Mohamed Zafir J:

In the course of trial of the above suit, the plaintiffs sought the production of certain documents under Notice to Produce Documents including all notes and findings of the Committee of Enquiry set up by the Ministry of Health to inquire into the death of the deceased abovenamed* held at the Hospital Daerah, Mentakab, on 1 June 1973. The defendants did not object to the production of other documents listed under the Notice except for these documents.

The defence counsel objected to the production of the notes of the Committee of Enquiry and claimed privilege under s. 123 of the Evidence Act. He filed an affidavit sworn by the Deputy Secretary-General of the Ministry of Health claiming such privilege. In para 3 of the affidavit the Deputy Secretary- General stated the purpose of the inquiry was to investigate into matters relating to medical facilities and services and hospital administration existing in the Hospital Daerah, Mentakab in 1973 with a view to make such comments and recommendations as the said Committee deemed fit to enable the Ministry to carry out its policy of promoting greater efficiency in hospital administration and the provision of med