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The Supreme Court connected Monday (May 18, 2026) directed the Central Bureau of Investigation (CBI) to furnish “typed copies” of definite “sensitive” documents to a retired Army serviceman facing proceedings nether the Official Secrets Act, 1923, for allegedly exposing irregularities wrong the Research and Analysis Wing (R&AW) successful a publication published successful 2007.
A Bench of Justices J.K. Maheshwari and Atul S. Chandurkar observed that claims of confidentiality could not beryllium invoked to contradict the accused entree to documents forming the ground of the prosecution, peculiarly erstwhile specified worldly was integral to his defence.
“When the request for the documents was made by the accused himself, which is being utilized against him successful a tribunal proceeding, specified documents ought to beryllium supplied...we nonstop that the documents arsenic referred to successful the exertion beryllium supplied for his defence wrong 2 months,” the Bench said.
The tribunal was proceeding a petition filed by Major General (retd.) V.K. Singh, who had alleged irregularities wrong the RAW successful his 2007 book, India’s External Intelligence: Secrets of Research and Analysis Wing (RAW), published soon aft his retirement.
The Bench besides permitted the seasoned serviceman to inspect the archetypal documents during the people of proceedings earlier the proceedings court. However, it cautioned that the documents indispensable not beryllium disclosed oregon circulated done the media nether immoderate circumstances.
“...documents arsenic demanded oregon supplied shall not beryllium made nationalist by the applicant by physics media oregon connected societal platforms oregon otherwise. An undertaking successful this respect whitethorn beryllium filed by the applicant earlier the tribunal wrong 1 month,” the Bench ordered.
The CBI, represented by Additional Solicitor General (ASG) Davinder Pal Singh, submitted that the bureau was consenting to furnish “typed copies” of the documents. “Instead of originals, we volition get typed copies... My Lords whitethorn fasten work successful lawsuit they are made public,” helium said.
The CBI alleged that Mr. Singh, portion serving arsenic Joint Secretary successful the Cabinet Secretariat (R&AW) betwixt November 2002 and June 2004, had entree to classified accusation relating to the quality bureau successful the people of his authoritative duties. According to the agency, the publication disclosed assorted “classified concealed information”, including the names and designations of officials, presumption codes, operational functions and different method details, successful usurpation of the 1923 Act.
Earlier, the ASG had opposed sharing the documents with the retired officer, citing the “sensitivity” attached to the material. The court, however, clarified that its nonsubjective was to guarantee that a idiosyncratic implicated connected the ground of definite documents was not denied entree to the precise worldly being relied upon against him.
The CBI registered a lawsuit against Mr. Singh successful September 2007, alleging that helium had disclosed confidential accusation prejudicial to the information interests of the nation. In April 2008, the Centre granted authorisation for the filing of a chargesheet nether the 1923 Act.
Subsequently, successful 2009, the proceedings tribunal took cognisance of the chargesheet nether Sections 3 and 5 of the 1923 Act, pertaining to “spying” and “wrongful communication”, isolated from offences nether the Indian Penal Code, 1860, relating to transgression breach of spot by a nationalist servant and transgression conspiracy.
Earlier, the proceedings tribunal had directed that copies of the documents beryllium furnished taxable to definite conditions. However, the Delhi High Court aboriginal acceptable speech the direction, holding that the confidential quality of the worldly warranted lone inspection of the documents and not their proviso to the accused.
