EX. ARMYMEN'S PROTECTION SERVICES P. LTD. versus UNION OF INDIA AND OTHERS

EX. ARMYMEN'S PROTECTION SERVICES P. LTD. versus UNION OF INDIA AND OTHERS

In matters involving national security, the principles of natural justice do not require strict compliance, and the courts must provide for statutory exclusion where appropriate. The determination of what constitutes national security is an executive matter that should not be subject to judicial review, and reasons need not be disclosed to the affected party. Since the appellant's security clearance had already expired, further factual determination was unnecessary.

Parties
Appellant: Ex. Armymen's Protection Services P. Ltd.; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
26 February 2014
Procedural Posture
Civil Appeal / Appeal Disposed of by Supreme Court
Outcome
Appeal disposed of
Legal Topics
Security Policy, Natural Justice, National Security, Airport Ground Handling Agencies
Administrative Law Security Policy Natural Justice National Security Airport Ground Handling Agencies

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ex. Armymen's Protection Services P. Ltd.

Appellant

Union of India and Others

Respondents

Procedural Posture

Civil Appeal / Appeal Disposed of by Supreme Court

Legal Issues

  1. 1 Whether any reasonable restriction, limitation or exception to the principle of natural justice is permissible in the interest of national security

Ratio Decidendi

In matters involving national security, the principles of natural justice do not require strict compliance, and the courts must provide for statutory exclusion where appropriate. The determination of what constitutes national security is an executive matter that should not be subject to judicial review, and reasons need not be disclosed to the affected party. Since the appellant's security clearance had already expired, further factual determination was unnecessary.

Court Disposition

Appeal disposed of

Orders

  • No order as to costs