S AJIT SINGH Vs. ASHWANI KUMAR

JUDGEMENT

(1.) This is a rule obtained by the plaintiff against an order passed by Mr. Parshotam Sarup, Subordinate Judge 1st Class, Ambala, dated the 11th of March, 1953, holding that entries in Register Nos. 13 and 14 are privileged and giving effect to the privilege claimed by Government.

(2.) The plaintiff had brought a suit for damages for malicious prosecution against the defendants and he called upon of the Police Officers to produce register Nos. 13 and 14. Privilege was claimed by a certificate of the Home Secretary being filed, in spite of its having been indicated in a Full Bench of this Court, Governor-General in Council v. H. Peer Mohd Khuda Bux, 1950 52 PunLR 153, that such privilege can only be claimed by the head of the Department or by the Secretary of that department on an affidavit. In this particular case only a certificate was given which is contrary to what has been said in the Full Bench, but no objection was taken either in the Court below or in the grounds for revision here, although Mr. Harbans Singh Gujral did try to take objection at the time of arguments but was not allowed to do so. Register No. 13 is provided for under Chapter 22 Rule 64 of the Punjab Police Rules Vol. III. In the first portion of this rule it is stated as under :-

(3.) Under rule 65 of this Chapter register No. 14 is provided for and the rule is as follows -