Why
“We need to put an end to this sealed cover practice in the Supreme Court… This is fundamentally contrary to the basic process of fair justice,” a bench led by CJI D Y Chandrachud said.
“I am personally averse to sealed covers. There has to be transparency in court… This is about implementing orders. What can be secret here,” the CJI said.
Last month, the apex court turned down the government’s move to submit in a sealed envelope suggestions about an expert panel in the Adani Group-Hindenburg row.
The practice
The doctrine of seal cover is used by the Supreme Court as well as lower courts of India to receive or approve information from government agencies in sealed covers. Only judges can access the envelope containing information.
There is no law specifying the sealed cover jurisprudence but the SC derives its power from Rule 7 of Order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.
Key cases
The apex court has accepted sealed covers submitted by the government in several important cases such as Bhima Koregaon, NRC in Assam, electoral bonds, the Rafale deal and the Ayodhya title dispute.
The OROP case
The Centre agreed with the Union government that payment of Rs 28,000 crore towards one-rank-one-pension (OROP) arrears for 21 lakh ex-servicemen at one go could impact defence preparedness and allowed staggered payment of arrears with the last instalment payable in February 2024.
The widows and gallantry award winners would receive their arrears by March 31, followed by those above 70 years by June 30 and the rest in three instalments in September, December and February 2024.