In this historic judgement, the Supreme Court bench headed by the Chief Justice has simultaneously emphasised the inviolability of freedom of the press and has also put a brake on the Centre s.
In matters where the non-disclosure of information is justifiable on national security grounds, courts should appoint an amicus curiae to consider claims of immunity made by the state from disclosure on public interest grounds.
There is no doubt that the Supreme Court's judgment in this case is a valuable contribution to proportionality jurisprudence. However, the sheer complexity of the tests laid down makes this very much a case of “the proof of the pudding”.
MediaOne TV was banned by the Information and Broadcasting Ministry after the Union Ministry of Home Affairs refused to give clearance to the channel, citing “security reasons”.