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2014 (2) TMI 1422 - SC - Indian LawsPrinciples of Natural Justice - Fundamental Rights under Part III of the Constitution of India - Whether any reasonable restriction or limitation or exception to this principle (of natural justice) is permissible in the interest of national security - HELD THAT:- It is now settled law that there are some special exceptions to the principles of natural justice though according to Sir William Wade [Administrative Law, 10th Edition, H.W.R. Wade & C.F. Forsyth, Pages-468-470], any restriction, limitation or exception on principles of natural justice is "only an arbitrary boundary". 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. 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 national security, the court shall not disclose the reasons to the affected party. It has become unnecessary for this Court to go into more factual details and consideration of the appeal on merits - Appeal disposed off.
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