NEED FOR CORRECTIVE ACTION IN CERTAIN CASES , AND DISTINCTION BETWEEN THE PROVISONS OF SECTION 123 AND 124 OF THE EVIDENCE ACT.

There is a distinction between the provisons of Sec.123 and Sec.124 of the Evidence Act .If the document comes with in Sec.123 , the court can not inspect it , though it can take other evidence to determine the character attributed to the document. Of course , it is for the court to ultimately determine whether the document in respect of which the privilege is claimed is a state document within the meaning of Sec.123 of the Evidence Act.If a document falls within the ambit of Sec.124 of the Evidence Act , the court can inspect the document to determine the claim of privilege. As for as the need for corrective action in certain cases ,the Suits /writ petitions/applications (including for contempt of court) before courts and the Tribunal against the Government are often filed due to inaction at some level on the claims of the plaintiffs/applicants .It may be therefore taken after the final decision on the suit /case if it appears prima -facie that litigation was due to such a reason , responsibility needs to be fixed for the purpose of taking appropriate disciplinary action and recovery of the loss caused to the Government on account of the litigation.