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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.
