MediaOne Ban: Freedom of Press and Sealed Cover Jurisprudence

 

By Anwarulhaq Baig

NEW DELHI; November 16, 2022: India’s position has slipped from 142nd to 150th among 180 countries in the latest World Press Freedom Index, while its tiny neighbour Nepal has climbed by 30 points, reaching 76th.

Recently, in a related matter, the Supreme Court has reserved its judgement over the ban on the Malayalam TV news channel – MediaOne.

The Union Government imposed the ban earlier this year, citing ‘national security’ reasons.

The union government submitted the documents supporting the ban argument in a ‘sealed cover’ before the Kerala High Court after MediaOne’s chief editor and the Kerala Union of Working Journalists challenged the central government’s ban order. However, the government did not disclose the content of the letter to MediaOne, which obstructed the TV channel from fighting its case in court strongly.

However, the Kerala High Court justified the government in submitting the documents in a ‘sealed cover’ and upheld the ban by not renewing its broadcast license.

But the main contention is: Can a ruling dispensation put a blanket ban on media outlets just by citing national security reasons or in the public interest, without disclosing the contents of the ‘sealed cover’ to the opposite party?

The question is essential because the matter involves freedom of the press guaranteed under Section 19 (1) (a) of the Constitution.

In a judgement on October 30, 1972, the Supreme Court told the Union Government, “It is indisputable that by freedom of the press is meant the right of all citizens to speak, publish and express their views. The freedom of the press embodies the right of the people to read. The freedom of the press is not antithetical to the right of the people to speak and express.”

While reserving the judgment in the matter on November 3, 2022, the two-Judge bench of the apex court, comprising Justices D.Y. Chandrachud and Hima Kohli, questioned the government for not sharing reasons with the petitioner for denying the channel’s security clearance.

During the hearing, Advocates Dushyant Dave, Huzefa Ahmadi, and Mukul Rohtagi, appearing for MediaOne, argued that the government should have, at least, shared a redacted copy of the ‘sealed cover’ documents with the other side so that they could defend themselves with a clear understanding. The advocates contended that the government had denied the petitioner’s right to defend themselves in the name of ‘sealed cover’ files, a breach of natural justice.

Supporting the channel’s argument, the bench observed that the Government should have given a chance to the TV channel to present its case in the light of sealed cover files.

Adv Dave, appearing for Madhyamam Broadcasting Ltd, the company that runs MediaOne, contended that security clearance is not required at the time of renewal of uplinking permission under the Cable Television Networks (Regulation) Act, 1995. He added that security clearance is merely needed when applying for a fresh licence.  Citing Arun Shourie’s case in 2014, Dave argued that the apex court had refused to accept the sealed cover documents. In P Chidambaram’s case of 2019, the Court held that denial of bail on the ground of sealed cover documents was unfair.

Appearing for MediaOne’s Chief Editor Pramod Raman, Adv Huzefa Ahmadi submitted that evasive phrases were used to not provide the specific ground for denying renewal of permission to MediaOne by the Government through its show cause notice. He argued that if a court accepts the claims of the Government in the present case, then any news channel whose views do not match with the ruling party’s can be banned simply stating that it breaches ‘national security’ and ‘public order’. Ahmadi also raised the issue of freedom of the press contemplated in Article 19(2) of the Constitution.

Appearing on behalf of the Kerala Union of Working Journalists, Adv Rohatgi criticized the whole procedure followed by the government to ban the channel and called it merely a formality devoid of the true spirit of natural justice. He argued that using language like ‘sensitive in nature’, ‘secret in nature’, and ‘matter of policy’ in the showcause notice and the subsequent order of the I&B Ministry does not pass the muster of Article 19(2) of the Constitution.

Justice Chandrachud asked the Additional Solicitor General K.M. Nataraj, representing the Union Government, “Mr Nataraj, the only thing is that the security clearance is granted or denied by a third party. What is the remedy then for a citizen who is denied permission?” Justice Chandrachud told ASG, “Essence of court proceedings is that anything relied on by one party should be disclosed to the other party. You (Union Government) are not saying they are offenders. Even when you file a charge sheet, however sensitive it is, the charge sheet discloses all the material. We are not even at that threshold. Here you are on security clearance. You may redact your sources of information, but can you decline the information based on which you are arriving at this conclusion? Even in detention under the National Security Act, you have to give grounds for detention. Now here you merely say that MHA has denied security clearance…the party should know what the breach of national security is.”

