The Supreme Court on Friday asked the Centre to provide a copy of its revised security clearance policy to BJP leader Subramanian Swamy who has sought framing of “foolproof” guidelines to grant such clearances to companies.
Swamy, in his plea, had sought a direction to the Ministry of Home Affairs (MHA) to frame a “foolproof” and “consistent” 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.
A bench of Chief Justice J S Khehar and Justice D Y Chandrachud granted a week’s time to MHA to provide documents including the amended policy to Swamy and fixed his plea for final hearing.
The direction came after the government informed the court that the revised policy was ready.
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 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 had allowed 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.
Dealing with the nod to Sun Group to take part in the auction process of FM radio channels, Swamy had said the MHA had refused security clearance and the then attorney general had overturned its objection and gave opinion in favour of the group whose promoters are facing prosecution in the Aircel-Maxis scam.
Seeking guidelines from the court, the plea said that inadequate security clearance policy of the government and the two judgements of the Delhi and the Bombay high courts can be used as a ground to bypass the “mandatory security clearance process by the companies” which could pose a threat to national security.
It was alleged that “inadequacy” and “non-uniformity” in security clearance policy of the government has created this problem where a “tainted person or a company” can be part of a process which can have serious impact on the national security.