What are Privileges in QSO
1- Introduction
This right is based on the ground of convenience and public policy. It is in public interest and interest of justice that a particular witness should not be compelled to disclose certain matters and the law allows them. No one shall be compelled to disclose to the court, tribunal or other authority exercising judicial of quasi-judicial powers or Jurisdiction Any confidential communication.
2- Relevant Law
Article 4 to 14 of QSO
3- Concept of Privileged Communication
No one shall be compelled to disclose to the court, tribunal or other authority exercising judicial or quasi-judicial powers or Jurisdiction any confidential communication.
4- Motive Behind " Privilege Communication "
》Secure Privacy
》Fundamental Right
》Public Interest
》Maintain Reputation
5- General Rule of Production of Evidence u/a 15
Article 15 of QSO provides a general that Witness is bound to tell the whole truth and to produce any document in his possession or power relevant to the matter in issue.
■ Rational Behind General Rule u/a 15
》To promote full and open discussion and complete disclose of facts.
》Doctrine Public Policy
■ Exception to the General Rule
Article 4 to 14 of QSO state the exception to the general rule and deals with the privilege of certain classes of Witnesses which cannot be compelled to disclose certain facts.
6- Purpose of Privilege Communication
This right is based on the ground of convenience and public policy. It is public interest and interest of justice that a particular witness should not be compelled to disclose certain matters and the law allows.
7- Instances of Privilege Communication in QSO
Following are the instances of Privilege,
I- Privilege of Judge and Magistrate u/a 4
When investigation of public preliminary to trial are directed to a very considerable degree by a Magistrate, such Magistrate is personally interested in the case and is disqualify from trying it.
II- Communication During Marriage u/a 5
No person who is or has been married shall compelled to disclose any communication made to him during marriage by any person.
This provision is based on the ground that admission of such testimony have a powerful tendency to disturb the peace of families, to promote domestic broils and to weaken if not to destroy that feeling of mutual confidence, wich is the most enduring solace of married life.
III- Evidence as Affairs of State u/a 6
No one shall be permitted to give any evidence derived from unpublished official record relating to any affairs of state.
It protects the discovery of document referring to matters of state and it is based on the general rule that no person shall be compelled to give evidence of state secrets including communication between public officials.
IV- Official Communication u/a 7
No public officer shall be compelled to disclose communication made to him in official confidence when he considers the public interest would suffer by the disclosure.
V- Information as to Commission of Offence u/a 8
No Magistrate or public officer shall be compelled to say whence he hot any information as to Commission of any offence
It is absolutely essential to the welfare of the state that name of informer should be concealed, it will give a sign of protection to the public to disclose information regarding Commission of an offence.
VII- Professional Communication u/a 9-10
No advocate shall at any time be permitted to disclose any communication made to him by client in the course unless with clients express consent l.
Provided that
Communication made in furtherance of illegal Purpose any fraud or crime committed since commencement of
If such communication were not protected, no one would dare to consult a professional advisor with one a view to his defence or to the enforcement of his right and no man could safely come into court with a view to enforce or defend his right.
VIII- Confidential Communication with Legal Advisor u/a 12
No one shall be compelled to disclose to the court, tribunal or other authority exercising judicial or quasi-judicial Power or Jurisdiction Any Confidential communication which has taken place between him and his legal and professional advisor.
Communication with professional advisors should be unembrassed by any fear as contrary decision give rise to. Moreover a compulsory disclosure of Confidential communication is so apposed to popular conscience on the point that it would lead to frequent falsehood as to what had really taken place.
IX- Production of Title Deed from Not a Party u/a 13
No witness who is not a party to a suit shall be compelled to produce his title deed to any property or document in virtue of which he hold any property as pledge or mortgage.
X- Production of Documents u/a 14
No one shall be compelled to produce document in his possession which any other person would be entitled to refused to produce if they were in his possession unless such last mention person consent to their production.
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