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SC refuses to accept sealed covers during hearings, says it plans to end this practice

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Published : Mar 20, 2023, 3:07 PM IST

During the last hearing of the matter, the bench also comprising Justice PS Narasimha and Justice JB Pardiwala had asked the central government to file information about the roadmap for payment of arrears.

Chief Justice of India DY Chandrachud
Chief Justice of India DY Chandrachud

New Delhi: The Supreme Court bench led by the Chief Justice of India DY Chandrachud on Monday said that the court is planning to put an end to the practice of submission of sealed covers in regard to the matter pertaining to non-payment of One Rank One Pension scheme (OROP) arrears by the central government to the ex-servicemen.

During the last hearing of the matter, the bench also comprising Justice PS Narasimha and Justice JB Pardiwala had asked the central government to file information about the roadmap for payment of arrears. Today, the Attorney General of India, R Venkatramani, appearing for the Defense Ministry, presented the sealed cover regarding that before the court which the court refused to accept.

"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," CJI Chandrachud. "I am personally averse to sealed covers. There has to be transparency in court....if We allow sealed covers, then High Courts also follow it and there needs to be an end to it," he added.

The CJI further said that in the present matter, there is nothing secretive and it relates only to the implementation of the court's earlier orders. "What can be the secrecy here? You must give a copy to the other side. Sealed covers are completely against judicial principles," the CJI said. AG Ramani still insisted on accepting the sealed cover but the court refused. "Sorry, we will not take this sealed cover. Please take it back or read it," said CJI.

Last year in March, the court upheld the central government's OROP scheme but ordered that a refixation exercise must be conducted for a period of 5 years with regard to payable pension to Army personnel and arrears shall be paid within 3 months. Later on, the time was extended by 3 months more in September and again in January the court had asked to make the payments by 15th march.

However, the central government issued a communication saying that the arrears will be paid in four installments. Challenging the communication, ex-servicemen moved to the top court. The court had then pulled up the center for violating the court's orders and had asked the roadmap for payment of arrears.

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