Is the position taken by the CJI something new? Not really. The court has expressed this view even before this week, last month, and in October last year. Some examples:
Under what circumstances does the court seek information in a sealed cover? This can happen in broadly two kinds of cases: (i) when the information is connected to an ongoing investigation and, (ii) when the information is personal or confidential in nature. It is understood that in the first situation, an ongoing investigation could be impeded b...
So what is the problem then? The secrecy could end up preventing a party from having a full overview of the charges against them. Also, sealed covers are at a fundamental level incompatible with the idea of an open court and a transparent justice system.
In March 2022, in a case involving the Bihar government, a three-judge Bench headed by then CJI Ramana insisted that all arguments should be made in open court.
Later that same day, Justice Chandrachud, during the hearing on an appeal against the Centre’s ban on the Malayalam TV channel MediaOne
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