EXCELSIOR FILM EXCHANGE Vs. UNION OF INDIA

JUDGEMENT

(1.) I was not inclined to deliver any judgment but I propose to deliver a short judgment as I think that the matter involves serious but somewhat important question relation to the claim of privilege of document by public officials.

(2.) THE matter arises out of a chamber summons taken out by the petitioners on November 22,196, requiring the respondents to disclose certain documents set out in the schedule A to the chamber summons. One of the documents of which disclosure is sought for is item 16. Being and annexure to G. L. I. 50/66 dated 13-7-1966 as also said G. L. I. referred to in connection with the screening committee in paragraph 19 of the third Respondent's affidavit in sur-rejoinder.

(3.) IN paragraph 19 of the affidavit made by the third Respondent in sur-rejoinder it has inter alia been stated: "i say that the screening Committees are to be appointed by the 2nd Respondent and I deny that the 4th Respondent is to appoint aforesaid statement is still further supported by the communication which was received by my office on 21st October 1966. From the 2nd Respondent. Which inter alia, reads as under: "from Shri P. D Kasbekar chief controller of imports and Exports to Shri N. H. Nagarwalla, Joint Chief controller of imports and Exports. Refer para 13 of Annexure to C. L. 1. 50/66 dated 13th July, 1966. Screening Committee at Bombay, Calcutta and Madras will be appointed by the Chief Controller of Imports and Exports, New Delhi. Screening committee will scrutinise all offers including those secured by IMPEC direct. Jt. Chief Controller of Imports and Exports concerned will be convenor of the screening committee which be appointed shortly. Until then, as already advised the Registration Committee will function as screening Committees. Make suitable amendment to letter you might issue to Film Association in pursuance of Para 7 of G. L. I. 50/66 dated 13th July 1966"