The Supreme Court of India has recognized that the use of the sealed cover procedure can infringe upon the principle of open justice, and has therefore developed an alternative process for protecting sensitive information. The Public Interest Immunity Claim Procedure (PIIC) has been created to ensure that information can be protected while still maintaining the principles of transparency and open justice.
The sealed cover procedure has been used in Indian courts for many years to protect sensitive information that might be relevant to a case, but which cannot be disclosed publicly for reasons of national security or other concerns. In recent years, however, there has been growing concern that the use of sealed covers may be infringing upon the principle of open justice, which requires that court proceedings be conducted in an open and transparent manner. Under the PIIC, parties seeking to withhold information must file an application with the court outlining the reasons why the information should not be made public. The application will then be evaluated by a designated judge, who will balance the interests of open justice and national security before making a decision about whether or not to withhold the information. If the judge decides that the information should be withheld, the decision will be subject to judicial review, and the court may provide a summary of the information in the public domain if appropriate. The Supreme Court’s decision to adopt the PIIC represents a significant departure from the use of sealed covers, which have been criticized for being opaque and lacking transparency. The new procedure aims to balance the competing interests of national security and open justice in a fair and transparent manner, and has been welcomed by legal experts and civil society organizations. The PIIC is not the first attempt to address concerns about the use of sealed covers in Indian courts. In 2019, the court issued guidelines for the use of sealed covers, which required parties to provide a summary of the information being withheld, and stated that the use of sealed covers should be limited to cases where the information was absolutely necessary for the adjudication of the case. The PIIC represents a further step towards ensuring that court proceedings in India are conducted in a transparent and open manner, while still allowing for the protection of sensitive information where necessary. Legal experts have praised the move, noting that it represents a significant shift towards greater transparency and accountability in the Indian judicial system.
Written by Nidhi Bhadauriya, student of 2nd semester BA.LLB from Vivekananda Institute of Professional Studies
