Judgement

SUBBA RAO, J.: (with him DAS GUPTA J.) This appeal by special leave raises the question of the privilege raised by the Government of India in respect of certain documents called for from its Home Department in a criminal proceeding pending in the Court of the Special Judge, Anti-Corruption (East), U. P. Lucknow.

2. The respondents were prosecuted in the said Court, after obtaining the sanction of the Central Government under S. 197 of the Code of Criminal Procedure, for an offence under Section 6 (1) (a) of Prevention of Corruption Act, 1947, (Act 2 of 1947). An objection was taken before the said court on behalf of the respondents that the sanctioning authority did not apply his mind properly when sanction for the prosecution was granted. It was stated on behalf of the respondents that on a representation made by one of the accused, Col. Sujan Singh, for reconsideration of the order of his prosecution, the Deputy Secretary in the Home Department reconsidered the matter and made nothings on his application to the effect that the sanction accorded earlier for his prosecution was given on insufficient data. He filed a petition before the Special Judge to summon the concerned