New Delhi: The Supreme Court on Monday decided to examine the validity of the national security clearance granted to Sun TV network to enable it to participate in the public auction for obtaining FM Radio licence.
A Bench of Chief Justice T.S. Thakur and Justice D.Y. Chandrachud issued notice to the Centre seeking its response to a public interest writ petition filed by BJP Member of Parliament Subramanian Swamy challenging the security clearance and licence granted by Sun TV network after it participated in the FM radio auction. Dr Swamy submitted to the court that the Government of India had framed guidelines in the nature of Standard Operating Procedure for national security clearance. He said the Sun TV network was granted national security clearance to participate in the e-auction process of private FM radio channels and airways held by the Central government.
He said the Madras and Delhi high courts had approved the security clearance to a company which is facing criminal proceedings for the serious economic offences arising from Aircel-Maxis scam.
He said initially the Home Ministry had refused security clearance to Sun network but the Finance Ministry sought the opinion of the Attorney General, who said refusal to permit Sun network to participate in auction will be unconstitutional as the company had only been chargsheeted and there is no conviction. The effect of this opinion was that clearance was granted and Sun network participated in the auction and obtained licence for FM radio channels.
When the CJI asked Dr. Swamy whether his contention was that once charges are framed against a company, it cannot participate in any public auction on ethical grounds. If the company is found to be involved in money laundering or corruption, it cannot participate in auction process, the CJI observed and Dr Swamy acknowledged it. The Bench then issued notice to the Centre seeking its response so that the court can lay down guidelines on security clearance.
