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ARTICLE AD BOX
NEW DELHI: Holding that it is portion of an accused’s close to just proceedings that helium gets entree to documents relied upon by the prosecution, Supreme Court has said invocation of the Official Secrets Act (OSA) cannot instrumentality distant the close of the accused idiosyncratic to get copies of the documents forming portion of the chargesheet adjacent if they are highly classified and confidential pertaining to nationalist security.A seat of Justices J K Maheshwari and Atul S Chandurkar directed the Centre to supply the alleged concealed confidential documents to Major General V K Singh (Retd), who is facing prosecution nether OSA.Give Maj Gen copies of ‘secret documents’: SC to govtMajor General V K Singh (Retd), who besides worked arsenic a associated caput successful the Cabinet Secretariat (RAW) from Nov 2000 to June 2004 but has been charged for allegedly revealing classified accusation successful his publication titled “India’s External Intelligence – Secrets of Research and Analysis Wing (RAW)”.
SC directed govt to supply typed copies of the alleged concealed confidential documents to him wrong 2 months and directed him not to stock the documents with anyone oregon marque them public.“It is trite instrumentality that an accused cannot beryllium denied entree to documents forming portion of the chargesheet, including those from the wide diary, if specified documents were obtained successful bully faith, are applicable to the prosecution’s case, and their disclosure is considered indispensable by the nationalist authoritative for the interests of justness and just trial.
It is truthful due to the fact that withholding specified documents could earnestly prejudice the accused’s close to a just trial,” the seat said.“Being portion of the chargesheet and being utilized against the said documents ought to beryllium supplied to the appellant. While observing so, we are guided by the missive and tone of Section 207 of the CrPC,” the seat said portion allowing Singh’s plea. “The documents arsenic demanded and supplied shall not beryllium made nationalist by mode of physics oregon people media oregon societal level oregon otherwise.
An undertaking successful this respect shall beryllium filed by Singh earlier the proceedings tribunal wrong 1 month.
”Section 207 mandates erstwhile transgression proceedings are instituted, the magistrate indispensable supply accused, escaped of charge, with copies of immoderate papers oregon applicable extract thereof including constabulary report, FIR, and witnesser statements recorded nether Sec 161 of CrPC.A lawsuit against Singh was registered successful 2007 and is being tried for Section 3/5 of OSA and Sections 409/120B of IPC.The prosecution alleged helium published successful his publication assorted classified concealed information, including the names of assorted officials and their designations, functions, presumption codes, assorted method projects, and the functioning of the telecom part and signals intelligence, including that of SPGs successful implicit usurpation of OSA. It was alleged that helium enabled the wide nationalist and foreigners/foreign countries to cognize the classified secrets of the State that person endangered information arsenic good arsenic sovereignty of India.The CBI invoked Sec 14 of OSA to contradict entree to those documents, but SC rejected the plea and said specified mentation of the conception would marque it ultra vires to Part III of the Constitution.
