Sealed Cover Jurisprudence

  • IASbaba
  • February 21, 2023
  • 0
Indian Polity & Constitution
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Context: The Chief Justice of India D.Y. Chandrachud firmly refused the ‘suggestions’ offered by the government in a sealed cover on the formation of a proposed committee to enquire into the Hindenburg report on the Adani Group

About Sealed Cover Jurisprudence:

  • It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
  • While a specific law does not define the doctrine of sealed cover, the Supreme Court derives its power to use it from Rule 7 of Order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.
  • It is normally used in only one of two situations:
  • ongoing investigations that are part of the police journal, and
  • disclosure of confidential or private information.
  • Important cases where have been used: 2014 BCCI reforms case, Bhima Koregaon case, Rafale fighter jet deal, National Register of Citizens (NRC) in Assam.

Source:  The Hindu

Previous Year Questions

Q.1)  Consider the following statements. (2022)

  1. Pursuant to the report of the H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed.
  2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves.
  3. The Constitution of India defines Civil Contempt and Criminal Contempt.
  4. In India, the Parliament is vested with the power to make laws on Contempt of Court.

Which of the statements given above is/are correct?

  1. 1 and 2 only
  2. 1, 2, and 4 only
  3. 3 and 4 only
  4. 3 only

Q.2)  With reference to India, consider the following statements:

  1. Judicial custody means an accused is in the custody of the concerned magistrate and such an accused is locked up in a police station, not in jail.
  2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

Which of the statements given above is/are correct? (2021)

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

 

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