CBI Vs V K Singh & Anr (Delhi High Court)
The Delhi High Court considered a petition filed by the Central Bureau of Investigation (CBI) challenging an order dated 12.12.2009 passed by the Chief Metropolitan Magistrate (CMM), Tis Hazari Courts, Delhi. The impugned order had allowed an application under Section 207 of the Code of Criminal Procedure, 1973 (CrPC) and directed supply of certain documents to the accused persons in a prosecution under Sections 3 and 5 of the Official Secrets Act, 1923 and Sections 409 and 120B of the Indian Penal Code.
Read Sj Judgment in this case: Opaque Veil: National Security or confedential & Denial of Documents in GST Adjudication
The case originated from allegations that the first respondent had disclosed secret information through publication of a book titled “India’s External Intelligence – Secrets of Research and Analysis Wing (RAW).” Following a complaint, the CBI registered an FIR and conducted searches. The Central Government subsequently authorized prosecution under Section 13(3) of the Official Secrets Act. A chargesheet was filed along with a request that classified documents be kept in sealed cover. Cognizance was taken by the CMM in January 2009.
The respondents later sought copies of documents relied upon by the prosecution. The CMM allowed the request and directed that the documents be supplied after de-sealing, while imposing safeguards that the documents would remain in the personal custody of the defence counsel and would not be circulated.
