'Sealed Cover Procedure Fundamentally Against Judicial Process, Want To End It' : Supreme Court To Centre In OROP Case LIVELAW 20 Mar 2023 https://www.livelaw.in/top-stories/sealed-cover-procedure-fundamentally-against-judicial-process-want-to-end-it-supreme-court-to-centre-in-orop-case-224203
Attorney General for India R Venkatramani presented a sealed cover note before the bench led by Chief Justice of India DY Chandrachud. However, the bench flatly refused to accept the sealed cover note and stated that it has to be shared with the other side.
When CJI asked the AG to share the note with Senior Advocate Huzefa Ahmadi (who is representing the ex-servicemen), AG said, "It is confidential". However, CJI wondered what can be the secrecy here as the issue relates to the implementation of the Court orders.
"I am personally averse to sealed covers. What happens is, we see something, he does not see. And we decide the case without showing it to him. This is fundamentally contrary to the judicial process. There cannot be secrecy in the Court. The Court has to be transparent. Secrecy it is understandable in a case diary...the accused in not entitled to it, or something which affects the source of information or affects somebody's life. But this is payment of pension in pursuance of directions in our judgment. What can be the great secrecy in this? ", CJI told the AG.
AG however said that there are some "issues of sensitivity". "When you claim privilege, we have to decide that claim",CJI stated.
"We need to put an end to this sealed cover procedure which is being followed in the Supreme Court because then the High Courts will also start following. And this is fundamentally contrary to basic process of fair justice", CJI reiterated.
केंद्र सरकार के सीलबंद लिफ़ाफ़े पर भड़के D.Y. Chandrachud, दे दिया बड़ा आदेश https://www.youtube.com/watch?v=JmR-o0vd2iI