oppn parties Kerala HC: Allowing The Government A Free Pass On National Security

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Kerala HC: Allowing The Government A Free Pass On National Security

By Our Editorial Team
First publised on 2022-02-14 03:06:05

About the Author

Sunil Garodia The India Commentary view

Rule of law envisages that every complaint or appeal is disposed of in the manner prescribed by law. Due process demands that accusations against a party are clearly spelled out and the party is allowed to present its case before the law and defend its stand. But in the MediaOne case, the Kerala HC chose to treat the reasons given by the Centre (in a sealed envelope) for cancelling MediaOne's licence as gospel truth, did not disclose it to the party and did not allow it to defend its position. It summarily dismissed the appeal.

The government had canceled MediaOne's licence citing national security concerns. In the Pegasus case, the Supreme Court had categorically said that the government cannot get a "free pass" every time the spectre of national security is raised in court. If the Centre proceeds against anyone for reasons of national security, it has to spell out in detail why it thinks the same will be in danger if action is not taken. The courts will have to examine the facts and decide on merit. But it is wrong if courts choose to accept the Centre's submission without allowing the other party to know what it is being accused of and giving it a chance to defend itself.

The Centre is using everything in its command to curb the freedom of the press. Journalists are hounded for speaking the truth and sedition charges are slapped on them. As per a new rule, the same undefined terms like national security and disturbing law and order will now be used to deny accreditation. Journalists are doing their jobs under tremendous pressure. The government should respect that and must recognize that a free press is vital for democracy. 

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