In Brief
This landmark Supreme Court judgment considered whether classified government documents on the Rafale defence deal, allegedly unauthorizedly removed and published by the press, could be relied upon in review petitions. The Court dismissed the government's preliminary objections and held that: (1) freedom of the press to publish is constitutionally protected and Parliament has not vested the executive with power to restrain such publication; (2) documents already in the public domain cannot be subject to privilege under Section 123 of the Evidence Act; (3) evidence admissibility depends on relevancy, not manner of procurement; and (4) the Right to Information Act permits disclosure of sensitive information when public interest in disclosure outweighs harm to protected interests. The judgment reaffirmed the foundational importance of press freedom and transparent government to democratic governance.
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