Supreme Court asks CBI to furnish classified documents to former R&AW officer in Official Secrets Act case
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500+ questions on Polity with explanations
📌 Summary:
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SC Bench (Justices J.K. Maheshwari & Atul S. Chandurkar) directed CBI on May 18, 2026 to furnish "typed copies" of sensitive documents to Maj. Gen. (retd) V.K. Singh, who faces trial under the Official Secrets Act, 1923
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Court held that confidentiality claims cannot deny an accused access to documents that form the basis of the prosecution, as the material is integral to his defence
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CBI must supply the documents within two months; accused permitted to inspect originals during trial proceedings but barred from disclosing them via media or social platforms (must file undertaking within one month)
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Background: Singh's 2007 book "India's External Intelligence: Secrets of Research and Analysis Wing (RAW)" allegedly disclosed classified information — names, designations, station codes, operational functions — while he served as Joint Secretary, Cabinet Secretariat (R&AW), 2002–2004
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CBI registered case in September 2007; Centre granted sanction for chargesheet in April 2008; trial court took cognisance in 2009 under Sections 3 & 5 of the 1923 Act (spying, wrongful communication) plus IPC provisions on criminal breach of trust & conspiracy
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Delhi HC had earlier set aside trial court's order allowing supply of copies, holding only inspection was warranted — SC has now overruled this position
🎯 UPSC Relevance: GS-II — Functioning of judiciary, fair trial guarantees under Article 21; balance between national security/state secrecy and accused's right to defence; statutory bodies (CBI, R&AW); Official Secrets Act jurisprudence.
📝 Prelims Facts:
- Official Secrets Act enacted in 1923 (colonial-era law, still in force)
- Sections 3 & 5 of OSA deal with spying and wrongful communication of information
- R&AW operates under the Cabinet Secretariat (not MHA); created in 1968 under R.N. Kao
- Judges Inquiry Act is 1968; sanction for OSA prosecution lies with the Centre
- Maj. Gen. V.K. Singh's book published in 2007
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