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S.P. Gupta vs Union Of India & Anr on 30 December, 1981

In S.P.Gupta v. Union of India and another, 1981 (Supp.) Supreme Court Cases 87 it has been observed that the claim for immunity has to be made on affidavit by the Secretary of the Department or the Minister after carefully reading and considering whether the document should he disclosed or not either because of its actual contents or because of the class of documents to which it belongs. As already stated I have gone through the impugned letter dated 30th July, 1982 and I find that the defendants are not entitled to claim privilege even on merits although no affidavit of the Minister or Head of the Department has been filed. I am further of the opinion that it is not an unpublished letter. The respondents are, therefore, not entitled to claim the privilege.
Supreme Court of India Cites 296 - Cited by 614 - Full Document
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