Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India - Art. 226 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India - Art. 226 - Jurisdiction under - In public interest - Invoked suo moto by the High Court - On the basis of a news report with regard to a breach of security at Sanganer Airport - Thereafter by a Circular dated 1.5.2002 issued by Bureau of Civil Aviation Security, Union Government exempted certain categories of "VVIPs/V!Ps" from pre-embarkation security checks at civil airports in the country - Registrar General of the High Court addressed a communication to the Union Government requesting to exempt the Chief Justice of the High Court from pre- embarkation security checks - Subsequently, the Chief Justices of the High Courts were also included in the list of exempted persons - The High Court by the impugned order directed the Union Government to include the Chief Justices and the Judges of the High Courts in the list of persons exempted from pre-embarkation security checks by amending circular dated 1.5.2002 - The High Court also formulated certain suggestions for framing a National Security Policy - On appeal, held: The High Court, by invoking its iurisdiction u/Art. 226 suo moto and by issuing the directions, has transgressed the wise and self-imposed restraii1ts on the power of iudicial review - The High Court by formulating suggestions for framing National Security Policy travelled far beyond the legitimate domain of Judicial Review - Judicial Review is concerned with the legality of executive action and court can interfere only where there is breach of law or a violation of the Constitution - Matters of security ought to be determined by the authorities of the Government - Formulation of security policy is based on information and inputs which are not available to the court - Court is not an expert in such matters - There was also no occasion for the High Court to direct exclusion of the Chief Justices from security check as the Union Government had already exempted the Chief Justicesiwn sec}lrity check - Moreover, the cause for which suo moto writ petition was registered, found no place in the ultimate directions - Judicial Review - Judicial Discipline/Restraint. Pursuant to a report in a newspaper regarding breach at security at Sanganer Airport, Jaipur, Rajasthan High Court took suo moto cognizance of the report and a public interest petition was registered. During pendency of the petition, by a Circular dated 1.5.2002 issued by Bureau of Civil Aviation Security exempted certain categories of VVIPsNIPs from pre-embarkation security checks at civil airports in the country. Thereupon Registrar General of the Rajasthan High Court requested the Ministry concerned to exempt the Chief Justice of the High Court from pre-embarkation security checks. The Ministry declined to accede to the request. However, subsequently the Chief Justices of the High Courts were also included in the list of exempted persons. Thereafter, the High Cowi disposed of the petition directing inclusion of the Chief Justices and Judges of High Court in the list of persons exempted from pre-embarkation security checks. The High Court also formulated certain suggestions for formulating a National Security Pol icy and further directed the Government to consider it. Hence the present appeal. In the Transfer Petition (wherein transfer of Special Appeal before High Court was sought) also High Court while issuing notice to Bureau of Civil Aviation Security, made certain observations which were unrelated to the issue involved. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2016 INSC 1122 |
Petitioner | Union Of India |
Respondent | Rajasthan High Court & Ors. |
SCR | [2016] 8 S.C.R. 705 |
Judgement Date | 2016-12-14 |
Case Number | 717 |
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