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Ex. Armymen's Protection Services Pvt. Ltd. v. Union of India and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 2876 of 2014)Decided 26 Feb 2014
Civil Appeal No. 2876 of 2014
Justice Sudhansu Jyoti Mukhopadhaya · Justice Kurian Joseph

Background

An airport ground-handling company challenged withdrawal of its security clearance without disclosure of confidential material. Different High Court benches reached different factual views after examining the files. The company appealed, arguing that it had not received the usual opportunity to answer the allegations.

Decision Breakdown

The Supreme Court explained that justified national-security concerns can limit ordinary disclosure and hearing requirements. Courts may inspect the underlying files to satisfy themselves that such concerns genuinely arise, while leaving security policy judgments to the executive. It did not resolve the parties' disputed factual contentions or finally approve the particular withdrawal on its merits. The original five-year clearance had already expired, so the appeal was disposed of without further merits examination.

Lesson Learnt

A security-clearance holder may face limits on access to sensitive information, but the national-security basis can still be scrutinised by a court. This decision's discussion should be read alongside its actual disposal: the expired clearance made a final factual ruling unnecessary.

Official source (sci.gov.in)View Judgment (PDF)

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