In Brief
The Supreme Court dismissed preliminary objections to a review petition challenging the Rafale aircraft procurement decision, which relied on three Defence Ministry documents published in The Hindu newspaper. The Court held that documents already in the public domain cannot be withheld on grounds of official secrets or Section 123 privilege. Evidence is admissible based on relevancy unless expressly prohibited by law; improper procurement does not bar relevant evidence. The Right to Information Act represents a paradigm shift from absolute class-based privilege to a balancing test: even security-sensitive information may be disclosed if public interest in disclosure outweighs harm. Courts must independently verify executive privilege claims through the lens of public interest, not defer to assertions of state secrecy. Freedom of press and judicial review cannot be suspended without judicial determination.
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