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Polity & Governance
Mahesh

19/02/23 14:29 PM IST

SC rejects sealed cover suggestions

In News
  • The Centre has told the Supreme Court that the “truthfulness” of allegations made by US short-seller Hindenburg Research against the Adani Group should be examined by an expert panel in order to protect investors.
Sealed Cover Jurisprudence
  • It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
  • While a specific law does not define the doctrine of sealed cover, the Supreme Court derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.
  • Rule 7 of order XIII of the Supreme Court Rules:
  • It is stated under the said rule that if the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information.
Exceptions-
  • If the Chief Justice himself orders that the opposite party be allowed to access it.
  • It also mentions that information can be kept confidential if its publication is not considered to be in the interest of the public.
  • Section 123 of the Indian Evidence Act of 1872:
  • Under this act, official unpublished documents relating to state affairs are protected and a public officer cannot be compelled to disclose such documents.
  • Other instances where information may be sought in secrecy or confidence are when its publication impedes an ongoing investigation, such as details which are part of a police case diary.
Issues
  • Sealed envelopes enlarges the scope for arbitrariness in court decisions, as judges are supposed to lay down reasoning for their decisions, but this cannot be done when they are based upon information submitted confidentially.
  • The state shouldn’t be granted such a privilege to submit information in secrecy, when existing provisions like in-camera hearings already provide sufficient protection to sensitive information.
  • The principles of natural justice demand that all parties in litigation get a fair chance to scrutinise evidence.
  • Not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.
Source- India Today

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