SC refuses to hear PIL on grant of security clearance to firms

The Supreme Court today refused to hear a plea of BJP leader Subramanian Swamy challenging the Centre's recent policy guidelines on grant of security clearances to companies, saying a PIL against a policy decision cannot be entertained.
A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said the PIL jurisdiction was "meant for poor".
Disposing of the PIL of the BJP leader, the bench said he should approach the government as he was part of it.
Swamy, who filed an amended writ petition in pursuance of the apex court's July 31 order, had sought a uniform national policy for grant of security clearances to firms in which the Ministry of Home Affairs (MHA) should have a primary role.

He had referred to the business transaction rules to highlight the point that security aspects fell under the exclusive domain of the MHA and other government departments were not equipped to deal with the issue.
"There is a policy of the central government. How policy will be implemented would depend on case-to-case basis," the bench said, adding that the question was whether PIL jurisdiction, which is meant for poor, can be invoked in policy matters.

Earlier, the top court had allowed Swamy to amend his plea challenging recent policy guidelines of the Centre on grant of security clearances to companies.

Swamy had moved the apex court seeking a direction to the MHA to frame guidelines for granting of security clearances to firms, including those who want to run FM radio channels and are accused of economic offences.
Swamy had pointed out that the new policy was even "worse" as instead of MHA, which was equipped with Intelligence Bureau (IB), the power has been given to other ministries like Information and Broadcasting which are competent deal with pleas for grant of security clearances.
The recent guidelines have entrusted the I and B ministry with the authority to grant clearances to firms desirous to run FM radio channels.

Swamy, in his plea, had sought a direction to the MHA to frame "consistent" guidelines for grant of security clearances to firms accused of economic offences, from taking part in public auctions including grant of licenses to run FM radio channels.
The Rajya Sabha MP had earlier submitted that the Delhi and the Bombay high courts had taken divergent views on the issue of security clearance by the MHA while dealing with the e-auction process of private FM radio channels.
The Bombay HC had held that the grant of security clearance fell under the exclusive domain of the MHA, the plea had said, adding that the Delhi High Court, on the other hand, had allowed the Sun Group (controlled by Kalanithi Maran and former telecom minister Dayanidhi Maran, who are accused in the Aircel-Maxis scam case) to bid for the airwaves auction.

Seeking guidelines from the court, Swamy's plea said that "inadequate" security clearance policy of the government and the two judgements of the Delhi and the Bombay high courts could be used as a ground to bypass the "mandatory security clearance process by the companies" which could pose a threat to national security.