Hindi English Translation || Editorial || Sealed justice: On sealed cover jurisprudence

Sealed justice: On sealed cover jurisprudence

Supreme Court should lay down (formulate, stipulate, set down, draw up, frame) the limits of using sealed cover material to adjudicate (निर्णय देना, न्याय करना, सुलझाना) cases

In refusing to entertain (विचार करना सहमत होना) ‘sealed covers’ submitted by the government or its agencies (department, unit, branch, division, section, sector), the Supreme Court has made a noteworthy (worthy of mention, significant, important, noticeable, interesting) and welcome shift (खिसक जाना, बदलें, स्थानांतरित करें) away from this unedifying (असंशोधित, अरुचिकर, अप्रिय, अवांछनीय) practice. At least two Benches (a court of law with a number of judges) have spoken out against it. Recently, in the Muzaffarpur shelter home (आश्रय गृह) sexual abuse (शोषण, दुर्व्यवहार, गाली देना) case, Chief Justice N.V. Ramana wondered (आश्चर्य होना) why even an ‘action taken’ report should be in a sealed (closed securely) envelope. The use of material produced in a ‘sealed cover’ as an aid (सहायता, सहारा, पालन) to adjudication (arbitration, settlement, resolution, verdict) is something to be strongly discouraged (हतोत्साहित करना, रोकना, टालना) and deprecated. However, it gained much respectability (सम्मान) in recent years, with contents withheld from lawyers appearing against the government, but being seen by the judges alone. Unfortunately, in some cases, courts have allowed such secret material to determine the outcome (परिणाम, नतीजा). In a recent instance (उदाहरण, घटना, अवस्था), the Kerala High Court perused (read carefully, look through, inspect, examine) confidential (गोपनीय, विश्वसनीय, अप्रकाश्य) intelligence (सूचना, तथ्य, विवरण) inputs produced in a sealed envelope by the Union government to uphold (confirm, endorse/approve, vindicate/validate) the validity (legal acceptability, authenticity, correctness) of orders revoking the broadcasting permission given to Malayalam news channel Media One on the ground (reason, factor, basis) of national security. It is quite disconcerting (discomfiting, unsettling, disturbing, troubling) to find that courts can rule in favour of (in support of, to the advantage of, approving of) the government without providing an opportunity to the affected parties to know what is being held against (to use something as a reason to have a bad feeling of someone) them. In this backdrop (situation, scenario, context), it is significant that the Supreme Court has decided that it will examine the issue of ‘sealed cover jurisprudence’ (न्यायशास्त्र, कानूनी प्रणाली) while hearing the channel’s appeal (plea, request, petition). For now (for the time being, for the moment), the apex court has stayed (stop, delay, or prevent something temporarily (a judicial proceeding/trial through the order of a court)) the revocation (cancellation, repeal, annulment, abolition, invalidation, withdrawal/reversal) order and allowed the channel to resume broadcasting.

It is true that the law permits the submission (proposal, presentation (of documents for consideration or judgement)) of confidential material to the court in some cases. In addition (additionally, as well, apart from, besides), courts can order some contents to be kept confidential. The Evidence Act also allows the privilege (advantage, right, benefit, prerogative, entitlement) of non-disclosure (secrecy, privacy, confidentiality) of some documents and communications (talk, conversation, discussion, speaking). Even when authorities (officials, officialdom, the people in charge, the government, the administration, the establishment, the bureaucracy, the system) claim (state, affirm, declare, indicate) privilege over classified ((officially) private, personal, intimate, secret) material, they had no objection (opposition, argument, counter-argument, disapproval, dissent, disagreement) to judges perusing them to satisfy themselves about the claims (rights, entitlement). The government usually justifies the submission of secret material directly to the court, citing (refer to, adduce, make reference to, invoke) national security or the purity (morality, goodness, righteousness) of an ongoing investigation. Courts have often justified entertaining material not disclosed to the parties by underscoring (underline, emphasize, accentuate) that it is to satisfy their conscience (morals, standards, values, principles, ethics, creed, beliefs; a sense of right and wrong, moral sense, inner voice). However, the practice sometimes has undesirable consequences (result, outcome, ramification, repercussion, implications). It compromises (undermine, weaken, be detrimental to, damage) the defence (protection) of those accused of some crimes, especially those involving an alleged (supposed, claimed, professed, purported, reported, ostensible) threat to national security, or money laundering (a secret act of moving illegally acquired funds into legal bank accounts or investments) and corruption. Undisclosed material is often (frequently, many times, again and again, repeatedly) used to deny bail (conditional, temporary release of an arrested/imprisoned person when a specified amount of security is deposited or pledged (as cash or property) to ensure his/her appearance in court when required), something the apex court criticised the Delhi High Court for doing in a case against former Union Minister P. Chidambaram. It observed that recording a finding (conclusion, decision, result, resolution, recommendation) based on material kept in a sealed cover was not justified. The main mischief (bad behaviour, misconduct, mischievousness, perversity) of the ‘sealed cover’ practice lies (be present, be contained, exist) in the scope it gives the state to avoid deep (intense) scrutiny (examination, inspection, investigation) of the need and proportionality (the quality of being in relation to severity, quantity, degree, period of something) of its restrictions on freedom. The time has come for the Supreme Court to determine and circumscribe (restrict, limit; regulate) the circumstances (situation, conditions, state of affairs) in which confidential government reports, especially those withheld from the other side, can be used by courts in adjudication.

