GEORGE MATHEW Vs. UNION OF INDIA

JUDGEMENT

(1.) On behalf of the Union of India privilege has been claimed in respect of certain documents the production of which was sought on behalf of the petitioner. The learned counsel for the petitioner submits that there is no application to claim privilege in respect of documents which are referred toin the report of the Gian Prakash Committee and at any rate the nature of those documents was not such as to require maintenance of any confidentiality, assuming the contents thereof are not yet widely known. The learned counsel for the petitioner submits that in view of the claim for privilege it would be appropriate that the petitioner files a reply to the affidavit claiming privilege and that the question be then considered after hearing both sides on the point. We think that this is the appropriate course to adopt.

(2.) The learned counsel for the petitioner also submits that the learned Attorney General had on 17/2/1997 taken time to seek instructions to inform the court of the action taken and proposed to be taken by the government on the Gian Prakash Committee Report but no information to that effect is forthcoming and the additional affidavit on behalf of the Union of India of Shri Navin Kumar dated 25/4/1997 is quite unsatisfactory. We think that there is justification in the submission. It has been clear throughout that the Union of India was at no stage restrained from taking action on the Gian Prakash Committee Report notwithstanding the pendency of this matter in the court and that this matter was required to be entertained as a PIL matter on account of the inaction of the Union of India to take the necessary steps consequent upon the report of the Gian Prakash Committee. In view of this, the learned Solicitor General wants some more time to seek instructions and to apprise the court of the action taken or proposed to be taken by the Union of India on the Gian Prakash Committee Report.

(3.) Affidavit on behalf of the petitioner on the question of privilege be filed within four weeks. The matter be listed on 25/7/1997.