'Sealed Covers' Affect Judges' Minds, Create Bias: Sr Adv Dushyant Dave Tells Supreme Court In Media One Case

During the hearing, Senior Advocate Dushyant Dave appearing before a Bench comprising Justices D.Y. Chandrachud and Hima Kohli, on behalf of the channel objected to 'sealed files' submitted by the Ministry before the Court. He beseeched the Bench to settle the law with respect to, 'whether sealed covered affidavits or materials can be given by parties to the Court behind the back of the other parties and whether the court can rely upon such material for depriving the other side of having access to it'.

He argued that sealed covers handed over to the Court under the pretext of national security, prejudices the opposite party and creates bias in the minds of the judges. 

"This is a very serious fundamental problem and goes against the principle that in a proceedings, both sides should have access to material that other side relies on.What is bothering me more is that if you have a sealed cover does it not create a bias in the mind of a judge or not. Because the moment the judges sees the sealed cover and there it is written national security the judges are on guard. Because national security is a catch phrase across the country. Repeatedly this is happening in the country."

He submitted that this is repeatedly happening across the country and citizens must know whether sealed cover affidavits can be given by the parties to the court behind the back of the other party.

Justice DY Chandrachud said that last week in a matter pertaining to Permanent Commission of Naval Officers, the Bench noted that sealed cover report was handed over to AFT which was relied upon, while the other side did not get an opportunity to have a look at the contents of the same.  He added -

"It was a service matter even then it was given in sealed cover."

Dave then pointed that even in foreign jurisdictions, sealed cover reports are not appreciated. "In the Nixon's case where the American Supreme Court had come down very heavily on this," he said.

Earlier also, the Supreme Court had observed that it is "averse" to sealed cover process and said that it will examine the validity of this process. The bench said that the fact that it has perused the files given by the Ministry should not be construed as an approval of the sealed cover process.

MediaOne Case : Will Decide Sealed Cover Issue, Says Supreme Court

The case relates to telecast ban imposed by the Union Government on Malayalam news channel MediaOne.

On March 15, the Court had stayed the order of the Ministry of Information and Broadcasting which refused to extend the license for the channel under the Cable TV Network Regulation Act. It had passed the interim order in a special leave petition filed by the company running the channel assailing the Kerala High Court's judgment of upholding the decision of the Ministry of Information and Broadcasting to not renew the broadcast license of the channel.

The bench had passed the order after examining the files produced by the Ministry of Home Affairs raising security concerns regarding the company running the channel.

The channel had contended that the Ministry did not divulge the reasons for its decision. It also took objection to the High Court dismissing its petition based on the sealed cover documents furnished by the Centre, without sharing the contents with the petitioner.

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