Sealed cover reports violate principles of natural justice, open justice: SC
New Delhi (PTI): The Supreme Court on Wednesday slammed the practice of filing sealed cover reports in courts and said it violates both principles of natural justice and open justice.
The top court suggested that public interest immunity proceedings should be adopted in cases where the government is hesitant to disclose the contents of its intelligence reports.
It said public interest immunity proceeding is a less restrictive means to deal with non-disclosure on the grounds of public interest and confidentiality as the documents are completely removed from the proceedings.
The remarks came while the court was hearing a plea by Malayalam news channel MediaOne against the Kerala High Court's order which had upheld the Centre's decision to ban its telecast on security grounds.
The high court had relied on material which was disclosed solely to the court in a sealed cover by the Union Ministry of Home Affairs and said the MHA decision to deny security clearance was based on intelligence inputs received from various agencies.
A bench comprising Chief Justice DY Chandrachud and Justice Hima Kohli said the reports by investigative agencies impact decisions on the life, liberty, and profession of individuals and entities, and to give such reports absolute immunity from disclosure is antithetical to a transparent and accountable system.
The top court said it is imperative for the State to prove through the submission of cogent material that non-disclosure is in the interest of national security.
"It is the Court's duty to assess if there is sufficient material for forming such an opinion. A claim cannot be made out of thin air without material backing for such a conclusion. The Court must determine if the State makes the claim in a bona fide manner," the bench said.
The apex court said sealed cover procedures followed by the high court have rendered the channel's right to writ remedies a dry parchment.
"The nondisclosure of reasons for the denial of security clearance which is the sole ground for denying the permission to renew the license and the disclosure of relevant material only to the court in a sealed cover has rendered the appellant's procedural guarantees under the Constitution otiose. The appellants' right to writ remedies has been denied through a formalistic order by the High Court.
"The procedure that was followed by the High Court has left the appellants in a maze where they are attempting strenuously to fight in the dark. The non-disclosure of reasons for denial of security clearance to the appellants and the disclosure solely to the Court in a sealed cover has restricted the core of the principles of natural justice - the right to a fair and reasonable proceeding," the bench said.
The top court said to safeguard the claimant against a potential injury to procedural guarantees in public interest immunity proceedings it has a power to appoint an amicus curiae.
"The appointment of an amicus curiae will balance concerns of confidentiality with the need to preserve public confidence in the objectivity of the justice delivery process. The amicus curiae appointed by the Court shall be given access to the materials sought to be withheld by the State.
"The amicus curiae shall be allowed to interact with the applicant and their counsel before the proceedings to ascertain their case to enable them to make effective submissions on the necessity of disclosure," it said.
The apex court, however, said the amicus curiae shall not interact with the applicant or their counsel after the public interest immunity proceeding has begun and the counsel has viewed the document sought to be withheld.
"The amicus curiae shall to the best of their ability represent the interests of the applicant. The amicus curiae would be bound by oath to not disclose or discuss the material with any other person, including the applicant or their counsel," it said.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Mumbai-Pune Expressway ‘missing link’ to open on May 1; will improve travel safety: Shinde
Mumbai (PTI): Maharashtra Deputy Chief Minister Eknath Shinde on Sunday said the long-awaited ‘missing link’ on the Mumbai-Pune Expressway, aimed at bypassing the winding Bhor Ghat section and improving safety, will be inaugurated on May 1.
Shinde, who inspected the project site, said the new stretch will make the expressway fully access-controlled, easing congestion in the hilly section.
Chief Minister Devendra Fadnavis is likely to inaugurate the 13.3-km-long missing link, which connects Khopoli on the Mumbai side to Kusgaon near Lonavala, on Maharashtra Day, which is celebrated on May 1, he said.
The deputy CM said that 99 per cent of the project work has been completed. “I personally inspected the quality of work and found it satisfactory. The remaining minor works will be completed in the next few days,” Shinde said.
Shinde said the new alignment will bypass sharp curves and accident-prone stretches in the ghat section, helping reduce delays and improve commuter safety. He claimed accidents in the section would reduce substantially once the project becomes operational.
“The missing link project will make travel between Mumbai and Pune quicker, safer and more convenient, and will contribute significantly to the state’s development,” he said.
The Rs 6,700-crore project, developed by the Maharashtra State Road Development Corporation (MSRDC), includes two tunnels, high viaducts and a cable-stayed bridge over Tiger Valley.
The missing link will reduce the travel distance between Mumbai and Pune by approximately 6 km and shorten the journey time by 20 to 30 minutes, said officials.
Initially, only light motor vehicles and buses will be permitted on the new stretch to reduce congestion on the existing ghat section, officials said, adding that heavy goods vehicles will be prohibited due to safety concerns.
“There will be no toll hike because of the missing link project. No increase has been proposed at the Khalapur toll plaza either,” Shinde said.
The project comprises two eight-lane tunnels of 1.75 km and 8.92 km in length and two viaducts measuring 850 metres and 650 metres, said officials. It has been designed to bypass the old Khandala ghat section, a winding route that has long slowed down traffic and posed safety risks, said officials.
The 650-metre viaduct will feature what officials described as India’s tallest road cable-stayed bridge, with pylons rising to 182 metres, taller than those on the Bandra-Worli Sea Link.
Officials claimed that the tunnels have a width of 23.75 metres and are among the widest road tunnels in the world. An MSRDC official said the tunnel is likely to be included in the Guinness Book of Records.
The route runs beneath the Lonavala lake area and was executed in difficult terrain marked by heavy rainfall and strong winds, officials said.
Shinde said projects such as the missing link would boost access to tourist destinations such as Lohagad Fort, Visapur Fort and Karla Caves.
MP Shrirang Barne, former corporator Abasaheb Bagul, MSRDC Managing Director Anilkumar Gaikwad and senior engineers from executing agencies were present during the inspection, officials said.
Krishnamurthy Subramanian, executive chairman of construction and engineering company Afcons International Private Limited, said the journey to completion of “India’s highest road cable-stayed bridge” was challenging.
“The bridge, located in the Sahyadri region, presented extreme challenges, including narrow ridges that left little room for heavy machinery, sudden wind speeds reaching up to 100 kmph, and dense fog reducing visibility to a few metres. Despite these conditions, we are proud to deliver this engineering marvel,” he said.
The expressway, spanning approximately 95 km, holds the distinction of being India's first access-controlled highway.
