scam called SUN TV

Respected Sir,

Recent media reports have indicated that the Ministry of Home Affairs, Government of India has declined security clearance to Shri Dayanidhi Maran and his brother Kalanidhi Maran, promoters of SUN TV Network and Kal Cable Pvt. Ltd. paving way for their withdrawal from Broadcasting, FM Radio Channel and Cable Operations. Security Clearance from MHA is essential for Ministry of Information and Broadcasting to grant or renew licenses of any Radio, Cable or TV Channel. MHA has cited several cases of corruption, money laundering and illegal telephone exchange of BSNL being run from residential premises against the Maran brothers to deny the security clearance as these offences are critical and serious in nature and are potential threat to the economic and national security of India which are paramount.
However, on a reference from the Ministry of Information and Broadcasting, Shri Mukul Rahatagi, Ld. Attorney General of India gave the opinion that mere filing of cases/chargesheets against promoters of Sun TV Group is not sufficient ground to deny security clearance. AG further opined that right to freedom of speech
including dissemination of information is a fundamental right guaranteed under the Constitution of India. Reasonable restriction can be imposed on broadcasting and security clearance can be withheld only if the activities of the group are threat to the security of the state which is not the case herein. AG has further opined that denial of security clearance by MHA will not stand legal scrutiny/test.

In this connection your kind attention is brought to the fact that the Ministry of Home Affairs (MHA) has declined security clearance to SUN TV Network or Maran Brothers on the grounds that various cases viz. 2G Scam, money laundering and 300 odd telephone lines cases were pending against the Maran brothers. These charges are very serious in nature and are perceived to be a threat to the economic security of India. Due to denial of security clearance, Information and Broadcasting Ministry has not cleared/renewed the Broadcasting license of Sun TV Network and may not allow them to participate in future auction. It is learnt that PMO is likely to intervene to dissolve the impasse between MHA and I & B Ministry.
I & B Ministry cancelled the provisional MSO registration of M/s Kal Cable Pvt. Ltd. vide letter dated 20.8.2014 subsequent to denial of mandatory security clearance from MHA. This cancellation was challenged by M/s Kal Cable before Hon’ble Madras High Court vide Writ Petition No. 23444/2014 which was disposed off vide judgement dated 05.9.2014. In the said judgement, the Hon’ble Madras High noted with concern the gross abuse of official position by Shri Dayanidhi Maran, adoption of corrupt and unfair practices of incomprehensible nature to make unlawful pecuniary gains of unprecedented proportions, amassing of wealth on an unimaginable scale and registration of several criminal cases against the promoters of the said company. The High Court further observed that a time has come to hold that the abuse of official position by a person in power and amassing unlawful wealth of unprecedented proportions are
assault on the security of the nation.
Although Chennai High Court set aside the aforesaid cancellation order dated 20.8.2014 of I & B Ministry, it has not precluded the Central Government from initiating suitable action against Maran brother, Sun TV Network or their Cable Licenses in accordance with Cable Television Network (Regulations) Act, 1995 as amended from time to time but after affording them reasonable opportunity of being heard. Therefore, I have decided to bring to your kind notice the following submissions for kind consideration in national interest.
M/s Kal Cables Pvt. Ltd. was initially granted permission to operate Multi System Operation in Chennai city vide letter dated 30.9.2006 of I & B Ministry subject to security clearance from MHA. However, Shri Maran, using his clout as a Cabinet Minister in criminal conspiracy with some top officers, somehow managed to keep the file pending in I & B Ministry and did not forward the matter to MHA which constitute gross abuse of official position. In the aforesaid judgement dated 5.9.2014, Hon’ble Chennai High Court has directed for causing an investigation about the circumstances under which the file relating to the permission granted to Kal Cables was kept back for 7 years from 2006 till 2013 without being forwarded to the Ministry of Home Affairs.
In a recent landmark judgement (Ex-Armymen’s Protection Services Private Limited Vs. Union of India, 2014 (2) SCALE 676), Hon’ble Supreme Court of India observed that it is difficult to define in exact terms as to what National Security is. But, at the same time, the Supreme Court indicated in general terms that National Security would include - (1) Socio Political Stability; (2) Territorial Integrity; (3) Economic Solidarity and Strength; (4) Ecological balance (5) Cultural Cohesiveness and (6) External peace etc. What constitutes "security" is a matter of policy for the Government to decide and not for the court to define.
Further the Preamble to the United Nations Convention on Corruption, to which India is a signatory, can be advanced as one of the arguments to deny security clearance to Sun TV and associated companies. The UN Convention noted that all member states are concerned about the seriousness of problems and threats posed by corruption "to the stability and security of societies" and points to links between corruption and other forms of crime, "in particular, organised crime and economic crime, including money laundering" and that cases involving vast quantity of assets can threaten political stability and security of the country. The ED case of money laundering against Sun Network is worth more than Rs. 700 crore. Recently ED had attached Rs. 742.58 crore assets of Maran brothers. This is just a tip of the iceberg. The real scale of corruption and money laundering has much staggering figures. It may be recalled that the wrongful loss to the tune of several thousand crores was caused to the Government of India in the infamous 2G Scam cases. Such serious economic offences and money laundering have significant demoralising and adverse effect on the economic stability and consequently the stability of the nation itself. Allowing such blatant violators to run vital public services shall send wrong signals to the world and public at large. Some people are arguing that denying clearance to Sun TV will adversely impact your brainchild “Make In India” campaign and would discourage foreign investment. Such arguments are erroneous and highly misplaced. It would rather present an image of bold India where nobody can run away with serious fraud and financial misdemeanour which has consistently marred our image in the past.
I am of the firm belief that Unlawful Activities (Prevention) Act, 1967 should be invoked against Sun TV Network and their promoters to deny them clearance for broadcasting and cable business. This Act has empowered the Parliament to impose reasonable restrictions in the interests of sovereignty and territorial integrity of India, on the:
Freedom of Speech and Expression;
Right to Assemble peacefully and without arms; and
Right to Form Associations or Unions.
The object of this Bill was to make powers available for dealing with activities directed against the integrity and sovereignty of India. Serious economic offences are crime against the nation. Running illegal telephone exchange from residence at the expense of the Government by misusing public authority itself entitles the Maran brothers to be branded as anti-India. In order to restore public faith and transparency in governance, it is suggested that MHA should invoke this Act and notify SUN TV Group as an unlawful organisation under section 3 of the said Act to deny license to Sun TV. more