The Orissa High Court has declined to direct the disclosure of government noting submitted in a sealed cover or allow its return to the state, in an ongoing case challenging the restructuring guidelines under Mission Shakti. Justice Ananda Chandra Behera, presiding as a single-judge bench, passed the order on April 27 while disposing of interlocutory applications filed by Self Help Group (SHG) Federations.
Background of the Case
The case involves petitions challenging guidelines issued on January 22, 2025, by the commissioner-cum-secretary of the Mission Shakti department. The High Court had earlier, on April 25, 2025, stayed two clauses of these guidelines. During a hearing on April 8, 2026, the Advocate General submitted certain government noting in a sealed cover. Justice Behera noted that the sealed cover was opened and perused by the Court, then re-sealed and handed over to the Secretary of the Court for safe custody, to be perused only by the Court if required.
Arguments from Both Sides
Counsel for the petitioners opposed the continued secrecy, arguing that once the court had examined the noting, non-disclosure could raise apprehensions of bias. They also claimed that the state had relied on these noting in its arguments. However, the state submitted that it would not rely on the documents and sought their return. The state maintained that internal noting do not amount to final decisions and cannot be the basis for legal claims.
Court's Ruling
Justice Behera agreed that the noting of the Government are not the decision of the Government and said noting do not confer any right or adversely affect the right of the petitioners, and can neither be challenged in a Court of law nor be made any basis for seeking any relief. At the same time, the Judge rejected both pleas and held that the end of justice shall best be served if the noting of the Government kept in the sealed cover shall neither be opened nor any noting in the same shall be referred, without returning back that sealed cover, but handing over the said sealed cover to the Registrar (Judicial) of this Court for its safe custody.
Accordingly, Justice Behera dismissed all IAs seeking copies of the documents and also refused the state's request for their return, directing that the sealed cover remain in judicial custody until further orders.
