Thread by @lawbarandbench

#SupremeCourt continues hearing plea regarding revocation of security clearance of MediaOne news channel.

ASG continued his arguments.

ASG: They cannot say that security clearance has to be given at stage of renewal.

SC: But when you issue a notice surely you have to tell them the grounds?

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ASG reads from pleadings.

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ASG: "The Appellant cannot insist on natural justice principles at the time of security clearance which is a matter of policy and not for the Court to decide"

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Justice Kohli: We had never heard of a statement being taken off record by an ASG.

Justice Chandrachud: You must note the circumstances. Why counsel not be allowed to examine the file even when the challenge comes up? Deciding it ex parte will be so unfair.

SC: They will not know what went on in our minds.

ASG: Matter of substantial national security.

SC: You did not claim privilege before the High Court. You can show them the redacted file.

Justice Kohli: How will they address your concerns?

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SC: What is so much there in the file ... ?

Justice Chandrachud says he is personally not a proponent of the sealed cover.

SC: But we cannot expand its footprints where it is not necessary.

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Justice Kohli: We are trying to ask if there are extraneous circumstances?

ASG: The files are confidential and decision is taken even for judges appointments based on IB reports. can they be divulged?

Justice Kohli: Here it is a diff nature of transaction...

Justice Kohli: because they are disseminating news. Can we draw parity with judicial appointments?

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SC: Mr Ahmadi Kaur reflect on his suggestion that we should look at the file and decide.

Ahmadi: i will keep my ammunitions for after lunch, but my preliminary submission is even the HC had seen it.

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Hearing to continue post lunch break.

Hearing resumes.

ASG continues reading from pleadings.

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SC: Some of these judgments cited will need to be discussed.

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ASG: They may have a reasonable right but not a vested one.

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Justice Chandrachud: Mr Ahmadi what do you think of them being ready to show us the file. I and my brother judge Justice Surya Kant have seen it, my ld sister here has not. But so much water has also flown under the bridge since.

Rohatgi says has no objection but...

cites SP Velumani judgment in which CJI led Bench objected to sealed covers.

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Bench goes through the file

SC: Just highlight the relevant paragraphs. It is not like it is a murder mystery that we want to see 5000 pages.

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SC: Mr Nataraj you also see the file. We will keep the index so we can refer the page numbers. We want your assistance. See the report at ... It is nothing detailed but now you can see why the HC made those observations. What do you say on that?

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ASG: Cannot say anything on facts, do not want there to be debate.

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SC: We will examine those 2 judgments and keep it next week. We feel guilty of keeping your offices ...

Ahmadi: I can finish in 10 minutes. But alright. But if your lordships are not satisfied after seeing the report, the interim report can be made absolute.
Rohatgi: Shortcut

SC: We have to give reasons.

Ahmadi: Will address my lords on the obiter in those 2 cases. They have nothing to do with the freedom of the press, they are freedom of occupation.

SC: But they were cable

Ahmadi: yes but not press.

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Ahmadi explains that one of the judgment in turn relies on another which still says court has to be satisfied that national security grounds actually exist.

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Ahmadi reading a judgment highlights that doctrine of proportionality needs to be followed when restricting financial rights.

SC: Observations have to be read in context with those in Anuradha Bhasin.

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*Correction: the above argument was by Adv Huzefa Ahmadi.

SC asks Ahmadi about ASG's point that clearance can be needed even at renewal stage.

Ahmadi: It will have implications for all press.

SC: Mr Nataraj please give us the file with index till we dictate the order.

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Ahmadi: If his contention is accepted, then that means the last time I renewed also clearance was done. What changed since then?

Order: Hd ld Counsel. Judgment reserved.

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