Pointing out that the Government does not even charge MediaOne for committing an offence before revoking its licence, the SC asked the ASG to justify the ban on the channel, which is already running for the last ten years. After seeing the ‘sealed cover’ files, the SC bench observed that some contents appear to be ‘vague’.

The MediaOne channel first got a telecasting license from I & B Ministry in 2011 for ten years. However, in January this year, the Ministry refused to renew its license, stating that the Union Home Ministry denied its security clearance due to ‘National Security’. When the ban was challenged in the Kerala High Court, the Union government had produced documents in a sealed cover to support the ban, which was not disclosed to the channel.

Relying on the sealed cover files, the single-judge bench of the Kerala high court upheld the ban on February 8, 2022. Later, the Malayalam channel filed an intra-court appeal against the High Court order, but the Kerala High Court dismissed it on March 2, 2022. 

Making strong remarks against the ‘sealed cover jurisprudence’, the Supreme Court delivered an interim order on March 15, 2022, staying the ban until final judgment, and allowing the channel to resume its operations. On March 15, Justice Chandrachud observed that he opposed the ‘sealed cover jurisprudence’. The court also expressed its intention to examine the larger issue of ‘sealed cover jurisprudence’, especially in the background of bans on media houses, including MediaOne. On the same day, in another case, the then Chief Justice of India, N.V. Ramana, too, reprimanded a counsel, “Please do not give sealed cover reports in this court. We will not accept it.”

Now, the apex court will decide whether judgements can be delivered just by relying on documents in a ‘sealed cover’.

indiatomorrow.net

Jamaat-e-Islami Hind expresses concern over reports of human rights violations in Jammu & Kashmir

 

New Delhi, 30 Nov.2021: Jamaat-e-Islami Hind (JIH) President Syed Sadatullah Husaini has expressed concern over reports of human rights violations in Jammu and Kashmir.

 

In a media statement, the JIH President said: “We are extremely concerned after reading the recent reports of civilian deaths in encounters in Kashmir. We are also disturbed to know that the families of those killed had to face great difficulties and delays in getting their bodies. The arrest of a prominent human rights activist by the NIA is also quite disconcerting. Terming civilians caught in the cross-fire, as part of the Over the Ground Worker (OGW) network, does not add to the credibility of the police which is not exactly very high in the eyes of the general public”.

 

Supporting the demand of an independent judicial probe into the encounter that resulted in death of civilians, Mr. Husaini said that justice should be done accordingly. He said, “the perception that exists in the minds of the Kashmiris that the government is trying to shield the guilty officials and soldiers and not ready to take any action against them will be further strengthened if such incidents keep occurring without any consequence and action by the government.”

 

Mr. Husaini has reiterated the JIH’s long-standing position that the affairs of Jammu and Kashmir must be resolved by talks, consultation and dialogue with the people of the state and their representatives. “Upholding democratic values and democratic institutions seems to be on the decline and it needs to be revived and strengthened. We wish to remind the government of its promise and responsibility to restore statehood and conduct elections at the earliest”, he added.

Muslim leaders say Tripura’s anti-Muslim violence tarnishes India’s image; demand inquiry into the role of police, actions against culprits

 

 

New Delhi, 06 Nov. 2021: Leaders of the four leading Muslim organisations of the country have demanded an inquiry into the role of the state police and administration in Tripura’s anti-Muslim violence, which tarnished the image of India, globally.

 

They were addressing a joint press conference today here at Press Club of India, orgniased by All India Muslim Majlis- e-Mushawarat (AIMMM), Jamaat-e-Islami Hind (JIH), Markazi Jamiat Ahle Hadees Hind and All India Milli Council, subsequently returning from Tripura’s violence affected areas. A joint delegation comprising of AIMMM Presdient Navaid Hamid, JIH Vice President Prof Salim Engineer, JIH Secretary Maulana Shafi Madani, Jamiat AhleHadees secretary Maulana Sheesh Taimi and Milli Council’s Shams Tabrez Qasmi visited the affected areas of state from 31^st Oct. to 2^nd Nov. 2021. They were joined by the state leaders of JIH, Students Islamic Organisation of India (SIO) and Imarat-e-Shariah (North-East).  According to the delegation’s report as many as 16 mosques were attacked in various parts of Tripura including two in the state capital Agartala, of which four were totally burnt down, and even copies of the Holy Quran were not spared.

