VidhiSangh

Supreme Court of India · 10/04/2019

YASHWANT SINHA & ORS. versus CENTRAL BUREAU OF INVESTIGATION THROUGH ITS DIRECTOR & ANR.

[2019] 5 S.C.R. 638 · 2019 INSC 505

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court rejected preliminary objections seeking to exclude three publicly reported defence documents and thereby defeat the Rafale review petitions. Their contents had entered the public domain, and neither secrecy markings, the asserted manner of procurement nor the RTI exemption justified their exclusion on these facts. The petitions were to be considered on merits with regard to the documents’ relevance. A separate concurrence emphasised public-interest balancing and cautioned against treating relevance alone as invariably decisive where privilege is properly engaged.

Issues

  1. Whether the published documents had to be excluded because they were allegedly obtained without authority.
  2. Whether official-record privilege and the RTI security exemption barred their use.
  3. Whether rejecting those objections decided the review petitions’ merits.

Provisions considered

Held

Result

Union’s preliminary objections dismissed. Review petitions to be adjudicated on merits taking account of the relevance of the three documents; their merits were not finally decided by this order.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 638.