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SC rejects Centre’s plea to keep Rafale documents secret
Why in news?
- In unanimous support for freedom of Press in a democracy, the Supreme Court dismissed the government’s plea to declare the Rafale jets’ purchase documents a secret, while upholding the right of free speech of The Hindu to publish the defence papers in a series of articles since February 2019.
More in news
- Objections rejected:(1) An apex court has dismissed preliminary objections raised by the government against petitions seeking a review of the December 14, 2018 judgment of the Supreme Court, which upheld the deal for purchase of 36 Rafale jets.(2) The Supreme Court rubbished the government’s claim of privilege.(3) It said neither OSA nor any other law empowers the government to stop the media from publishing the documents nor the court from examining them.(4) SC says that the documents were already within the reach and knowledge of the entire citizenry.(5) There was no reason for the Supreme Court to stop itself from “reading and considering the documents or from shutting out its evidentiary worth and value.”(6) It would be “unauthorised judicial law-making” if the court banned government records from the public eye when Parliament had no such intention.
- Freedom of press:(1) CJI said the publication of the Rafale documents by The Hindu reminded the Supreme Court of its “long line of decisions” upholding the freedom of the press.(2) The court referred to one of its own past judgments which quotes Pandit Jawaharlal Nehru as saying, “I would rather have a completely free press with all the dangers involved in the wrong use of that freedom than a suppressed or regulated press.”
- RTI act:(1) Justice Joseph pointed to how the RTI Act symbolised the will of the people to fight an unrelenting crusade against corruption.(2) The judge pointed to how Section 24 of the Act provides that allegations of corruption as well as human rights violations should not be exempted from disclosure under the law.
Source
The hindu