The Calcutta Weekly Notes Monday February 16 1942

The proper form of claiming the privilege would be to do so under the sanction of an oath the oath being that of a responsible Minister of State who would have to swear not merely a formal affidavit but a fuller affirmation showing that his mind had been brought to bear upon the `expediency in the public interest of prducing or withholding the document. [...] Even After the claim had been properly made the Court would have the power to require some 'indication of the injury apprehended and even to call for the production of the docment itself and to determine the validity of the claim for itself. [...] The papers of which production was asked for were those relating to the loss of the sumarine Thetis and the refusal to produce rested on an affidavit by the First Lord of the Admiralty. [...] After the expiry of ninety days the Petitioner presented a petition for reviing the order of the dismissal of the appeal and he paid a court-fee of Rs. [...] The sending of a letter to the District Magistrate intimating that the accused itends to start anti-war slogans is not an " act preparatory to the commission of a pre-judicial act within the meaning of r. 121 of the Defence of India Rules and is not punishable as such.