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2019 (1) TMI 2026

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..... pta, Chinmayee Chandra, Advs. for Gurmeet Singh Makker, Adv. JUDGMENT ABHAY MANOHAR SAPRE, J. In Civil Appeal No. 120 of 2019 (Arising out of S.L.P. (C) No. 33244 of 2015) 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 30.10.2015 of the High Court of Judicature at Bombay in Writ Petition No. 58 of 2015 whereby the Division Bench of the High Court dismissed the writ petition filed by the Appellant herein. 3. The controversy involved in this appeal lies in a narrow compass as would be clear from the facts stated hereinbelow. 4. By letter dated 12.06.2012 (Annexure P-2) the Appellant was granted permission by the Government of India Under Rule 11C of the Cable Television Network (Amendment) Rules .....

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..... earing for the Union of India-Respondent filed the copy of the reasons in a sealed cover which was made basis to deny security clearance to the Appellant and which led to cancellation/withdrawal of permission granted to the Appellant. The document filed is taken on record for perusal. 10. Having heard the learned Counsel for the parties and on perusal of the record of the case, we find no merit in this appeal. 11. In our considered opinion, the impugned order of cancellation was passed in conformity with the requirements of Rule 11C of the Rules and hence it was rightly upheld by the High Court in impugned 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 mul .....

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..... and Ors. (2014) 5 SCC 409 in para 16 and 17 which read as under: 16. 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 the State or not. It should be left to the executive. To quote Lord Hoffman in Secy. of State for Home Deptt. v. Rehman: (AC p. 192C) [in the matter] of national security is not a question of law. It is a matter of judgment and policy. Under the Constitution of the United Kingdom and most other countries, decisions as to whether something is or is not 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 nation .....

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