Documents Related to Chargesheet Cannot Be Denied to Accused Even in Cases Under Official Secrets Act: SC
New Delhi: The Supreme Court on Tuesday (June 2) said that access of documents related to the chargesheet cannot be denied to an accused just because the concerned case is registered under the Official Secrets Act (OSA).
"An accused cannot be denied access to documents forming part of the charge-sheet... because withholding such documents could seriously prejudice the accused's right to a fair trial," said a bench of Justices J.K. Maheshwari and Atul S. Chandurkar, reported Deccan Herald.
The court made the observations while setting aside a Delhi high court order, wherein it had permitted only the inspection of the documents to the accused, who is the petitioner in the present case.
The court emphasised that rather than outright denial of documents, the right to a fair trial, which is integral part of the fundamental right to life and personal liberty under Article 21 of the Constitution, must be balanced with national security concerns through appropriate arrangements.
The case pertains to a plea by V.K. Singh, a retired major general of the Indian Army who had also served as joint secretary in the Cabinet Secretariat (R&AW) between 2000 and 2004. He had in 2007 written a book titled India’s External Intelligence – Secrets of Research and Analysis Wing (RAW).
Thereafter, Singh was booked under the Official Secrets Act, with the prosecution alleging that the book revealed classified information, including names of officials, station codes, technical projects, and signals intelligence, thereby endangering national security. Vivek Garg, the publisher of the book was also booked as an accused, reported Deccan Herald.
The chargesheet in the case was filed in 2008 with a request to keep classified documents in a sealed cover. Singh had subsequently moved an application under Section 207 of the CrPC wherein he sought copies of certain documents mentioned in the charge-sheet.
While the trial court allowed the plea in 2009, the Delhi high court later modified the order, permitting only inspection of the documents.
Advocate Prashant Bhushan, who appeared for Singh, submitted that the Delhi high court order failed to uphold the mandate of Section 207 CrPC, because the documents formed part of the charge-sheet and were intended to be used against the accused.
The court noted that the prosecution did not claim the documents were irrelevant for the trial and court sought an equitable proposal from the Central Bureau of Investigation (CBI).
Additional solicitor general D.P. Singh told the court that typed copies could be provided with strict conditions including that the documents could be used only for court proceedings and not circulated in any form, including electronic or print media or social platforms.
The Supreme Court on Tuesday set aside the Delhi high court order and modified the trial court’s direction by directing the prosecution to supply typed copies of the specified documents to the accused within two months for his defence. Inspection, if needed, would be permitted during court proceedings.
The court also directed the appellant to file an undertaking before the trial court within a month that the documents would not be made public in any manner.
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