Secrecy of Information

(1) Any information obtained by the Lokayukta or Upa- Lokayukta or the member of his staff or any other officer, person or agency referred to in Section 17, in the course of or for the purpose of any preliminary enquiry or any investigation under this Act, and any evidence recorded or collected in relation to such information, shall, subject to the provision of Section 19 be treated as confidential, and not withstanding anything contained in the Indian Evidence Act 1872, no Court shall be entitled to compel the Lokayukta or Upa- Lokayukta or any such member, officer, person or agency or any public functionary to give evidence relating to such information or to produce the evidence so recorded or collected (2) Nothing in sub-section (1) shall apply to the disclosure of such information or evidence: (a) For the purpose of any report to be made under this Act, or for the purpose of any action or proceeding to be taken on such report; or (b) For the purpose of any proceedings for any offence under the Official Secrets Act, 1923, or for the offence of giving or fabricating false evidence under Section 193 of the Indian Penal Code, 1860, or for the purpose of trial of any offence under Section 22, 23 or for the purpose of any proceedings under Section 24. (c) For such other purposes as may be prescribed (3) An officer or other authority prescribed in this behalf may communicate in writing to the Lokayukta or Upa-Lokayukta, as the case may be, with respect to any document or information specified therein or any class of documents so specified, that in the opinion of the State Government the disclosure of the documents or information or of documents or information of that class would be contrary to public interest; and where such communication is made, nothing in this Act, shall be construed as authorising or requiring the Lokayukta or Upa- Lokayukta, or any member of his staff or any other officer, person or agency to disclose or communicate to any person any document or information specified in the communication or any document or information of class so specified. (4) Any person convicted on a trial held under sub-section (1) or sub-section (2) may appeal to the High Court of the State and such appeal may be entertained, heard and decided by a Bench consisting of not less than two judges of the High Court. (5) The provision of this section shall have effect notwithstanding anything contained in the Code of Criminal Procedure, 1971