State Affairs in Indian Evidence Act
CHAPTER-1
ESSENTIALS OF AFFAIR OF STATE
When we talk about practicality of sec. 123 a very logical query arises, when the court finds that the document in question relates to any affair of State, it will then be for the departmental head to decide whether disclosure of its contents would be against public interest and his decision on the point is conducive. If on the other hand the court holds that the document does not relate to any affairs of State, no question of privilege can arise-
1) Whether the document in respect of which privilege is claimed, is really a document (unpublished) relating to any affairs of State?
2) Whether disclosure of the contents of the document would be against public interest?
In spite of there being any claim of privilege or any objection to the production or admissibility of the document, the person summoned to produce it must actually bring the document into court and then claim privilege in the proper way. The first question is for the court. The affidavit of the head of the department as to the nature of the document being by no means conclusive, the court has to determine the first question upon a consideration of all available evidence on the point, though it cannot inspect the document for the purpose. Although inspection of the document itself is not permitted, the court may take “other evidence” for deciding the first question. If the first question is made available to the party desiring to have it. If it is answered in the affirmative, the validity of the privilege relating to any affairs of State is recognized and then the second question is solely for the head of the department concerned. He may allow disclosure of the evidence or may withhold permission on the ground that it would be against national interest. His decision is final and he is not bound to give ay reason for it.
How then is the court to determine whether the document relates to any matter of State? The most natural way would be an inspection of
ESSENTIALS OF AFFAIR OF STATE
When we talk about practicality of sec. 123 a very logical query arises, when the court finds that the document in question relates to any affair of State, it will then be for the departmental head to decide whether disclosure of its contents would be against public interest and his decision on the point is conducive. If on the other hand the court holds that the document does not relate to any affairs of State, no question of privilege can arise-
1) Whether the document in respect of which privilege is claimed, is really a document (unpublished) relating to any affairs of State?
2) Whether disclosure of the contents of the document would be against public interest?
In spite of there being any claim of privilege or any objection to the production or admissibility of the document, the person summoned to produce it must actually bring the document into court and then claim privilege in the proper way. The first question is for the court. The affidavit of the head of the department as to the nature of the document being by no means conclusive, the court has to determine the first question upon a consideration of all available evidence on the point, though it cannot inspect the document for the purpose. Although inspection of the document itself is not permitted, the court may take “other evidence” for deciding the first question. If the first question is made available to the party desiring to have it. If it is answered in the affirmative, the validity of the privilege relating to any affairs of State is recognized and then the second question is solely for the head of the department concerned. He may allow disclosure of the evidence or may withhold permission on the ground that it would be against national interest. His decision is final and he is not bound to give ay reason for it.
How then is the court to determine whether the document relates to any matter of State? The most natural way would be an inspection of