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TMI Blog2014 (2) TMI 1422X X X X Extracts X X X X X X X X Extracts X X X X ..... ve, receive a fair and unbiased hearing before the decisions are made. The principle is traceable to the Fundamental Rights under Part III of the Constitution of India. Whether any reasonable restriction or limitation or exception to this principle is permissible in the interest of national security, is the issue we are called 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o afford a post decisional hearing. There was also a direction that the Appellant should be furnished materials relied on by the Respondents for withdrawal of the security clearance, without disclosing the source of information. The BCAS accordingly passed order dated 20.04.2009, holding the view that documents available 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 avai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , etc. the same is not actually correct. We have already, after perusal of the report, stated earlier that it contains many more things and the basic ingredients of security are embedded in it. The report is adverse in nature. It cannot be said to be founded on irrelevant factors. We are disposed to think 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 thu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iples of natural justice is "only an arbitrary boundary". To quote further: The right to a fair hearing may have to yield to overriding considerations of national security. The House of Lords recognized this necessity where civil servants at the government communications headquarters, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... based on ground of national security. (Emphasis supplied) 13. The Privy Council in The Zamora (1916) II AC 77, held as follows at page-107: Those who are responsible for the national security must be the sole judges of what the national security requires. It would 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. 18. Be that as it may, on facts we find that the security clearance granted to the Appellant by order dated 17.04.2007 for a period of five years has already expired. To quote: I am directed to inform you that background check or the company has been conducted and nothing adverse has been found Companies security clearance shall be valid for a period of five years from the date of this letter at the end of which a fresh approval of this Bureau is mandatory. (Emphasis supplied) 19. In that view of the matter, it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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