Attorney General argued that the documents presented are privileged documents, which cannot be considered in evidence as per Section 123 of the Indian Evidence Act.
The documents are protected under the Official Secrets Act.
AG said that the disclosure of these documents is also exempted under the Right to Information Act. Justice KM Joseph observed that the Section 24 of the RTI Act that even security and intelligence establishments are not exempted from disclosing information in relation to corruption and human rights violations.
Prashant Bhushan, argued that claim of privilege cannot be made over documents which are already in public domain.