Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Atomic Energy Act 1962 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Section 18-Restriction-On disclosure of information-Power of Central Government-Held: Central Government empowered to restrict disclosure of certain information to the public-Such power neither uncontrolled nor unguided. Constitution of India, 1950: Article 19(1) (g).Right of information-Nature of-Held: ls a facet of 'speech and expression' and therefore, a fundamental right.Right of information-Reasonable restriction on-Imposed by S. 18 of the Atomic Energy Act, 1962-Permissibility of-Held: The Act dealt with a restrictive subject-Hence, prohibition of disclosure of information imposed by S. 18 a reasonable restriction.Articles 32 and 226-Judicial review-Scope and power of-Order passed by Central Government regarding non-disclosure of certain information to the public-Whether amenable to judicial review-Held: The Court would not normally exercise its power a/judicial review unless the order suffers from mala fide, dishonesty or corrupt practice-The order passed by Central Government did not suffer from such infirmities-Hence not interfered with.Evidence Act, 1872:Section 123-Evidence as to affairs of State-Documents-Immunity from disclosure-Claim of privilege-Held: In order to claim such immunity the documents must relate to affairs of State and that such disclosure must be against interest of State or public interest.Interpretation of Statutes:. Constitutionality of an Act-Presumption of-Held: Even extends to a A law, which imposes reasonable restrictions on fundamental right. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2004 INSC 20 |
Petitioner | Pepole's Union For Civil Liberties And Anr. |
Respondent | Union Of India And Ors. |
SCR | [2004] 1 S.C.R. 232 |
Judgement Date | 2004-01-06 |
Case Number | 4294 |
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