Sealed covers are against settled judicial principles, says SC after Centre gives sealed cover in OROP case 

The Supreme Court on Monday said that it is planning to put to an end the practice of allowing litigants to make submissions in sealed covers after the Union government submitted a sealed cover note in the One Rank One Pension (OROP) arrears case.

The bench of CJI Chandrachud and Justices P.S. Narasimha and J.B. Pardiwala made these remarks while hearing the Indian Ex-Servicemen Movement’s (IESM) plea over the payment of OROP arrears to ex-service personnel.

Refusing to accept the Central government’s note on the issue, Chief Justice of India (CJI) D.Y. Chandrachud said: “I am personally averse to sealed covers. There has to be transparency in court.”

The Attorney General for India R Venkataramani, appearing for the Ministry of Defence, handed over a sealed cover to the SC regarding the government’s roadmap on payment of arrears, according to the Bar and Bench.

The CJI remarked: “Please share the sealed cover with 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 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 issues stems from the March 2022 judgment in which the top court had upheld the OROP scheme introduced by the Central government through its notification of November 7, 2015, reported the Bar and Bench.

The top court also held that the Union government was duty-bound to comply with the 2022 judgment on the OROP scheme, asking it to clear the dues of 10-11 lakh pensioners by February 28, 2024, in three equal installments.

The Narendra Modi government has been facing flak from the apex court on the OROP matter in recent hearings, according to a report of news portal The Wire. It added that the court has directed the Ministry of Defence (MoD) to file a three-page note specifying the exact amount of arrears due to be paid under the OROP scheme while noting that it is “sad” that four lakh retired defence personnel have already died waiting for their pension.

The CJI asked the attorney general to share the note with senior advocate Huzefa Ahmadi (who is appearing for the ex-servicemen).

-INDIA NEWS STREAM

 

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