Today, the Supreme Court of India informed to put to an end the practice of allowing litigants to make submissions in sealed covers. Chief Justice of India (CJI) DY Chandrachud noted in the case relating to the payment of arrears under the OROP Scheme. Attorney General for India R Venkataramani handed over a sealed cover to the Hon'ble Court which is related to the government's roadmap on payment of arrears.
The bench also comprising Justices PS Narasimha and JB Pardiwala directed Attorney General to share the same with the opposite party.
"Please share the sealed cover with the opposite side or take him to the chamber. We want to put an end to the sealed cover business being followed by Supreme Court since High Courts also follow it," the CJI remarked," the CJI remarked.
"I am personally averse to sealed covers. There has to be transparency in court....If we follow sealed covers, then High Courts follow it and there needs to be an end to it," the CJI stated.
"This is about implementing the orders .What can be the secrecy here? You must give a copy to the other side. Sealed covers are completely against settled judicial principles," he made it clear.
The AG insisted but the CJI refused to budge.
"Sorry sorry, we will not take this sealed cover. Please take it back or read it," the CJI said.
The AG then proceeded to read out the contents of the report.
The issues stems from the March 2022 judgment in which the top court upheld the OROP scheme introduced by the Central government through its notification on November 7, 2015.
The Court in that judgment had, however, said that a refixation exercise must be conducted by the government for a period of 5 years with regard to a pension payable to Army personnel as stated in the OROP policy in accordance with the November 7, 2015 notification.
It then said that the arrears should be paid within 3 months.
Subsequently, the same was extended by another 3 months in September 2022 and in January 2023, the Court granted another extension and directed that the payment be made by March 15.
However, the Centre then issued a communication that the payment will be made quarterly in four instalments.
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