Decide on handing 'sensitive' papers in a month, SC directs CBI
New Delhi, March 4 -- The Supreme Court has directed the Central Bureau of Investigation (CBI) to decide within a month whether it will provide copies of certain "sensitive" documents to a retired Army officer facing trial under the Official Secrets Act (OSA) for exposing alleged irregularities within the Research and Analysis Wing (RAW) in his book published in 2007.
In a hearing held on Friday, the top court said that confidentiality cannot be a ground to deny the Army veteran the supply of documents if those documents form the basis for prosecuting him under OSA. A bench of justices JK Maheshwari and Atul S Chandurkar said, "If you (CBI) are using the documents against him, you cannot say they are confidential. You find a way out without inviting an order from this court."
The court was hearing a petition filed by Major General (retd) VK Singh, who wrote 'India's External Intelligence - Secrets of Research and Analysis Wing (RAW)' soon after his retirement in 2007. The book allegedly exposed irregularities within the Research and Analysis Wing (RAW), leading to a criminal case under the OSA.
Appearing for Singh, advocate Suroor Mander told the court that the documents sought are crucial for defending the charges in the ongoing trial. "My client seeks 12 documents and statements by four witnesses," she said.
Mander submitted that a trial court had earlier ruled in Singh's favour and directed that copies of the documents be supplied under certain conditions. However, the Delhi high court later reversed that order, holding that due to the confidential nature of the material, only inspection of the documents could be allowed, not copies.
"Why are you not permitting him the documents?" the bench asked the CBI, which was represented by additional solicitor general Davinder Pal Singh.
The ASG told the court that the documents carried sensitivity. "There is sensitivity attached to these documents. They are interested only in knowing which documents they are. The high court has allowed inspection, which serves their purpose," he said.
The bench responded that its concern was to ensure fairness in the trial. "Our intention is to ensure that a person implicated by certain documents is not deprived of that same material," the court said.
The CBI sought four weeks' time to obtain instructions on the issue. The bench granted time and posted the matter for further hearing on April 10.
Mander also sought a stay on the trial proceedings. The court, however, did not find it necessary to pass such an order, noting that the CBI was represented in the present proceedings and had been asked to take a decision. Singh has challenged a September 19, 2025 order of the Delhi HC, which refused to grant him copies of the documents relied upon by the CBI, terming them "classified information". The HC instead allowed him and his authorised counsel to inspect the records lying with the trial court as and when required to enable them to defend themselves....
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