Section 50(6) in Conduct of the Government Litigation, Rules, 2000
(6)For claiming privilege under section 123 read with section 162 of the Indian Evidence Act, the following points should be noted:-(a)Section 162 makes it clear that when the State or a Government Officer is summoned to produce a document in respect of which he desires to claim privilege on the ground that it relates to any affairs of the State, he is bound in the first instance to appear and bring it in a sealed cover to the Court under section 162 notwithstanding any objection that he may have as to its production or advisability and then claim privilege for it in the proper way of an affidavit;(b)The head of the department should have document before him and give careful attention before claiming privilege and his affidavit should contain an indication as to the nature of the documents as to why privilege is claimed, what injury to public interests is apprehended or what affairs of the State are involved. The sole and the only test which should determine the decision of the head of the department is injury to public interest;(c)The privilege should be claimed generally in the form of an affidavit by the Minister-in-Charge, if not, the Secretary of the department concerned;(d)In every affidavit made for claiming privilege in respect of any document it must be emphasized that the document called in evidence is derived from unpublished official records relating to the affairs of the State, the disclosure of which would lead to injury to public interest.
