UNION OF INDIA versus RAJASTHAN HIGH COURT & ORS.

Citation: [2016] 8 S.C.R. 705 · Decided: 14-12-2016 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Case Partly allowed

Judgment (excerpt)

[2016] 8 S.C.R. 705 
UNION OF INDIA 
v. 
RAJASTHAN HIGH COURT & ORS. 
(Civil Appeal No. 717 of2006) 
DECEMBER 14, 2016 
[T. S. THAKUR, CJI, DR. D. Y. CHANDRACHUD AND 
L. NAGESWARA RAO, JJ.] 
A 
B 
Constitution of India - Art. 226 - Jurisdiction under - In 
public interest - Invoked suo moto by the High Court - On the basis 
C 
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 D 
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 
E 
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 F 
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 G 
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 Justices 
H 
705 
706 
SUPREME COURT REPORTS 
[2016] 8 S.C.R. 
A 
fiwn 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 
B 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 
c 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. 
0 
E 
F 
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. 
Allowing Civil Appeal No. 717 of 2016 and disposing of 
Transfer Petition (C) No. 75 of 2012, the Court 
HELD: Civil Appeal No. 717 of 2016: 
1.1 The High Court has transgressed the 'wise and self-
imposed' restraints on the power of judicial review by entertaining 
G the writ petition and issuing directions. The cause for invoking 
its jurisdiction suo moto was a news report in regard to a breach 
of security at Sanganer airport. Matters of security ought to be 
determined by authorities of the Government vested with the 
duty and obligation to do so. Gathering of intelligence information, 
formulation of policies of security, deciding on steps to be taken 
H 
UNION OF INDIA v. RA

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