TMI Blog2014 (2) TMI 1422X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Thus, in a situation of national security, a party cannot insist for 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 gover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon to consider in this case. 3. The Appellant was granted business of ground handling services on behalf of various airlines at different airports in the country. The ground handling service is subject to security clearance from the Central Government. Section 5 of the Aircraft Act, 1934 empowers the Government to make rules providing for licensing, inspection and Regulation of aerodromes and, thus, Aircraft Rules, 1937 have been framed. Rule 92 proves for ground handling services. The Rule reads as follows: 92. Ground Handling Services-The licensee shall, while providing ground handling service by itself, ensure a competitive environment by allowing the airline operator at the airport to engage, without any restriction, any of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilable in the file were classified as 'secret' and the same could not be shared with the Appellant and, thus, order dated 27.11.2008 withdrawing the security clearance was affirmed. That was challenged by the Appellant in the High Court leading to judgment dated 27.10.2009. 5. The learned Single Judge called for the files and they were produced in a sealed cover. According to the Single Judge the information that is available is an apology in support of the action. There was nothing at all to justify any such emergent action so as to avoid pre-decisional hearing . The court was also of the view that the principles of natural justice would have to be read into wherever any administrative action visits a person with civil conseque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nk that any reasonable authority concerned with security measures and public interest could have taken such a view. The emphasis laid in the report pertains to various realms and the cumulative effect of the same is the irresistible conclusion that it is adverse to security as has been understood by the authority. This Court cannot disregard the same and unsettle or dislodge it as if it is adjudicating an appeal. (Emphasis supplied) and thus, the appeal was allowed setting aside the order passed by the learned Single Judge. 8. Thus aggrieved, the Appellant is before us. 9. By order dated 17.05.2010, while issuing notice, this Court stayed the operation of the impugned judgment of the Division Bench. 10. Heard the counsels on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , who had to handle secret information vital to national security, were abruptly put under new conditions of service which prohibited membership of national trade unions. Neither they nor their unions were consulted, in disregard of an established practice, and their complaint to the courts would have been upheld on ground of natural justice, had there not been a threat to national security. The factor which ultimately prevailed was the danger that the process of consultation itself would have precipitated further strikes, walkouts, overtime bans and disruption generally of a kind which had plagued the communications headquarters shortly beforehand and which were a threat of national security. Since national security must be paramount, nat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be obviously undesirable that such matters should be made the subject of evidence in a Court of law or otherwise discussed in public. 14. According to Lord Cross in Alfred Crompton Amusement Machines v. Customs and Excise Commissioners ( No. 2) (1974) AC 405, Page-434: In a case where the considerations for and against disclosure appear to be fairly evenly balanced the courts should I think uphold a claim to privilege on the grounds of public interest and trust to the head of the department concerned to do whatever he can to mitigate the effects of non-disclosure. 15. 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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