 

Addressing the media persons, the community leaders have lamented that the Tripura violence tarnished the image of the country and it showed that the government is incapable of protecting the minorities and their places of worship.

 

Addressing the press conference, AIMMM president Navaid Hamid said, “Tripura does not have a history of communal violence and strife but ever since communal people have taken charge of the helm of affairs in the state, such incidents of communal violence and vandalism have started taking place. It seems that the communal violence in Tripura is a part of a political agenda to create communal and religious polarization throughout the country for political gains in other states, where assembly elections are fast approaching. The delegation stayed in Tripura for three days and met the victims, the local population including non-Muslims. We tried to meet the CM of Tripura and the DG Police, but they did not meet the delegation. These incidents of violence and vandalism did not occur spontaneously. They appear to be orchestrated. People were incited and provoked against Muslims. Promoting hate against a community is a big crime. Mosques were especially targeted so that the Muslim community is demoralized and their identity is attacked. They should be terrorized and become victims of fear and anxiety. This is extremely damaging for both Tripura and the entire country.”

 

Speaking on the occasion, JIH Vice President Prof. Salim expressed shock over the filing of cases and invoking the anti-terror law like UAPA against members of the fact find teams, journalists and activists for sharing the news of the anti-Muslim violence, instead of taking strong action against miscreants and rioters. He said, “the police and the administration should have taken timely action against the perpetrators of violence. If timely action were taken, then maybe these incidents of violence and vandalism could have been prevented. The anti-social elements and communal mischief mongers are emboldened by the belief that they will be shielded by the government.” 

 

Condemning the sharing of fake news and images on social media to create communal strife, hatred and fear among communities, Prof. Salim Engineer said, “We must check that and should not forward such content. In Tripura too, such fake news was created to spread fear and hatred. Islam also teaches us to verify news before spreading it.”

 

The press conference was also addressed by Milli Council’s Shams Tabriz Qasmi and Pervez Miyan. However, Muslim leaders expressed some satisfaction over the role of the common citizens of Tripura who have not participated in the unlawful activities of the goons of VHP and Bajrang Dal and had maintained peace and amity. “It is also noteworthy that Muslim community in spite of being the target of the perpetrators of violence had not reacted to any of the provocations and had maintained peace and tranquillity,” they added.

 

Muslims leaders, during the press conference jointly demanded the government to conduct an inquiry to find out the police officers who committed dereliction of duty during the violence. They said, “We feel that the police and the administration are directly under the state government and so the state government is also responsible for the violence in Tripura. The state government is yet to initiate any big action against those who perpetuated violence. We also demanded that the Tripura government should provide adequate compensation to the victims, repair the mosques that have been vandalized. The government must identify and arrest the culprits behind the dreadful incidents of violence that took place in Panisagar. The police have all the footage of the violence. Those police officers who did not prevent the violence should also be subject to enquiry and action must be taken against them.”

Jamaat-e-Islami Hind chief motivates orphan students for setting high goals in life

 

Group photo of JIH leaders and HWF officials with orphan students.

 

New Delhi, 31 Oct. 2021: Jamaat-e-Islami Hind (JIH) President Syed Sadatullah Husaini has motivated orphan students for developing self-confidence, setting big targets and consistently working hard along with strengthening relationship with Allah Almighty. Addressing  a programme of orphan students and their mothers here on Saturday organised by the Orphan Care Project run by Human Welfare Foundation (HWF),  Mr. Husaini gave them  motivational tips to achieve higher goals in life.

 

Pointing out that every child born in the world is gifted with one or the other qualities, the JIH president said one of the essential pre-requisites is the development of self-confidence in oneself to succeed in life. He has clarified that no matter how much a person is qualified, one cannot succeed without self-confidence. Another essential condition for success, he said, is setting higher goals and dreaming big for oneself. "The world is full of opportunities in every field and if one selects a high target, there is no reason why one will not succeed and achieve a high goal in life, he said, adding that consistent hard work is another essential requirement for success. He advised students to learn new things every day that would be a guarantee for their success in every field.

