S P ANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri S. P. Anand, the petitioner is present in person.

(2.) Shri Anand makes a prayer for recalling the order which has been passed by this Court on 17-6-99 by which his writ petition bearing No. 795/99-SP Anand v. Union of India and others, was dismissed. Shri Anand has placed reliance on the observations of the Supreme Court in some cases. There cannot be a debate that the ratio of the decisions of the Supreme Court are binding on all Courts of India in view of Article 14 of the Constitution of India. Nonetheless, the ratio has to be applied to the particular case keeping in view the facts and circumstances of that case. The situation which arose on account of Kargil infiltration was unique in the history of India. Such situation was not faced by our nation in the past as it faced its face in the relevant period.

(3.) In our opinion, the public interest cannot be more than national interest and national security. There could be reasonable restriction on the rights of the citizens as indicated by some previous judgments of the Supreme Court like Minerva Mills' case. National security assumes far more importance than the right of information, bestowed on a citizen. Therefore, this Court did not find it necessary to open hearing of this writ petition, keeping in view the national interest and the national security. Petitioner is at liberty to approach the concerned persons for the purpose of getting extra information as he thinks. Everybody knows that one army officer, one air force officer and one officer from the Government administration was sitting and was giving the necessary information to public at large on television. If the petitioner is not satisfied with that, none can restrict him from approaching aforesaid officers or other concerned officers or other important officers forming the Government machinery.