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90. In our country, the right to hold a trial in camera has been recognised as a power inherent in Court under Section 151. Civil P.C. and Section 352. Criminal P.C. Of course, this has to be exercised with great circumspection and in exceptional circumstances.

91. The leading case on the point is Naresh v. State of Maharashtra. AIR 1967 SC 1 where all the Judges agreed that it was desirable that proceedings should have been in public. They differed, however, on the Court's power to declare proceedings in camera. Majority held that the Court has inherent power to direct for trial to be held in camera, if administration of justice requires it, whereas Hidayatullah. J. (as he then was) found that there was no inherent power to order for a trial to be held in camera. Apart from difference on the inherent power of the Court, judges appear to be agreed that a Statute could provide for a trial being held in camera. The relevant portion of the majority, which spoke through Gajendragadkar. C. J., is as follows :

"Cases may occur where the requirement of the administration of justice itself may make it necessary for the Court to hold a trial in camera. While emphasising the importance of public trial we cannot overlook the defect that the primary function of the judiciary is to do justice between the parties who bring their causes before it. If a judge trying a cause is satisfied that the very purpose of finding truth in the case would be retarded, or even defeated if witnesses are required to give evidence subject to public gaze is it or is it not open to him in exercise of his inherent power to hold the trial in camera either partly or fully? if the primary function of the court is to do justice in causes brought before it then in principle, it is difficult to accede to the proposition that there can be no exception to the rule that all causes must be tried in open court If the principle that all "trials before Courts must be held in public was treated as inflexible and universal and it is held that it admits of no exceptions whatever, cases may arise whereby following the principle, justice itself may be defeated."

98. Thus, holding of trial in camera has not been abhorred. At any rate, a provision enabling holding of trial in camera cannot be said to offend any provision of the Constitution. Such a provision is a part of the procedure of this country. It is there in a number of statutes, viz.. Section 352. Criminal P.C. S, 22. Hindu Marriage Act. Section 33. Special Marriage Act. Section 53. Divorce Act. and Section 14. Official Secrets Act. etc.

99. In Bhowmick's case (AIR 1981 SC 917) (supra), the vires of Section 14. Official Secrets Act was not in dispute. The only controversy raging there was denial of copies of the statement of witnesses and other documents to the accused, ft is further noteworthy that the Supreme Court did not depart from the view expressed in Mirajkar's case (AIR 1967 SC 1) (supra).

112. We have already seen and discussed above that the two Full Bench decisions of the Patna High Court do not throw any light on the legality or validity of a provision providing for holding of a trial in camera. In fact, this was not the controversy before the Full Benches. The ratio decidendi as noted above, cannot be divorced from the facts for providing a guide in deciding another case. These decisions, therefore, are of no help.

113. It was within the competence of the legislature for holding trials in camera. As such, a provision was felt necessary for proper and complete dispensation of justice. For making a provision to have trials in camera no breach of the entitlement of fair justice was committed. It is settled law that the Courts sit not to review or revise the legislative action, but to enforce the legislative will, and it is only where they find that the legislature has failed to keep within its constitutional limits, that they are at liberty to disregard its action. Cooley deals with this question at page 160 of his book 'A Treatise on The Constitutional Limitations' as follows : --