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.