IN CERTAIN CASES OF SECTION 123 THE OPPOSITE PARTY MAY SEEK PRODUCTION OF CERTAIN OFFICIAL DOCUMENTS AND THE COURTS MIGHT REQUIRE PRODUCTION OF THE SAME, DETERMINING WHETHER ANY DOCUMENT IS TO BE CLAIMED AS PRIVILEGED.

Friends, It is very clear from the order issued by the district panchayat officer Chamba released vide number 1442 dated 22-4-2025 on behalf of the respective Deputy Commissioner Chamba, where representation of the Group identity furnished on 21-4-2025 by the all members and state body function required for the decision making and claim to privilege when justified As such Section 123 is a recognition of the principle that interest of all subjects of the State is superior to the interest of any one of them, but at the same time, the State must show that the claim of the privilege strictly falls within the four corners of the provisions of law which tends to deprive the subject of evidence on matters directly in issue. (2) If after having considered the document the counsel tells the Court that the document is one relating to affairs of State and that its disclosure will be injurious to public safety, the court ordinarily would accept his statement, if made on oath. But the statement must not be of vague or indefinite character. He must not only indicate the nature of the document but he must also state what injury to public interest he contemplates would result from the disclosure of the document. (3) There may be another class of documents which would claim the said privilege not by reason of their contents as such but by reason of the fact that, if the said documents were disclosed, they would materially affect the freedom and candour of expression of opinion in the determination and execution of public policies. In this class may legitimately be included notes and minutes made by the respective officers on the relevant files, opinions expressed, or reports made, and gist of official decisions reached in the course of the determination of the said questions of policy. (4) The affidavit should show that each document in respect of which the claim is made has been carefully read and considered and the person making the affidavit is bonafide satisfied that its disclosure should lead to public injury. However, privilege cannot be claimed on the ground that the disclosure of document in question may defeat the defence raised by State, and in certain cases the opposite party may seek production of certain official documents and the Court might require production of the same, and the competent authority should thoroughly peruse the relevant record sought to be produced in the Court for determining whether any document is to be claimed as privileged?