YASHWANT SINHA & ORS. versus CENTRAL BUREAU OF INVESTIGATION THROUGH ITS DIRECTOR & ANR.

YASHWANT SINHA & ORS. versus CENTRAL BUREAU OF INVESTIGATION THROUGH ITS DIRECTOR & ANR.

Preliminary objection to maintainability is dismissed. The Court finds no legal bar to considering documents already published in the public domain; privilege under Evidence Act s.123 in this case does not prevent their judicial use. Review petitions will be adjudicated on merit considering the relevance of the documents appended.

Parties
Review Petitioners: Yashwant Sinha & Ors.; Respondents: Central Bureau of Investigation through its Director & Anr.
Jurisdiction
India
Judgment Date
10 April 2019
Procedural Posture
Review Petition (criminal) No. 46 of 2019 in Writ Petition (criminal) No. 298 of 2018 / Preliminary Objection Regarding Maintainability
Outcome
Preliminary objection dismissed; review petitions to be adjudicated on merits.
Legal Topics
Official Secrets Act, Freedom of Expression, Privilege and Evidence, Right to Information, Review, Corruption Allegations
Constitutional Law Criminal Law Administrative Law Information Law Official Secrets Act Freedom of Expression Privilege and Evidence Right to Information +2 more

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Parties

Yashwant Sinha & Ors.

Review Petitioners

Central Bureau of Investigation through its Director & Anr.

Respondents

Procedural Posture

Review Petition (criminal) No. 46 of 2019 in Writ Petition (criminal) No. 298 of 2018 / Preliminary Objection Regarding Maintainability

Legal Issues

  1. 1 Whether the review petition is maintainable when documents attached were allegedly unauthorisedly removed from the Ministry of Defence?
  2. 2 Whether privilege under s.123 of the Evidence Act prevents consideration of the published documents?
  3. 3 Whether publication in the press negates privilege and evidentiary exclusion?

Ratio Decidendi

Preliminary objection to maintainability is dismissed. The Court finds no legal bar to considering documents already published in the public domain; privilege under Evidence Act s.123 in this case does not prevent their judicial use. Review petitions will be adjudicated on merit considering the relevance of the documents appended.

Court Disposition

Preliminary objection dismissed; review petitions to be adjudicated on merits.

Orders

  • Preliminary objection questioning maintainability is dismissed.
  • Review petitions to be adjudicated on their own merit by considering relevance/admissibility of the appended documents.