Jammu and Kashmir Court July 1979 Judgments
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Manohar Nath Sher Vs. State of J. and K.
Court: Jammu and Kashmir
Decided on: Jul-31-1979
Reported in: 1980CriLJ292; AIR 1980 NOC 72
Adarsh Sein Anand, J.1. The petitioner is standing 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 Section 161, R. P. C, During the pendency of the trial, the prosecution examined the prima mover Shri M. A. Daraboo 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 Apt. 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, statin...
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