Plea of “legal privilege” under S. 129, for non-disclosure of documents/opinions to the accused is untenable, where such documents/opinions form basis for initiating criminal prosecution. Held, SEBI could not have claimed privilege over certain parts of the documents and at the same time, agreeing to disclose some part and such selective disclosure cannot be countenanced in law as it clearly amounts to cherry picking. Partial disclosure of relevant information/documents i.e. cherry-picking, is not permissible.
[Reliance Industries Ltd. v. SEBI, (2022) 10 SCC 181]