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2011 (12) TMI 655 - DELHI HIGH COURT

2011 (12) TMI 655 - DELHI HIGH COURT - TMI - LPA No. 673/2010 - Dated:- 9-12-2011 - RAJIV SAHAI ENDLAW J. Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Satinder Kapur, Mr. Manish Gandhi and Mr. Dhiraj Philip, Advocates for the Appellants. Mr. Ravinder Agarwal, CGSC for UOI for the Respondent. JUDGMENT RAJIV SAHAI ENDLAW, J. 1. The appellants being dissatisfied with the dismissal on 16th April, 2010 by the learned Single Judge of W.P.(C) No.8989/2009 preferred by them have filed this appeal. Notice of .....

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ants after the close of hearing, have handed over a short note of arguments. 2. The writ petition was filed impugning the order dated 13 th May, 2009 of the FIPB of revocation of the approval earlier accorded on 14th February, 2008 to the appellants to undertake activities of GSM based Cellular Telephone Services all over India. The FIPB withdrew the approval for the reason of security clearance having not been granted to the appellants. Consequently, relief in the petition was also claimed for .....

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aving been made on objective criteria. The learned Single Judge has also expressed satisfaction that the material available with the respondents justified the withdrawal of security clearance earlier granted to the appellants. 5. The plea of the appellants, of the appellants being entitled to disclosure of such information before the same could be used to affect them, was negatived by the learned Single Judge expressing satisfaction with the defence of the respondents that the disclosure of the .....

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. Vs. Telecom Regulatory Authority of India 146 (2008) DLT 455 (DB). Mention was also made by the learned Single Judge of People's Union for Civil Liberties Vs. Union of India (2004) 2 SCC 476 and Vishnu Ram Borah Vs. Parag Saikia (1984) 2 SCC 488. 6. The learned Single Judge has held that though the appellants may have satisfied the other requirements of the policy concerning FDI, the security angle was a crucial factor and lack of security clearance in the instant case was a valid ground f .....

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7. We have not only perused the files containing the intelligence inputs but also the minutes of the meetings of the FIPB. We affirm the findings of the learned Single Judge that neither any case for mala fides or victimization is pleaded or made out, nor is any found to be borne out from the files. The FIPB itself has evaluated the various inputs received from the Security Agencies and has on the basis thereof objectively reached a conclusion that the clearance earlier given to the appellants n .....

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Corporation Kamgar Union (Regd.) Sindri v. UOI (1981) 1 SCC 568 held that judicial interference with the administration cannot be meticulous in our montesquien system of separation of powers and the Court cannot usurp and the parameters of judicial review can never be exceeded. The Apex Court in Balco Employees Union (Regd.) v. UOI (2002) 2 SCC 333 extended the said principle further to spheres of economic policy and disinvestment. 8. The senior counsel for the appellants has of course taken us .....

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