STATE OF UTTAR PRADESH Vs. RAJ NARAIN

JUDGEMENT

(1.) This is an appeal by special leave from the judgment dated 20 March, 1974 of the learned Single Judge of the High Court at Allahabad, holding that no privilege can be claimed by the Government of Uttar Pradesh under Section 123 of the Evidence Act in respect of what is described for the sake of brevity to be the Blue Book summoned from the Government of Uttar Pradesh and certain documents summoned from the Superintendent of Police, Rae Bareli, Uttar Pradesh.

(2.) Shri Raj Narain, the petitioner in Election Petition No. 5, of 1971 in the High Court of Allahabad, made an application on 27 July, 1973 .for summoning certain witnesses along with documents mentioned in the application. The summons was inter alia for the following witnesses along with following documents:

(3.) First, the Secretary, General Administration. State of Uttar Pradesh, Lucknow or any officer au.- thorised by him was summoned to produce inter alia (a) circulars received from the Home Ministry and the Defence Ministry of the Union Government regarding the security and tour arrangements of Shrimati Indira Nehru Gandhi, the respondent in Election Petition for the tour programmes of Rae Bareli District on 1, 24 and 25 February, 1971 or any general order for security arrangement; and (l) All correspondence between the State Government and the Government of India and between the Chief Minister and the Prime Minister regarding Police arrangement for meetings of the Prime Minister by State Government and in regard to their expenses.