Courtesy: The Hindu

Important Word List With Meaning

1.jurisprudence (noun)

Hindi Meaning - न्यायशास्त्र, कानूनी प्रणाली
English Meaning - legal system.

2.adjudicate (verb)

Hindi Meaning - निर्णय देना, न्याय करना, सुलझाना
English Meaning - adjudge, judge, decide, settle, resolve.

3.entertain (verb)

Hindi Meaning - विचार करना सहमत होना
English Meaning - consider, give consideration to, take into consideration; agree to, approve of, support to.

4.shift (noun)

Hindi Meaning - खिसक जाना, बदलें, स्थानांतरित करें
English Meaning - change, move.

5.unedifying (adjective)

Hindi Meaning - असंशोधित, अरुचिकर, अप्रिय, अवांछनीय
English Meaning - distasteful; unpleasant, undesirable (public event).

6.shelter home (noun)

Hindi Meaning - आश्रय गृह
English Meaning - a shelter home is a place to take refuge or a temporary arrangement if you are in urgent need or emergency. These shelter homes also serve as government-aided hostels. People who are vulnerable or homeless or are in an emergency situation, they can approach their nearest shelter homes.

7.abuse (noun)

Hindi Meaning - शोषण, दुर्व्यवहार, गाली देना
English Meaning - mistreatment, maltreatment, ill treatment, exploitation; sexual abuse, sexual assault.

8.wonder (verb)

Hindi Meaning - आश्चर्य होना
English Meaning - used to express a polite question; ask oneself, puzzle about, think about.

9.aid (noun)

Hindi Meaning - सहायता, सहारा, पालन
English Meaning - help, support, assistance.

10.discourage (verb)

Hindi Meaning - हतोत्साहित करना, रोकना, टालना
English Meaning - prevent, stop, avert, put off.

11.respectability (noun)

Hindi Meaning - सम्मान
English Meaning - the quality of being considered socially acceptable;

12.outcome (noun)

Hindi Meaning - परिणाम, नतीजा
English Meaning - result, consequence, effect.

13.instance (noun)

Hindi Meaning - उदाहरण, घटना, अवस्था
English Meaning - occurrence, example, case.

14.confidential (adjective)

Hindi Meaning - गोपनीय, विश्वसनीय, अप्रकाश्य
English Meaning - secret, top secret, sensitive, non-public.

15.intelligence (noun)

Hindi Meaning - सूचना, तथ्य, विवरण
English Meaning - (military/political) information, facts, details, particulars.

16.sealed (adjective)

English Meaning - closed securely.

17.sealed cover jurisprudence (noun)

English Meaning - It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.

18.lay down (phrasal verb)

English Meaning - formulate, stipulate, set down, draw up, frame.

19.agency (noun)

English Meaning - department, unit, branch, division, section, sector.

20.noteworthy (adjective)

English Meaning - worthy of mention, significant, important, noticeable, interesting.

21.bench (noun)

English Meaning - a court of law with a number of judges.

22.speak out (phrasal verb)

English Meaning - express, articulate, communicate, convey, voice (something straightforwardly & publicly).

