Former Supreme Court judge J Chelameswar on Wednesday, December 19, said that he wouldn’t have resorted to a “sealed-cover procedure” had he been hearing the petitions on Rafale deal. He also said that it was neither the norm nor the right thing to do.
“It [accepting a sealed-cover report] is not the norm and the right thing, but the law itself recognises in exceptional situations where certain information is to be protected. But what are those cases where the principle is rightly invoked… is a matter of individual analysis, but if it becomes a norm then it is not proper. If I was there I wouldn’t have done it, that’s all. I wouldn’t have resorted to this sealed-cover procedure,” Justice Chelameswar said.
Speaking to ET Now, he added that certain documents in a sealed cover in exceptional matters only, “Sealed-cover response is not the right thing in our judicial system. Sealed cover or in-camera proceeding is not the norm for Indian judiciary. In rare cases where information protection is needed, sealed cover can be opted for.”
The Supreme Court had recently dismissed a group of petitions that asked for a probe into the Narendra Modi-led BJP government’s decision to buy 36 Rafale aircrafts in April, 2015. The apex court, has since, received overwhelming criticism from both citizens and politicians from the Opposition about their decision to accept a sealed cover note on the pricing of the deal.
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