The Supreme Courtroom in the present day issued discover on retired Main Basic VK Singh’s problem to a Delhi Excessive Courtroom order which allowed him inspection of paperwork relied upon by the CBI within the Official Secrets and techniques Act case towards him, however not provide of these paperwork.
To recap, the Official Secrets and techniques Act case was lodged towards Singh pursuant to his publication of a guide post-retirement alleging corruption in RAW (Analysis and Evaluation Wing).
A bench of Justices JK Maheshwari and Vijay Bishnoi handed the order, after listening to Advocate Prashant Bhushan (for Singh).
Bhushan apprised the Courtroom that the provision of paperwork relied upon within the chargesheet was allowed by the Justice of the Peace, with a situation that Singh shall not disclose them. CBI had opposed the plea saying the paperwork contained delicate info, however the Justice of the Peace allowed provide of the paperwork.
Vide the impugned order, the Excessive Courtroom interfered with the Justice of the Peace’s order, thereby allowing solely inspection of the paperwork by Singh. Bhushan additional relied on a 1981 judgment in a factually related case, to argue that if paperwork relied upon by the prosecution usually are not equipped, proper to honest trial beneath Article 21 could be defeated.
Background
After retiring from service in 2002, Singh printed a guide titled ‘India’s Exterior Intelligence- Secrets and techniques of Analysis and Evaluation Wing (RAW)’ in June 2007. An FIR was registered by CBI after which a grievance beneath the Official Secrets and techniques Act and police report have been filed earlier than the trial court docket in 2008. The case was initiated by a Deputy Secretary, Authorities of India, Cupboard Secretariat.
The grievance of CBI was that the names of officer, location of assorted locations and proposals of the GOM and many others. have been disclosed within the guide. Initially, the Justice of the Peace court docket ordered that copies or sure paperwork mendacity with the court docket be given to Singh and one other accused.
In CBI’s attraction, the Excessive Courtroom allowed the inspection of the paperwork sought by Singh and the opposite accused, versus the provision of the copies of the paperwork to the counsel representing them. The Courtroom famous that the aim of supplying paperwork to the accused was to galvanise an accused individual’s proper to a good trial as has been enshrined beneath Article 21 of the Structure of India.
It stated that the aim was to guard the fitting of an accused to be supplied with all the fabric that the prosecution proposes to depend on within the trial. “In view of the above, the current petition is allowed to the extent that the impugned order is modified and the respondents together with their duly authorised counsel are permitted to examine the paperwork mendacity with the realized Trial Courtroom as and when required to allow the respondents to successfully defend themselves throughout the trial.”
Aggrieved by the non-supply of paperwork, Singh approached the Supreme Courtroom.
Case Title: V.Okay. SINGH Versus CENTRAL BUREAU OF INVESTIGATION AND ANR., SLP(Crl) No. 19493-19494/2025
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