Sealed cover procedures violate both principles of natural justice and open justice, the Supreme Court held on April 5.
Key points
- The Supreme Court told the courts in the country to do away with the practice of relying on reports that are usually submitted by the Centre and states confidentially to help the courts reach final decisions.
- Disapproving of the sealed cover procedure, a bench, headed by Chief Justice of India Dhananjaya Y Chandrachud, held that such a practice infringes the core of the principles of natural justice – the right to a fair and reasonable hearing.
- Secrecy broods partiality, corruption and other vices that are antithetical to a governance model that is premised on the rule of law, said the bench.
- In the Madhyamam Broadcasting Limited vs Union of India & Ors case, the bench set aside the Kerala high court order affirming the Centre’s ban on Media One channel after relying on certain materials shown only to the judges in a sealed cover.
- The court noted that neither the Centre nor the high court disclosed even the summary of the reasoning for denying security clearance to the channel.
- The apex court said that the freedom of press which is protected under Article 19(1)(a) has effectively been trumped without providing them with an effective and reasonable avenue to challenge the decision.
- The bench allowed the challenge to the order of the MIB and judgment of the High Court on account of the principles of natural justice constitutionalized by its judgment in its 1978 ruling in “Maneka Gandhi vs Union of India”.
