Supreme Court of India · 1960-11-15
THE STATE OF PUNJAB vs SODHI SUKHDEV SINGH
- Citation / case number
- SC 1960/27
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF PUNJAB
- Respondent
- SODHI SUKHDEV SINGH
- Author
- SINHA, BHUVNESHWAR P.(),KAPURL.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),KAPUR, J.L.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.
Judgment text excerpt
The Supreme Court held that documents related to the meetings of the Council of Ministers, dated September 28, 1955, March 8, 1956, and August 11, 1956, are protected under Section 123 of the Indian Evidence Act, 1872, as they pertain to 'affairs of State' and are expressly saved by Article 163(3) of the Constitution of India. The Court ruled that the Chief Secretary's refusal to permit their production was valid, and thus the State could not be compelled to produce these documents. Additionally, the report of the Public Service Commission was also deemed protected under Section 123, with dissenting opinions from Justices Subba Rao and Kapur regarding the interpretation of 'records relating to affairs of State.'