Unveiling The Legal Enigma : Understanding Sealed Cover Jurisprudence
Author(s):
Dr Deo Narayan Singh,, Prasun Ojha , Khagesh Singh
Keywords:
Confidential, Sealed cover, Documents, National interest, Equilibrium.
Abstract
“What lies beneath the seal?” This central inquiry captures the essence of sealed cover jurisprudence, a growing practice shaping legal systems globally. This article sets out to explore the complexities, ramifications, and controversies surrounding this phenomenon, aiming to illuminate its mysterious nature. Sealed cover jurisprudence involves submitting sensitive information or evidence to a court under seal, shielding it from public view and accessible only to the judge or a select few. However, the rationale behind this veil of secrecy is questioned. Proponents argue that sealed cover proceedings are necessary to protect national security, ensure fair trials, and safeguard confidential information. Nevertheless, critics express concerns about the potential erosion of transparency, accountability, and the right to a public trial. This article embarks on an exploration of the layers of sealed cover jurisprudence, tracing its evolution from its utilitarian origins to its various applications in contemporary legal systems. Using a comparative approach, it scrutinizes the criteria for initiating sealed cover proceedings, the procedural safeguards for handling sealed evidence, and the standards for judicial review and supervision. Moreover, the broader significance of sealed cover legal principles reaches beyond the confines of the courtroom, touching upon broader discussions concerning democracy, governance, and the rule of law. It manages the intricate equilibrium between national security necessities and safeguarding civil liberties, scrutinizing the judiciary’s responsibility as a guardian of openness and answerability amidst encroachments by the executive branch. Additionally, this article delves into the ethical and normative dimensions of sealed cover jurisprudence, examining its compatibility with democratic principles and the foundational values of the rule of law. It grapples with the ethical dilemmas presented by secrecy in the pursuit of justice, addressing questions of legitimacy, trust, and the public interest. In pursuit of clarity and accountability, this article concludes by advocating for increased transparency, procedural equity, and judicial oversight in sealed cover proceedings. It
Article Details
Unique Paper ID: 162365

Publication Volume & Issue: Volume 10, Issue 10

Page(s): 1 - 7
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