The cellular service operators have filed a caveat in the Supreme Court seeking to be party in the case against the department of telecommunications on the issue of disclosure of documents relating to limited mobility. The case is likely to be taken up by the apex court on Tuesday.

The department had filed a petition in the Supreme Court on April 17 seeking a stay on the Telecom Disputes Settlement and Appellate Tribunal order to make public those documents that were written by the government and the telecom regulator while deciding to allow limited mobility services.

In its application, the department has sought protection of Section 123 of the Indian Evidence Act, 1872, saying that the documents are not relevant at present.

The department said the documents sought belonged to a class of unpublished records that should not be disclosed to secure proper functioning of public service.

It said a denial of privilege could have serious implications on the functioning of the government. The department has also sought exemption under Section 8(e) of the Freedom of Information Act, 2002.

The Act stipulates that documents like minutes or records of advice, opinions or recommendations made by an officer of public authority during a decision-making process is exempted from disclosure.

"As a matter of principle, the government is entitled to keep its files confidential from private litigating parties who have commercial interests. In this case, the government attempted to provide the maximum possible transparency by restricting its claims for privilege to only three documents," the affidavit said.

The department also said government decisions were taken keeping the security implications in mind. Moreover, opinions expressed by officials needed to be confidential, it said. "This would cause impediments in the fearless expression by government officers," it added.