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Public Interest Immunity Claims Proceeding

News: The usage of sealed cover hearings in court and the broadcast prohibition of a Malayalam channel were both decided upon by the Supreme Court of India.

The government was condemned by the Court for weakening procedural protections for a fair hearing and silencing media critics.

The Court has created an alternate process to replace the use of sealed covers in Public Interest Immunity claims procedures.

While addressing state requests for anonymity, the Supreme Court developed the “less restrictive” Public Interest Immunity (PII) claims proceedings as a “alternative” to the sealed cover proceedings.

The PII proceedings would take place in a “closed sitting,” but the court should rule on a reasoned judgement approving or rejecting the state’s PII claim in open session.

An amicus curiae, or “friend of the court,” will be chosen by the court to serve as a liaison between the parties involved in claims of public interest immunity.

The court-appointed amicus will have access to the documents the state wants to keep secret and be permitted to speak with the applicant and their attorney before the proceedings to learn more about their position.

After the public interest immunity action has started and the counsel has seen the material that is being requested to be withheld, the amicus curiae will not communicate with the applicant or their legal representative.

The amicus “shall to the best of their ability represent the interests of the applicant” and would be obligated under oath to keep the information confidential and to refrain from discussing it with anyone else.