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Are confidential files without notings, asks SC

New Delhi,Immigration/Law/Rights, Wed, 29 Aug 2012 IANS

New Delhi, Aug 29 (IANS) The Supreme Court Wednesday asked the government to clarify whether, as a matter of practice, it does not have notings on its confidential files and reports in them remain unsigned by their authors.

The apex court bench of Justice G.S. Singhvi and Justice S.J. Mukhopadhaya told the Additional Solicitor General (ASG) A.S. Chandhiok to take instruction from responsible government officers on the issue.

The court raised the query while perusing a file to see whether rules were followed in directing the interception of telephones of former corporate lobbyist Niira Radia.

When the court did not find signature of any officer involved in the decision-making, it asked whether the documents before it were "original" or "prepared".

"If a report does not bear the signature (of the officer) then who knows that report is not changed," said the court.

The ASG told the court that "these are confidential matters and in confidential matters there is no noting".

He clarified that signatures were there on the original letter that was sent to telecom service provider for the interception of telephones of a person under surveillance.

As the ASG pointed to the despatch number on the papers in the file placed before the court, Justice Mukhopadhaya asked how did the mentioning of the number establish the originality of the documents.

Justice Singhvi told the ASG "all of us had the opportunity of working on that side (pointing towards the lawyers) and we know how government reports are prepared".

The court asked the government to file a status report on the action taken on the intercepts of the Radia phones. The court wanted to know if investigation on the intercepts was continuing or pending.

"We will like to know whether any more FIRs (first information reports) have been registered in pursuance of the investigation," the court said.

The court will next hear the matter Sep 4.


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