In Brief
In this landmark ruling on freedom of press and government transparency, the Supreme Court dismissed preliminary objections to review petitions challenging a defence procurement decision. Three documents marked 'Secret' under the Official Secrets Act had been unauthorisedly removed from the Ministry of Defence and published in The Hindu newspaper, then relied upon in legal proceedings. The Court held that documents already in the public domain cannot claim privilege under the Evidence Act, and that Section 8(2) of the Right to Information Act permits disclosure of sensitive information when public interest in disclosure outweighs protective harm. The publication was constitutionally protected free speech. The Court affirmed that admissibility depends on relevancy, not the manner of procurement, and that in cases involving alleged high-level wrongdoing, the balance favours allowing courts to adjudicate on merits.
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