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Retired Supreme Court Judge, Justice Chelameshwar commented on the practice of resorting to a sealed envelope in the Supreme Court during the hearing of Rafale deal case. Commenting upon the case, he was heard saying that it is not the right thing to do either by norm or morality and he would not have opted to do so. In his words, “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.”
This comment was delivered after the Apex Court had asked the Centre to provide details of the decision-making process in the Rafale fighter jet deal with France in a sealed cover. Making the matter worse, an application for correction was filed by the Ministry of Defence alleging misconception on Judge’s part. He further commented that while what these exceptions should be is a matter of individual analysis in each case, it should not become the norm.
Adding to this, Justice Chelameshwar also added that he found nothing wrong in courts correcting their own judgments as long as there were some mistakes. The Centre has urged the Supreme Court to correct certain portions of the Rafale Judgment.
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