DIRECTOR C B I Vs. RAM JETHMALANI

JUDGEMENT

(1.) Shri Ram Jethmalani, the respondent in this appeal (hereinafter referred to as the respondent) is the plaintiff in a libel action instituted by him in the Queen's Bench Division of the High Court of Justice in England, being No. 1983-J No. 6467, against one Shri Swraj Paul of London. The cause of action is alleged to have arisen out of statements made by said Shri Swraj Paul in London to the correspondents of "The Hindustan Times" and "The Daily" which appeared in August 28,1983 issue of the former and September 1, 1983 issue of the latter. Shri Swraj Paul has made a counter-claim arising out of respondent's statement appearing in the August 30, 1983 issue of "Indian Express". During the course of the said litigation in England, the respondent was called upon to furnish particulars of certain allegations made by the respondent. According to the respondent, the detailed particulars are available in the statements and documents forming part of the record of an investigation conducted by the Delhi Special Police Establishment in Crime No. 8/77-CIA(1), the first information report in respect of which was registered on October 22, 1977 and being in possession of the appellant-herein. The respondent requested the appellant to allow inspection and/or give certified copies of the statements and documents in the letter dated March 3, 1986 in these words :-

(2.) The appellant declined to comply with the respondent's request by his letter dated April 10, 1986 reading as follows :-

(3.) The respondent then filed a petition in this Court under Article 226 read with Articles 14 and 21 of the Constitution of India claiming the relief for the issue of a writ of mandamus or any other suitable writ, direction or order directing the appellant to allow to the respondent inspection of the statements and documents in the possession of the appellant relating to the investigation and the final report under Section 173 Criminal Procedure Code . in respect of Crime No. RC. 8/77-CIU (1) and to grant the respondent copies or to make copies thereof in particular the following :-