 

While these qualities will help one achieve greater heights and success in personal life, the Jamaat chief said, "strengthening relationship with Allah through offering five-time regular prayer ‘namaz’, studying the Holy Quran, books on the life of the Prophet Muhammad (PBUH), other Islamic literature, including biographies of the successful people in the world, is essential to make oneself become obedient to Allah and a useful member of the society." Explaining it, the JIH president said that if someone became an engineer but was not honest in his work, an overbridge that he designed might collapse. Likewise, a corrupt doctor, instead of treating and saving the life of patients, might kill the patients. Similarly, a politician lacking fear of Allah might cause immense damage to the entire country. He said that closeness to Allah would help reach greater heights in life.

 

Speaking about the aims and objectives of the Orphan Care Project going on for the last 12 years, HWF General Secretary Moazzam Naik has said that his organization has provisions to finance education of poor students even in the Oxford University or any other good foreign universities.

 

At this orphans’ scholarship distribution cum get-together programme, the students, who performed well in their examinations, were handed over gifts and financial aids by the JIH President, JIH Vice-President Mohammed Jafar, JIH secretary-general T. Arif Ali and Mr. Naik.

 

Briefing about the orphan project, its head Zahoor Ahmad said, "HWF and NGOs associated with it are currently offering scholarships to a total 4424 orphan students in 19 states. Besides this, he said that HWF built orphanages and ran empowerment programmes for orphans’ mothers that included skill development, livelihood support, financial assistance, socio-legal awareness, parenting sessions and counselling programmes.HWF has so far set up 10 orphanages in seven states, including West Bengal, Jharkhand, Bihar, Uttar Pradesh and Goa. Three orphanages are currently under construction: one in Rajasthan and two in Haryana.

 

The Women Education and Empowerment Trust’s (TWEET) General Secretary Mrs. Shaista Rafat also addressed the programme.

 

16 mosques vandalised, 3 set ablaze by violent Hindutva mobs in Tripura: APCR's Press Conference

 

 Video of Press Conference....

New Delhi, 27 Oct. 2021: Prominent civil rights body Association for Protection of Civil Rights (APCR) today held a press conference over the anti Muslim violence in the north eastern state of Tripura, which has been witnessing an alarming series of communal violence and targeted attacks against Muslims in the last week. The details were provided at a press conference by the Association for Protection of Civil Rights (APCR), where activists from Tripura and members of civil society spoke about the communal incidents of the last week and the current situation of the state.

According to information relayed by local activists and residents, there have been at least 27 confirmed incidents of Hindutva mobs attacking mosques, houses and individuals in Muslim areas. These include 16 incidents where mosques were vandalised and Vishwa Hindu Parishad (VHP) flags were forcibly hoisted on them. At least three mosques, Palbazar mosque in Unnakoti district, Dogra Masjid in Gomati district and Narola Tila in Vishalgarh were set on fire.

There are confirmed reports of Muslim houses being pelted with stones and houses of prominent Muslims being targeted and vandalised. Almost all of these attacks were carried out by various right-wing groups including VHP that had ostensibly gathered to protest anti-Hindu violence in Bangladesh.


"On Tuesday, the government imposed section 144 of Criminal Procedure Code in Dharmanagar and Kailashahar parts of North Tripura to prevent protests against the violence in the state. However, there has been no action in the areas which saw vandalism by the mob. The state and police authorities are creating an illusion of normalcy by deploying police personnel in a few areas," said Sultan Hussain, a resident of North Tripura, and secretary of Tripura chapter of Students Islamic Organisation of India (SIO).

APCR Secretary Nadeem Khan said that it doesn't seem that the state government wants to end the violence as it hasn't taken any concrete step yet. "The government is insisting that the situation is normal and continues to blame incidents in Bangladesh for the violence in the state. The irony is that so far 500 people have been arrested in Bangladesh, but the situation continues to be tense in Tripura," he said.

Jamaat-e-Islami Hind Secretary Malik Moatasim Khan appealed to the government to bring the situation in control and provide compensation for the destruction of mosques and other properties. "The Muslims in the state should be provided security and those responsible for the violence and terror should be punished in order to bring peace to the state," he said.