Strict implementation of principles of natural justice can be done away with in a case relating to national security, the Supreme Court on Friday said.
"In a situation of national security, a party cannot insist on the strict observance of the principles of natural justice. In such cases, it is the duty of the court to read into and provide for statutory exclusion, if not expressly provided in the rules governing the field," a bench of justices SJ Mukhopadhaya and Kurian Joseph said.
The bench said it is not for the court to decide what is in the interest of national security which should be left to the government.
"It is difficult to define in exact terms as to what is national security. However, the same would generally include socio-political stability, territorial integrity, economic solidarity and strength, ecological balance, cultural cohesiveness, external peace, etc.
"What is in the interest of national security is not a question of law. It is a matter of policy. It is not for the court to decide whether something is in the interest of state or not. It should be left to the executive," the bench said.
The bench, however, said it will be open to court to satisfy itself whether there were justifiable facts, and in that regard, the court is entitled to calling for the files and see whether it is a case where the interest of national security is involved.
The bench passed the order on a plea filed by airport ground handling firm, Ex. Armymen's Protection Services Ltd, challenging the Centre's decision to cancel its security clearance without giving any reason.
The Centre had contended that reasons for cancelling security clearance cannot be disclosed to the company as it pertains to national security.
The bench, after hearing all sides, held that principles of natural justice demands that fair and unbiased hearing must be given to an affected party but it can be waived in case of national security.
Article referred:http://zeenews.india.com/news/nation/natural-justice-principles-can-be-waived-in-national-security-matters-sc_914935.html
"In a situation of national security, a party cannot insist on the strict observance of the principles of natural justice. In such cases, it is the duty of the court to read into and provide for statutory exclusion, if not expressly provided in the rules governing the field," a bench of justices SJ Mukhopadhaya and Kurian Joseph said.
The bench said it is not for the court to decide what is in the interest of national security which should be left to the government.
"It is difficult to define in exact terms as to what is national security. However, the same would generally include socio-political stability, territorial integrity, economic solidarity and strength, ecological balance, cultural cohesiveness, external peace, etc.
"What is in the interest of national security is not a question of law. It is a matter of policy. It is not for the court to decide whether something is in the interest of state or not. It should be left to the executive," the bench said.
The bench, however, said it will be open to court to satisfy itself whether there were justifiable facts, and in that regard, the court is entitled to calling for the files and see whether it is a case where the interest of national security is involved.
The bench passed the order on a plea filed by airport ground handling firm, Ex. Armymen's Protection Services Ltd, challenging the Centre's decision to cancel its security clearance without giving any reason.
The Centre had contended that reasons for cancelling security clearance cannot be disclosed to the company as it pertains to national security.
The bench, after hearing all sides, held that principles of natural justice demands that fair and unbiased hearing must be given to an affected party but it can be waived in case of national security.
Article referred:http://zeenews.india.com/news/nation/natural-justice-principles-can-be-waived-in-national-security-matters-sc_914935.html
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