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1979 Supreme(J&K) 81

GH.MOHAMMAD MIR, A.S.ANAND, MIAN JALAL-UD-DIN
Manohar Nath Sher – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: K.N. Raina
Advocate For Respondent: K.N. Bhat

Per Dr. Anand J:

1. The petitioner is starting trial in the court of Special Judge, Anti-corruption, Kashmir Province, Srinagar for offences under section 5(2) of the Prevention of Corruption Act and Sec: 161 R. P. C. During the pendency of the trial, the prosecution examined the prima mover Shri M. A. Draboo as a witness. While the witness was being cross examined, an application was filed on behalf of the petitioner for summoning the interrogation report and some other record connected with the detention of the witness under the Defence of India Act. Notice of the application was issued to the Public Prosecutor, who filed his objections thereto. An objection was raised on behalf of the prosecution that the record sought to be summoned was top secret being connected with the security of the State and being an un-published official record, its disclosure was likely to prejudice public interest. An application signed by Shri D. N. Kaul, the Inspector General of Police, stating that the record summoned is an un-published official record relating to the affairs of the State and its production would be prejudicial to the interest of the State was also filed. In the said application the



























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