Principles of Natural Justice IV

Posted on by Rudrajyoti Nath Ray

Security Clearance is Mandatory – The Cable Television Network (Amendment) Rules, 2012. 

My Lord, Principle of Natural Justice, Fair Play Overlooked?

“In similar circumstances, in Ex-Armymen’s Protection Services Private Limited, (2014) 5 SCC 409 the following was laid down:

“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; left to the Executive. In a ‘situation of national security’, a party cannot insist for the ‘strict observance’ of the Principles of Natural justice. The Court is entitled to see whether it is a case where the ‘interest of national security’ is involved.”

Appellant was not entitled to claim any ‘prior notice’ before ‘cancellation order’. Principles of Natural Justice were not violated.”

– Hon’ble Justice Abhay Manohar Sapre, Digi Cable Network (India) Pvt. Ltd. v. Union of India, [Civil Appeal No. 120 of 2019].

'The Last Word' seeks to include not only wise and witty sayings of the judges but also curiosities of lawyers and the law. This blog is not of obligation but of delight. I frankly confess my ignorance of much that ought to be included from overseas jurisdictions; and I utter a gentle prayer that those who know better would lighten my darkness. I am confident that I am not alone in my refusal to believe that the law is tedious or that the Indians really like all their law dull. For all that has escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.