Niyam v2 is live — start for just ₹100 — 200 credits to try

january 1975

Supreme Court of India · 1975-01-24

STATE OF U.P. vs RAJ NARAIN & ORS.

Citation / case number
SC 1974/60342
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
RAJ NARAIN & ORS.
Bench
RAY, A.N. (CJ),MATHEW, KUTTYIL KURIEN,ALAGIRISWAMI, A.,SARKARIA, RANJIT SINGH,UNTWALIA, N.L.

Judgment text excerpt

The Supreme Court interpreted Sections 123 and 162 of the Indian Evidence Act, emphasizing that privilege claims regarding unpublished official records must be supported by an affidavit from the Head of the Department at the outset. The Court held that the High Court erred in ruling that privilege was lost due to the absence of an initial affidavit, and clarified that the Blue Book in question was indeed an unpublished official record relating to State affairs. The appeal was allowed, reinstating the claim of privilege and the necessity for proper procedural adherence in such matters.

STATE OF U.P. vs RAJ NARAIN & ORS. · Niyam