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1974 Supreme(All) 66

K.N.SRIVASTAVA
Raj Narain – Appellant
Versus
Indira Nehru Gandhi – Respondent


Advocates:
Shanti Bhushan, R.C. Srivastava, G.D. Vidyarthi, Krishna Pal Singh, M.C. Gupta, B. Soloman, G.C. Dwivedi, Satish Trivedi, K.N. Tripathi, Suraja Prakash, H.N. Shukla, S.N. Chaturvedi, Dr. R. Dwivedi, T.N. Porwar and A.N. Singh, for Petitioner; S.C. Khare, J.N. Tiwari, S.N. Misra, V.N. Khare, S.K. Mukherji, P.C. Chaturvedi, K.L. Misra, A.P. Misra, Satya Mohan and N.N. Mukerji, for Respondents.

Judgement

ORDER :- In this election petition privilege has been claimed regarding three sets of documents. Sri S.S. Saxena is alleged to have claimed privilege regarding four papers, including copy of a blue book with the title as "Rules and Instructions for the Protection of Prime Minister when on Tour or in Travel". Privilege was claimed by the Superintendent of Police, Rae-Bareli, regarding two papers which relate to the Tour Programme of Smt. Indira Nehru Gandhi at Rae-Bareli during the election period. Sri K.P. Sood claimed privilege regarding two documents. Sri Sood is an officer of the Accountant General's Office, Central Revenue, New Delhi. Sri Saxena is alleged to have claimed privilege orally as an agent and representative of Sri R.K. Kaul, Home Secretary, Uttar Pradesh Government. This privilege was claimed by Sri Saxena on 10-9-1973, but an affidavit was filed by Sri Kaul claiming that privilege on 20-9-1973. Much stress was laid by the parties' counsel in support of their

respective contentions regarding the production of the blue book with the title "Rules and Instructions for the Protection of Prime Minister when on Tour or in Travel". It shall hereinafter be called as











































































































































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