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ARTICLE · 22 APRIL 2021

Doctrine Of Sealed Cover

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Though the Supreme Court plays a pivotal role in ensuring transparency to engender public trust in state machinery and institutions, sealed covers are often used in matters...

IndiaGovernment, Public Sector

Though the Supreme Court plays a pivotal role in ensuring transparency to engender public trust in state machinery and institutions, sealed covers are often used in matters where national security and public peace is at stake. The use of sealed covers to produce evidence derives its legitimacy from a combined reading of the Indian Evidence Act, 1872 (Act) and the Supreme Court Rules. The Evidence Act protects unpublished official documents relating to the affairs of the State, and specifies that a public officer cannot be forced to produce any information whose disclosure can be detrimental to public interest.

In addition, Rule 7 of Order XIII of the Supreme Court Rules specifically states that no party or person will have the right to receive documents that the Chief Justice directs to keep in a sealed cover. The only exception to this is when the Chief Justice himself orders production of such a document to the opposite party. However, the need for a detailed

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