Sealed Cover Jurisprudence

Why in the News?

A Bench led by Chief Justice of India D Y Chandrachud criticized the practice of “sealed cover” jurisprudence.

Key Points:

About

Sealed Cover Jurisprudence

• It is a practice used by the courts, of asking for information from government agencies in sealed envelopes that can only be accessed by judges.
• Its origin lies in the Indian Evidence Act of 1872.

When can the Court ask for information in a sealed cover?

• When information is connected to
  •  an ongoing investigation.
  •  involvement of personal or confidential information. 
  • if its publication is not considered to be in the interest of the public.

Issues involved:

• Against the idea of an Open Court.
• Enlarges scope of Arbitrariness
• Impacts Fair Trial

Recent Cases Involving Sealed Cover Jurisprudence:

• Rafale Fighter Jet Deal: the Centre to submit details related to the deal’s decision-making and pricing in a sealed cover. 
• In the 2G case, in which it had canceled a large number of licenses, the court had relied on sealed covers.