‘Sealed cover contrary to judicial process,’ SC for putting an end to the sealed cover note practice

The Supreme Court on Monday declined to consider a sealed cover note by the central government on the payment of One Rank One Pension (OROP) arrears to ex-service personnel, saying it is fundamentally contrary to the judicial process and there cannot be secrecy in the court.

"We need to put an end to this sealed cover practice in the Supreme Court," a bench led by Chief Justice of India D Y Chandrachud told Attorney General R Venkataramani.

As the court asked the AG to share a note with senior advocate Huzefa Ahmadi, representing the ex-servicemen association, Venkatramani replied that it is a confidential note.

Read | SC gives Centre deadlines to clear OROP arrears

The bench, also comprising Justices P S Narasimha and J B Pardiwala, also wondered what could be secrecy in the matter, pertaining to the implementation of the court orders.

“I am personally averse to sealed covers. What happens is, we see something, he does not see. And we decide the case without showing it to him. This is fundamentally contrary to the judicial process. There cannot be secrecy in the court. The court has to be transparent,” the CJI said.

The bench further added that this is a payment of pension in pursuance of directions in the judgment of the court. The Chief Justice told the AG, “What can be the great secrecy in this?“

The AG submitted that there are some "issues of sensitivity".

The bench orally observed that it needs to put an end to this sealed cover procedure which is being followed in the Supreme Court because then the high courts will also start following. “And this is fundamentally contrary to the basic process of fair justice", the bench reiterated.

The court made these observations while hearing the Indian Ex-Servicemen Movement’s (IESM) plea over payment of OROP dues. Last week, the top court pulled up the central government for “unilaterally” deciding to pay OROP dues in four instalments.

It allowed a plea by the Union government for further time to make staggered payments of OROP arrears to ex-servicemen by February 28, 2024, as Centre said it faced a huge outgo of Rs 28,000 crore, payment at one go could have serious implications for the exchequer and defence management.

The bench said though it was upset with unilateral letter by defence ministry for payment of OROP arrears in instalments in breach of the top court's judgement to pay by March 15, it feels the national interest must not be lost sight of in view of difficulties cited by the Centre.

On March 13, the court asked the Ministry of Defence to come up with a roadmap for the payment of arrears under the One Rank One Pension (OROP) scheme by next week, and also told the ministry that it cannot take law in its own hands by issuing communication on payment of arrears in four instalments.