2023

In recent years, the media industry in India has been subjected to increased scrutiny and censorship. The case of “Madhyamam Broadcasting Limited vs Union of India & Ors” is an example of such censorship, where the Ministry of Information and Broadcasting refused to renew the broadcast license of the Malayalam channel MediaOne. The refusal was based on alleged links between the channel’s promoters Madhyamam Broadcasting Limited and Jamaat-e-Islami Hind. The case has been closely watched by media professionals and legal experts as it raises significant concerns about freedom of speech and expression.

The Ban on Media One

A single bench of the Kerala High Court initially upheld the ban on the channel. However, the Supreme Court later allowed the channel to resume operations. Media One’s promoters argued that they were not given a chance to defend themselves, and freedom of speech and expression can only be restricted on the grounds under Article 19(2) of the Indian Constitution.

Grounds for Upholding Media One’s Appeal

The Supreme Court upheld Media One’s appeal on two procedural grounds: natural justice and proportionality. The principles of natural justice were constitutionalized in the case of “Maneka Gandhi vs Union of India.” In a case involving natural justice, the burden is on the claimant to prove that the procedure that was followed oversteps the core of procedural guarantees.

In the case of “Madhyamam Broadcasting Limited vs Union of India & Ors,” Media One proved that MBL’s right to a fair hearing was infringed by the unreasoned order of the MIB dated 31 January 2022 and the non-disclosure of relevant material to the appellants, and its disclosure solely to the court. The burden on the Centre in such a situation is to prove that the procedure that was followed was reasonable and in compliance with the requirements of Articles 14 and 21 of the Constitution.

National Security Concerns and Proportionality

While principles of natural justice are fundamental to ensuring fairness in legal proceedings, they can be excluded in cases where national security concerns outweigh the duty of fairness. The test to assess the validity of the claim of involvement of national security considerations is whether there is material to conclude that the non-disclosure of information is in the interest of national security, and whether a reasonable prudent person would draw the same inference from the material on record.

In the case of “Madhyamam Broadcasting Limited vs Union of India & Ors,” the Supreme Court found that the means adopted by the respondents did not satisfy the other prongs of the proportionality standard. The case has been significant in emphasizing the importance of natural justice and proportionality in ensuring fairness in legal proceedings, particularly in cases involving national security concerns.

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