RAMESHWAR PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) This application seeks a direction to Respondent 1 Union of India to make available to the petitioners herein the copies of the reports of the governor of Bihar dated 27-4-2005 and 21-5-2005. The learned Attorney general and the learned Additional Solicitor General appearing for the Union of India made a statement at the Bar that having deliberated upon the question subsequent to the last date of hearing i. e. 22-8-2005, they have advised the Government of India and the Government of India have agreed with their opinion that they do not claim any privilege about the abovesaid two reports insofar as the present case is concerned. It is stated that the counter-affidavit which is proposed to be filed on behalf of the Union of india is being given a final shape and is likely to be filed by 2-9-2005 under copy to the petitioners' counsel and the copies of the abovesaid two reports will be annexed with the counter-affidavit. It is further stated that the stand so taken is only for the purpose of this case and does not amount to settling the question of law that the Governor's report can always be made available to the petitioners in a writ petition or that privilege can never be claimed about such reports. These questions may be left open to be determined in some other appropriate case, submitted the learned Additional Solicitor General.

(2.) In view of the stand so taken by the learned Attorney General and the learned Additional Solicitor General appearing for the Union of India, the prayer made in the application becomes redundant and is not pressed by the learned Senior Counsel for the petitioners.

(3.) The application be treated as disposed of.