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Union Of India Through The Indian Army vs The State Of Maharashtra And Ors on 29 April, 2016

104. As held by the Division Bench of this Court in TCI Industries ::: Uploaded on - 02/05/2016 ::: Downloaded on - 03/05/2016 00:00:11 ::: 86 / 98 WP/452/2012 (supra) and Akbar Travel of India (Pvt) Ltd (supra) as also Nagangs International Hotels Pvt Ltd (supra) whether the security point raised by the petitioner is merely a bogey or a matter of substance is not a question which the Court can decide in a petition under Article 226 of the Constitution of India. This aspect should be squarely left to the Defence Authority. It is not for this Court to pronounce the aforesaid aspect as it is completely in the realm of the Defence Department. Ultimately, sensitive and vital installations have to be safeguarded and protected from entry of persons who are considered to be undesirable and a security risk. The writ court does not possess any expertise in such cases. The Court cannot indulge in guess work and hold that the security concern expressed by the petitioner is not bonafide. In the present case, security of CMS is involved and we are not prepared to accept that for any extraneous reason the present petition is instituted.
Bombay High Court Cites 38 - Cited by 0 - R G Ketkar - Full Document
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