Supreme Court salvo to CBI on classified files in Official Secrets Act case

THe sublime margaret court lately directed the exchange Bureau of investigating (CBI) to decide within a month whether to provide “sensitive” documents to a retired Army officer facing trial under the Official Secrets Act (OSA) for exposing alleged irregularities within the Research and Analysis Wing (RAW) in a book published in 2007.In a hearing on Friday, the top court said confidentiality cannot be grounds to deny the veteran these documents if they are the basis for prosecuting him under OSA. A bench of justices JK Maheshwari and Atul S Chandurkar said:  “If you (CBI) are using the documents against him, you cannot say they are confidential. You find a way out without inviting an order from this court.”The court was hearing a petition filed by Major General (retd) VK Singh who blew the lid off the irregularities within the RAW in his book “India’s External Intelligence - Secrets of Research and Analysis Wing (RAW)” published soon after his retirement in 2007.Singh’s lawyer Suroor Mander pointed out that the documents are crucial to his defence. “My client seeks 12 documents and statements by four witnesses.” She pointed out that the trial court ruled in their favour and directed that a copy of each document be provided under some conditions. But the Delhi high court reversed that ruling, citing that confidentiality permitted only inspection of the documents, Mander said.“Why are you not permitting him the documents?” the bench asked CBI, represented in court by additional solicitor general (ASG) Davinder Pal Singh.The ASG said, “There is sensitivity attached to these documents. They are interested only in knowing which documents they are. The high court has allowed inspection, which serves their purpose.”CBI alleged that Singh served as Joint Secretary in the Cabinet Secretariat (R&AW) from November 2002 to June 2004 and in the course of his official duties, had access to classified information pertaining to the RAW. According to the CBI, the book published various “classified secret information” including the name of various officials and their designations, functions, station codes, and other technical details in violation of the OSA.The matter will be taken up next on April 10.The court told CBI, “Our intention is to ensure that a person implicated by certain documents is not deprived of that same material.”CBI requested the matter be taken up after four weeks to obtain instructions. Mander requested a stay of the trial, which the bench did not consider necessary since CBI was represented in these proceedings.CBI registered the case against Singh in September 2007 accusing him of revealing secret information that prejudiced the security of the nation. In April 2008, the Centre gave the authorisation for filing a charge sheet under OSA. In 2009, the trial court took cognisance of the charge sheet under sections 3 and 5 of OSA dealing with “spying” and “wrongful communication” besides other offences of criminal breach of trust by public servant and criminal conspiracy under the Indian Penal Code (IPC).