TMI Blog2019 (1) TMI 2026X X X X Extracts X X X X X X X X Extracts X X X X ..... btain the security clearance as provided Under Rule 11C of the Rules. It was a mandatory requirement as provided Under Rule 11C of the Rules. Since the grant of permission was subject to obtaining of the security clearance from the concerned Ministry, the competent authority was justified in cancelling the conditional permission for want of security clearance. Having perused the note filed by the Union of India, which resulted in cancellation of permission, it is opined that in the facts of this case, the Appellant was not entitled to claim any prior notice before passing of the cancellation order in question. The principles of natural justice were not violated in this case in the light of the law laid down by this Court in the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellant was granted permission by the Government of India Under Rule 11C of the Cable Television Network (Amendment) Rules, 2012 (hereinafter referred to as the Rules ) for operating as Multi System Operator (MSO) in the Digital Addressable System (DAS) notified areas vide notification dated 11.11.2011. 5. This permission was, however, cancelled by the Government of India vide order dated 03.09.2014 on the ground that the Ministry of Home Affairs has denied issuance of security clearance to the Appellant. In other words, since the Ministry of Home Affairs did not grant security clearance to the Appellant, the permission initially granted to the Appellant vide letter dated 12.06.2012 was cancelled. 6. Challenging the order of can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gned order. 12. Rule 11C was inserted in the Rules with effect from 28.04.2012. Rule 11C(1) reads as under: 11C. (1) Registration as multi-system operator-(1) On being satisfied that the applicant fulfils the eligibility criteria specified Under Rule 11B and the requirements of Rule 11A, the registering authority shall, subject to the terms and conditions specified in Rule 11D and the security clearance from the Central Government, issue certificate of registration. 13. It is clear from mere reading of the Rule 11C(1) that grant of permission is subject to issue of security clearance from the Central Government to the applicant (Appellant in this case). 14. In this case, admittedly the Appellant failed to obtain the security cle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the interests of national security are not a matter for judicial decision. They are entrusted to the executive. 17. 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 governing the field. Depending on the facts of the particular case, it will however be open to the court to satisfy itself whether there were justifiable facts, and in that regard, the court is entitled to call for the files and see whether it is a case where the interest of national security is involved. Once the State is of the stand that the issue involves nati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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