In Brief
A preliminary objection was raised against review petitions challenging a court order on the Rafale defence deal, contending that documents marked "secret" and allegedly removed without authorization from the Ministry of Defence had been improperly appended. The Supreme Court held that once documents are published in the public domain (The Hindu newspaper), claims of official secrecy, state privilege under Evidence Act Section 123, and RTI Act exemptions cannot prevent their judicial consideration. The admissibility of evidence is determined by relevancy; the manner of procurement does not ordinarily matter unless expressly prohibited. The Court affirmed that freedom of the press is constitutionally protected, and when grave wrongdoing at the highest levels is alleged, the public interest in justice outweighs the interest in maintaining state secrets. The review petitions were deemed maintainable, and the preliminary objections were dismissed.
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