"At least in my Court, there will never be a question of anything being done in sealed cover", Justice Gautam Patel of Bombay HC

While dealing with a clutch of matters pertaining to financial irregularities committed by an agent on the National Stock Exchange, the Bombay High Court has come down heavily on a party who presented material in a 'sealed cover'..Making no attempt to veil his disapproval of this method of presenting information to the Court, Justice GS Patel asserted that no one would be permitted to submit material in sealed covers in his Court. .While informing that he has not seen the material sought to be produced in sealed cover since the hearing was conducted virtually, Justice Patel said, ."In any case, I am making it abundantly clear that at least in my Court there is no question—and there will never be a question—of anything being done ‘in sealed cover.'"Justice Gautam Patel.While touching upon the need to ensure transparecy in the decision-making process, Justice Patel went on to add that no party can unilaterally decide to put any material in a sealed cover before his Court. ."Anything that I can see, all parties before me are entitled to see. That is all there is to it. This is the only method that I know of to ensure an open and transparent decision-making process. Those details will, therefore, need to be set on Affidavit. I am also making it clear that it is not possible for any party to unilaterally decide to put material into a sealed cover."Justice Gautam Patel.Accordingly, the party that presented the sealed cover (a trading agent of Anugrah Stock and Brokering) was asked to place the material on affidavit and serve it to the petitioners.."Since I have made it clear that I am not permitting any sealed cover submissions, there is no question of any party arrogating to itself any such right or privilege of any such nature in any circumstances", Justice Patel said. .While the representative argued that the material was sensitive and could find its way to the press if it were not submitted in a sealed cover, Justice Patel retorted,."I could not care less. That is not my concern. The fourth estate will do its job and I will do mine. I decide matters before me on the basis of the papers filed in Court, not newspapers delivered to my doorstep.".In a strong affirmation for press freedom, the Judge stated:."The press exists for a reason. It has a purpose, one that it serves. I cannot and will not curtail the rights of the free press at the instance of this or that party. I refuse to proceed on the basis that the press is always irresponsible. There will be no gag orders here."Justice Gautam Patel.The Judge proceeded to direct that the sealed cover material, as well as a clean and legible copy of an affidavit already submitted, be filed again in Court. The respondent could choose to do so or face the consequences, he added..The case concerned alleged illegal and unauthorised trades by Anugrah, and in some cases, a sub-broker, leading to loss of investor money. They have been charged with luring investors with the promise of monetary rewards and using the funds raised for unauthorised and illicit transactions. As noted in the order,."Taken collectively the loss claimed by the Petitioners, though difficult to accurately compute today, prima facie appears to be in the very high double digit crores and probably in hundreds of crores.".During the hearing on Friday, the counsel for Anugrah agreed to refrain from transacting on any of the bank accounts listed on affidavit and any other accounts held in the name of Anugrah as a corporate entity. .The Court receiver was given symbolic possession of all of Anugrah's assets. A private receiver was directed to be appointed to receive the properties outside the State..Read the Order here:.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.