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Supreme Court interpreted Sections 123 and 162 of the Indian Evidence Act, emphasizing that privilege claims regarding unpublished official records must be supported by an affidavit from the Head of the Department at the outset.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was lost due to the absence of an initial affidavit, and clarified that the Blue Book in question was indeed an unpublished official record relating to State affairs.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.