UNION OF INDIA Vs. OM PARKASH GUPTA

JUDGEMENT

(1.) This petition for revision is directed against the decision of the trial Court rejecting the claim of privilege of the State to certain documents. These documents are as follows :-

(2.) The contention of Mr. Chetan Dass Dewan, who appears for the Union of India, is that documents Nos.

(3.) The last contention of Mr. Jain is that no revision is competent because the trial Court had the jurisdiction to determine whether the privilege should or should not be allowed and his wrong decision is not amendable to revision by this Court. This contention cannot be accepted in view of the decision of this Court in Sodhi Sukhdev Singh v. State of Punjab, 1960 AIR(P&H) 407 where a revision petition against the allowing of claim of privilege was upset by the Supreme Court. This decision was upset by the Supreme Court. In the State of Punjab v. Sodhi Sukhdev Singh , and their Lordships did not upset the decision on the ground that the High Court was not competent to interfere in revision. They proceeded to allow the appeal on the ground that the High Court was wrong in rejecting the claim of privilege by the State regarding certain documents.