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 The Evidence Act protects unpublished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