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    <title>2022 (8) TMI 423 - Supreme Court</title>
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    <description>The SC held that the High Court should have addressed the disclosure application before proceeding on limitation, because the manner of prosecution and the material relied on were relevant to delay and cognizance. It further held that the first opinion of Justice (Retd.) B.N. Srikrishna, the Malegam report, and the second opinion were part of an inconclusive investigative exercise and could not be withheld as privileged in the criminal proceedings. Fairness, natural justice, transparency, and the right to a fair trial required disclosure, and selective partial production was impermissible. The impugned order was set aside and disclosure directed.</description>
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    <pubDate>Fri, 05 Aug 2022 00:00:00 +0530</pubDate>
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      <title>2022 (8) TMI 423 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=426184</link>
      <description>The SC held that the High Court should have addressed the disclosure application before proceeding on limitation, because the manner of prosecution and the material relied on were relevant to delay and cognizance. It further held that the first opinion of Justice (Retd.) B.N. Srikrishna, the Malegam report, and the second opinion were part of an inconclusive investigative exercise and could not be withheld as privileged in the criminal proceedings. Fairness, natural justice, transparency, and the right to a fair trial required disclosure, and selective partial production was impermissible. The impugned order was set aside and disclosure directed.</description>
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      <pubDate>Fri, 05 Aug 2022 00:00:00 +0530</pubDate>
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