Cable Television Network Rules, 1994:
s. 11C [as inserted by Cable Television Network (Amendment) Rules, 2012] – Initial permission granted u/r. 11C, cancelled on the ground that “security clearance” was not granted – Cancellation challenged in writ petition – High Court dismissed the petition – On appeal, held: Cancellation order was in conformity with the requirements of r.11C – Principles of natural justice also not violated as the applicant was not entitled to any prior notice before cancellation of permission – In cases of national security, a party cannot insist for strict observance of principles of natural justice – Principles of Natural Justice.
Dismissing the appeals, the Court
HELD: 1. The impugned order of cancellation was passed in conformity with the requirements of Rule 11C of Cable Television Network Rules, 1994 and hence it was rightly upheld by the High Court in impugned order. It is clear from mere reading of the Rule 11C(1) that grant of permission is subject to issue of security clearance from the Central Government to the applicant. In the present case, admittedly the appellant failed to obtain the security clearance. It was a mandatory requirement as provided under Rule 11C of the Rules. Since the grant of permission was subject to obtaining of the security clearance from the concerned Ministry, the competent authority was justified in cancelling the conditional permission for want of security clearance. [Paras 11,
13 and 14][90-G-H; 91-C-D]
2. In a situation of national security, a party cannot insist for the strict observance of the principles of natural justice. The principles of natural justice were not violated in the present case, inasmuch as the appellant was not entitled to claim any prior notice before cancellation of permission. [Paras 16, 18][92-E-F]
Ex-Armymen’s Protection Services Private Limited v. Union of India and Others (2014) 5 SCC 409 : [2014]
3 SCR 359 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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