KHAIRATI LAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This Civil Revision Petition has been filed against an order of Shri R. P. Gupta, Subordinate Judge 1st Class, Delhi, dated November 6, 1971, whereby the learned Subordinate Judge upheld a claim of privilege under section 123 of the Evidence Act in respect of two documents.

(2.) The petitioner herein, Khairati Lal, filed a suit, No. 231 of 1968, against the Delhi Development Authority, for a perpetual injunction restraining the latter from interfering with or disturbing the possession of the petitioner-plaintiff in respect of a land measuring about 161 square yards and situate in khasra No. 202/15, Motia Khan, Delhi, and a shop, bearing No. 47, which was constructed on the said land, and from demolishing the said shop.

(3.) In the course of the proceedings, the petitioner-plaintiff sought for the production of two documents, viz. "(i) File No. W.II-73- (10)/54 dated 22nd February, 1952, from the Ministry of Works Production and Supply - to the Chief Commissioner, Delhi) " and "(ii) Letter No. 11662-W-11-51 dated 19th November, 1951, from the Ministry of Works, Production and Supply to the Chief Commis- sioner, Delhi". On August 30, 1968', Shri K. K. Sethi, Subordinate ' Judge, Delhi, issued a summons for the production of the said docu- ments. In answer to the summons, an affidavit of Shri B. P. Patel, Secretary to the Government of India, Ministry of Works, Housing and Supply, dated November 6, 1968, was filed claiming privilege in respect of the said documents under section 123 of the Indian Evidence Act. It was averred in the said affidavit that the deponent was the Head of the Department and was as such in charge and control of its records, that he carefully read and considered the file at No. (i) and the letter at No. (ii) which were sought to be produced, that the file at No. (i) contained notes portion and correspon- dence and also many other documents, including letter No. 11662- W-11-52, dated February 22, 1952, and as such it may not be sum- moned as a whole, that they were unpublished official records relating to the affairs of State, that they contained executive instructions based upon speeches made by the Hon'ble Minister of Works, Production and Supply during the debates on Delhi Premises (Requisitioning and Eviction) Amendment Bill, 1951, in Parliament, and thus had political implications, that the determination and execution of public policies would be materially affected by the disclosure of the said documents, that the proper functioning of Government Departments and execution of public policy must be ensured in public interest and in the interest of the State, that the disclosure of the contents of the said documents would effect materially the freedom and candour of expression of opinion in the determination and execution of public policy, and that he would not, therefore, give permission to any one under section 123 of the Indian Evidence Act to produce the said documents or to give evidence derived therefrom.