Sealed Cover Jurisprudence and Related Issues-The Hindu-04-11-2022

Sealed Cover Jurisprudence and Related Issues-The Hindu-04-11-2022
GS-2
POLITY
CONTEXT :The Supreme Court of ask information from government agencies in sealed envelopes about media ban that can only be accessed by judges.


What is 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.

A specific law does not define the doctrine of sealed cover.

The Supreme Court derives its power to use it from Section 123 of the Indian Evidence Act of 1872.

Criticism of such acts

Critics of this practice contend that it is not favorable to the principles of transparency and accountability of the Indian justice system.

It stands in contrast to the idea of an open court, where decisions can be subjected to public scrutiny.

It is also said to enlarge the scope for arbitrariness in court decisions, as judges are supposed to lay down reasoning for their decisions.

Besides, it is argued that not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.

How has judiciary responded to this?

In the 2019 judgment in the case of P Gopalakrishnan V. The State of Kerala, the Supreme Court had said that disclosure of documents to the accused is constitutionally mandated.

This is possible even if the investigation is ongoing and said documents may lead to breakthrough in the investigation.

Prominent cases of sealed jurisprudence

Sealed cover jurisprudence has been frequently employed by courts in the recent past.

(1) Rafale Deal

In the case pertaining to the controversial Rafale fighter jet deal, a Bench headed by CJI Ranjan Gogoi in 2018, had asked the Centre to submit details related to deal’s decision making and pricing in a sealed cover.

This was done as the Centre had contended that such details were subject to the Official Secrets Act and Secrecy clauses in the deal.

(2) Bhim Koregaon Case

In the Bhima Koregaon case, in which activists were arrested under the Unlawful Activities Prevention Act.

The Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover