Mains Question:
Question: Despite having legal identity, sealed covers are not used in accordance with any strict or detailed rules. Examine this statement in the light of recent increase in use of sealed cover jurisprudence.
Question Mapping
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Approach:
The demand of the question is analytical.
- Introduce the answer with what is sealed cover procedure.
- Mention the various instances where it has been used:
- Sahara India Real Estate Corp. Ltd. versus Securities and Exchange Board of India (2012)
- Sunil Bharti Mittal versus CBI (2015)
- Ratan N. Tata versus Union of India (2013)
- Electoral bonds case, Rafale case, Alok Verma Case (2019)
- Mention the issues with sealed cover jurisprudence
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- Against the Principles of Transparency and Accountability
- Reduce the Scope of Reasoning
- Obstruction to Fair Trial and Adjudication
- Arbitrary in Nature
- Discuss the pre-requisites must be developed by court to be established in order to seal a document or proceeding
- Example of essential pre requisite developed by the U.S. Supreme Court in U.S. versus Nixon (1974) case
- Closed material proceedings model of U.K
- Conclusion