Home Case Index All Cases FEMA FEMA + HC FEMA - 2011 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (3) TMI 345 - HC - FEMADemand - Penalty - Condonation of delay - The validity of section 24 read with Second Schedule to the Act has been assailed on the ground that right to information is a fundamental right and it has to be treated with sanctity and the bar created under the Act is contrary to Article 19(1)(a) of the Constitution of India - Regard being had to the basic principles, which we have stated at the very inception, it is to be seen whether the provision under attack really offends the constitutional principles because of right to seek information under the Act in respect of certain institutions is excluded - As noticed below, Article 19(2) of the Constitution also carves out exception in the matters relating to interests of sovereignty and integrity of India and the security of the State - Article 19(1)(2), which deals with reasonable restriction, mentions a reasonable restriction which pertains to security of the State, integrity of India and public order - the legislature has taken care to see that matters relating to human right violation and corruption are not excluded because they are of paramount concern to any citizen and for the economic growth of the country - we perceive that the provision is not arbitrary and unreasonable to invite the wrath of Article 14 of the Constitution of India - Petition is dismissed
|