PUBLIC INTEREST IMMUNITY CLAIM PROCEDURE
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Context: The Supreme Court has expressed dissatisfaction with so-called "sealed cover jurisprudence" and has developed a process for "public interest immunity claims" as a less restrictive option for handling claims containing state secrets.
Details
Background
- The Kerala High Court's decision upholding the order from the Information and Broadcasting Ministry decision to block MediaOne, a Malayalam news channel, from airing its programming was overturned by the Supreme Court.
- The High Court's ruling was based on information that the Home Ministry had only disclosed to it in a "sealed cover."
- The Supreme Court has frequently expressed dissatisfaction with so-called "sealed cover jurisprudence" and has developed a process for "public interest immunity claims" as a less severe option for handling state secret cases.
Public interest immunity claim
- The Supreme Court ruled that the following criteria must be used to determine whether a claim concerning issues of national security is valid:
- Whether there is sufficient evidence to conclude that information secrecy serves the interests of national security.
- Whether a reasonable person would make the same conclusion from the evidence.
- The court suggested that secret elements of the document be censored and a summary of the document's contents be supplied to fairly exclude materials following a successful public interest immunity claim.
Must Read Articles:
Independence of Press in India: https://www.iasgyan.in/daily-current-affairs/independence-of-the-press-in-india
Sealed Cover Jurisprudence: https://www.iasgyan.in/daily-current-affairs/sealed-cover-jurisprudence-2
PRACTICE QUESTION Q. Striking a balance between the three pillars of government is necessary to prevent them from encroaching on one another's jurisdiction. Do you believe that judicial activism may result in a conflict between the judicial and executive branches? Why? |