Days after Attorney General Mukul Rohatgi gave an opinion that the Information and Broadcasting Ministry should grant security clearance to 33 television channels of Sun TV, BJP leader Subramanian Swamy said that he may approach the Supreme Court against AG’s opinion.
He has tweeted that it was shocking that the AG gave a contrary opinion to I&B after Home Minister declined security clearance to Sun TV and that it was time for him to go to SC:
Shocking that after Home Minister declines security clearance to Sun TV the AG gives a contrary opinion to I&B !!! Time for me to go to SC
— Subramanian Swamy (@Swamy39) June 19, 2015
It is pertinent to mention that the Ministry of Home Affairs (MHA) had denied the security clearance to Sun TV’s 33 channels. Kalanithi Maran and his wife hold about 75 per cent share in Sun TV network.
However, the AG is reported to have opined that corruption cases against the promoters of the Sun TV network should not be a ground to deny security clearance and that investigating agencies can continue probing cases which are essentially corruption related and not impinge on security issues. He reportedly opined that not granting security clearance to 33 channels of Kalanithi Maran-promoted Sun TV Network was not legal in view of the fact that agencies are probing cases related to corruption and not security. He was of the opinion that corruption cases cannot be the ground to deny security clearance and that cancellation can be legal only if there is a threat to the security of the nation.
However, the Home Ministry is reported to be not in agreement with Mukul Rohatgi’s legal opinion. The MHA is reported to have pointed out that the case examined by them clearly states that the owner of Sun TV is facing serious charges, including money laundering, which affects the economic security of the country and that in such a situation, the ministry cannot give security clearance.
It is noteworthy that Attorney General is the top-most law officer of the Government of India and is appointed under Article 76 of the Constitution of India, as per which it shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters. However, while it is AG’s duty to render his legal advice to the Government, his advice is not binding on the Government. Article 76 is reproduced below:
“76. Attorney-General for India.—(1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney-General for India.
(2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.
(3) In the performance of his duties the Attorney-General shall have right of audience in all courts in the territory of India.
(4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.”
The security clearance has been denied to the Sun TV network mainly due to the fact that the Maran brothers are facing a CBI probe into the alleged allotment of 300 high-speed BSNL telephone lines to the Chennai residence of the former Communications and Information Technology Minister, Dayanidhi Maran, which were extended to Mr. Kalanithi Maran’s channel. Moreover, there are two other pending criminal probes against the Sun TV Network and Mr. Kalanithi Maran – the Aircel-Maxis case being investigated by the CBI and the ED case of alleged money laundering.
