THE STATE Vs. HARI RAM

JUDGEMENT

(1.) THIS criminal revision has been reported by the Sessions Judge, Karnal, with the recommendation that the order of Shri P.L. Sanghi, Chief Judicial Magistrate, Karnal, dated the 22nd June, 1966, be set aside.

(2.) THE facts giving rise to the revision petition are that one Hari Ram had filed a complaint under Sections 167/217 -218, Indian Penal Code, against Sub -Inspector Atal Bihari Mathur, formerly Station House Officer, Karnal City Police Station, and Moharrir Head Constable Hukam Chand. The allegations made in the complaint are that the above -said two accused persons had made interpolations in the register No. 10 (surveillance register) of the Police Station, Karnal City, by adding the name of the complainant in the said register without any orders from any competent authority. It was further alleged that this was done against the statute and the police rules and with the ulterior object of screening one Tarlochan Singh, who had published a defamatory article against the complainant. The complainant had, therefore, made an application in the trial Court for the summoning of the surveillance register No. 10 and the Chief Judicial Magistrate allowed the same. However, on the date of the hearing the relevant register was produced in Court in a sealed cover and at the same time an affidavit of Shri S.K. Chhibber, Home Secretary, claiming that the said register was privileged under the provisions of Section 123 of the Indian Evidence Act was filed. In the said affidavit the Home Secretary, had averred that the surveillance register No. 10 was an unpublished official record relating to the affairs of the State and that its disclosure would be prejudicial to the public interest. Specific reasons, apart from others, for claiming privilege were also stated in the following terms:

(3.) THE point which, therefore, falls for determination in this petition is whether the claim of privilege regarding entries in the surveillance register No. X maintained under the provisions of the Punjab Police Rules, 1934, is sustainable.