Forum "Culture of Transparency in Courts"
The Supreme Court has made it mandatory for all courts to follow its guidelines on following the sealed cover procedure. This is a landmark judgment. Good for democracy and a rap on the knuckles of all autocracies. The top court has observed that non-compliance of guidelines would perpetuate the culture of opaqueness and secrecy. Successive governments at the centre and states, have been submitting the desired information before the courts in sealed covers, strictly for the eye of the Bench. Reason: National security. Similar sealed cover procedure is used by the bureaucracy in public administration aspects like appointments, promotion, termination of service, vigilance matters, disciplinary cases etc. The opaque approach harms the interests of the affected parties in defending their cases effectively due to sealed cover information, to which they have no access. There is another fall out effect while implementing the RTI Act. It is common knowledge that the information sought under the RTI Act, more often than not, is withheld by the Public Information Officers (PIOs) on simplistic ground: breach of National security. While the Supreme Court is making all out efforts to make its proceedings transparent by making available transcripts of its live proceedings. The sealed cover procedure should not be allowed by courts unless they are convinced of the sensitivity of withheld information from the national security angle. Incidentally, it is as much damaging to the interests of aggrieved parties as the practice of giving unreasonable judgments by the subordinate judiciary. The top court is urged to look into it.
A K Saxena (A former civil servant)