The Doctrine Of Sealed Cover Jurisprudence: An Analysis

Navya Arora, NLC, Bharati Vidyapeeth Deemed University, Pune

ABSTRACT

Sealed cover jurisprudence is a practice where Supreme Court or any other subordinate court may either ask or directly accept information presented in sealed covers which can only be accessed by the judges and the information remains inaccessible to any of the parties related to the case. During the tenure of the former Chief Justice of India, Rajan Gogoi, the doctrine of sealed cover jurisprudence was used in multiple cases. Even though sealed cover enjoys legal recognition, there aren’t any stringent guidelines put in place for its usage.

The quandary occurs as justice may be served by both disclosure and non- disclosure of the information. On the one hand, the concept provides a measure to protect sensitive documents which may wreak havoc on national security and public peace, while on the other, it is in defiance of the principles of open court system. Excessive and ad hoc use of this practice may lead to violation of principles of fair trial, open justice and natural justice Therefore, whether this practice is acceptable or not is under scrutinization by the judiciary and drafting of legitimate standards for use of such practice is considered an absolute necessity in order to protect judicial transparency.