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Report No. 88

8.2. Forum of appeal.-

Next, as regards the forum, we are of the opinion that irrespective of the status of the trial court or of the nature of the proceedings, the appeal against the order denying the claim of privilege should be to the High Court. Two reasons have weighed with us in coming to this conclusion. First, the question is of such a nature that the procedural law should enable the matter to be decided by the highest court in the State without delay. Secondly, a straight appeal to the High Court would cut short the intermediate stages and enable the rendering of a prompt decision. Usually, controversies involving such claim are of a sensitive character and it is desirable that the resolution of such controversies within the legal framework is not unduly prolonged. We would, therefore, recommend that both the Codes of procedure-Civil and Criminal-should be amended by inserting a suitable provision on the subject, incorporating the points discussed above.

Governmental Privilege in Evidence - Sections 123, 124 and 162 of the Indian Evidence Act, 1872 and Articles 74 and 163 of the Constitution Back

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