HEADS OF THE DEPARTMENTS ARE RESPONSIBLE TO REFER THE MATTER TO HIGHER AUTHORITY FOR LEGAL OPINION AND PRODUCE NECESSARY AFFIDAVIT , IF CLAIMS PRIVILEGE.

Heads of the department are responsible to follow former cases of the ACPS and in case of any doubt, the HOD should invariably refer the matter to the higher authority for orders .These instructions apply equally to cases , in which the government is responsible or party and in such cases  , much will depend on the legal advice as to the value of the documents, but before they are produced and the considerations stated above must be borne in mind, and reference to higher authority made , when necessary.The HOD should abstain from entering into correspondence with the presiding officer of the court concerned in regards to the grounds on which the documents have been called for.He should obey the courts orders and should appear personally or arrange for the appearance of another Officer in the court with the documents and the fact is indicated by producing the necessary affidavit, if he claims privilege.State must show that the claim of privilege strictly falls with in the four corners of the provisions of law which tends to deprive the subject of evidence on matters directly in issue.