23.adjudication (noun)

English Meaning - arbitration, settlement, resolution, verdict.

24.deprecate (verb)

English Meaning - criticize, censure, condemn.

25.contents (noun)

English Meaning - information in a document; substance, material, text.

26.withheld past participle of withhold (verb)

English Meaning - refuse to give, hold back, keep back, stop.

27.peruse (verb)

English Meaning - read carefully, look through, inspect, examine.

28.uphold (verb)

English Meaning - confirm, endorse/approve, vindicate/validate.

29.validity (noun)

English Meaning - legal acceptability, authenticity, correctness.

30.revoke (verb)

English Meaning - invalidate, cancel, repeal, nullify.

31.ground (noun)

English Meaning - reason, factor, basis.

32.disconcerting (adjective)

English Meaning - discomfiting, unsettling, disturbing, troubling.

33.in favour of (phrase)

English Meaning - in support of, to the advantage of, approving of.

34.hold against (phrasal verb)

English Meaning - to use something as a reason to have a bad feeling of someone.

35.backdrop (noun)

English Meaning - situation, scenario, context.

36.appeal (noun)

English Meaning - plea, request, petition.

37.for now (phrase)

English Meaning - for the time being, for the moment.

38.stay (verb)

English Meaning - stop, delay, or prevent something temporarily (a judicial proceeding/trial through the order of a court).

39.revocation (noun)

English Meaning - cancellation, repeal, annulment, abolition, invalidation, withdrawal/reversal.

40.submission (noun)

English Meaning - proposal, presentation (of documents for consideration or judgement).

41.in addition (phrase)

English Meaning - additionally, as well, apart from, besides.

42.The Indian Evidence Act (noun)

English Meaning - The Indian Evidence Act passed in India by the Imperial Legislative Council in 1872. It contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.

43.privilege (noun)

English Meaning - advantage, right, benefit, prerogative, entitlement.

44.non-disclosure (noun)

English Meaning - secrecy, privacy, confidentiality.

45.communications (noun)

English Meaning - talk, conversation, discussion, speaking.

46.authorities (noun)

English Meaning - officials, officialdom, the people in charge, the government, the administration, the establishment, the bureaucracy, the system.

47.claim (verb)

English Meaning - state, affirm, declare, indicate.

48.objection (noun)

English Meaning - opposition, argument, counter-argument, disapproval, dissent, disagreement.

49.classified (adjective)

English Meaning - (officially) private, personal, intimate, secret.

50.claim (noun)

English Meaning - rights, entitlement.

51.cite (verb)

English Meaning - refer to, adduce, make reference to, invoke.

52.purity (noun)

English Meaning - morality, goodness, righteousness.

53.underscore (verb)

English Meaning - underline, emphasize, accentuate.

54.conscience (noun)

English Meaning - morals, standards, values, principles, ethics, creed, beliefs; a sense of right and wrong, moral sense, inner voice.

55.consequence (noun)

English Meaning - result, outcome, ramification, repercussion, implications.

56.compromise (verb)

English Meaning - undermine, weaken, be detrimental to, damage.

57.defence (noun)

English Meaning - protection.

58.the accused (noun)

English Meaning - litigator, opponent in law, opponent, disputant, plaintiff, claimant, complainant, petitioner, appellant, respondent, defendant.

59.alleged (adjective)

English Meaning - supposed, claimed, professed, purported, reported, ostensible.

60.money laundering (noun)

English Meaning - a secret act of moving illegally acquired funds into legal bank accounts or investments.

61.often (adverb)

English Meaning - frequently, many times, again and again, repeatedly.

62.bail (noun)

English Meaning - conditional, temporary release of an arrested/imprisoned person when a specified amount of security is deposited or pledged (as cash or property) to ensure his/her appearance in court when required.

63.finding (noun)

English Meaning - conclusion, decision, result, resolution, recommendation.

64.mischief (noun)

English Meaning - bad behaviour, misconduct, mischievousness, perversity.

65.lie (verb)

English Meaning - be present, be contained, exist.

66.scope (noun)

English Meaning - opportunity, latitude, leeway, elbow room, possibility, chance.

67.deep (adjective)

English Meaning - intense.

68.scrutiny (noun)

English Meaning - examination, inspection, investigation.