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february 2014

Supreme Court of India · 2014-02-26

EX. ARMYMEN'S PROTECTION SERVICES P.LTD. vs UNION OF INDIA .

Citation / case number
SC 2010/14749
Court
Supreme Court of India
Petitioner
EX. ARMYMEN'S PROTECTION SERVICES P.LTD.
Respondent
UNION OF INDIA .
Author
KURIAN
Bench
KURIAN JOSEPH SUDHANSU JYOTI MUKHOPADHAYA

Judgment text excerpt

The Supreme Court ruled that the principle of natural justice, rooted in the Fundamental Rights under Part III of the Constitution, mandates a fair hearing before adverse decisions are made. The Court examined whether exceptions to this principle are permissible in the interest of national security, particularly in the context of security clearances under Section 5 of the Aircraft Act, 1934 and Rule 92 of the Aircraft Rules, 1937. The Court held that the withdrawal of security clearance without a pre-decisional hearing violated the principles of natural justice, thus affirming the need for procedural fairness even in matters of national security.

EX. ARMYMEN'S PROTECTION SERVICES P.LTD. vs UNION OF INDIA . · Niyam