38.6c New Delhi, India, Wednesday, July 03, 2024
Judiciary

Supreme Court Rejects Plea to Quash FIR Against Retired Major General V K Singh Over RAW Secrets Book [Read Order]

By LAWSTREET NEWS NETWORK      25 September, 2023 08:42 PM      0 Comments
Supreme Court Rejects Plea to Quash FIR Against Retired Major General V K Singh Over RAW Secrets Book

NEW DELHI: The Supreme Court on Monday declined to consider a  plea by Major General (retired) V K Singh against the Delhi High Court's judgement, dismissing his plea for quashing a 2007 CBI FIR and charge sheet filed against him for allegedly revealing secret information by publication of his book titled as 'India's External Intelligence- Secrets of Research and Analysis Wing (RAW)'.

A bench of Justices B R Gavai and Prashant Kumar Mishra, however, allowed the petitioner, represented by senior advocate Mahalakshmi Pavani on to approach the trial court by filing a discharge application.

The petitioner contended the whole case arose out of vendetta. The court, however, asked him, "so you would take revenge against the country".

In his plea, Singh contended he has sought to highlight two major issues, that is, lack of accountability and corruption in RAW, the country's external intelligence agency.

He also claimed the provisions of the Official Secrets Act were unconstitutional for violative of fundamental rights.

"The respondent is taking undue advantage of the provisions to incriminate the accused/petitioner herein for the aforesaid offences without a shred of evidence to exact personal vendetta against him for bringing out the huge corruption and other malpractices which is happening within the RAW which goes unchecked as the their books of accounts are not audited by the Comptroller and Auditor General like in cases of other central government departments due to the secretive nature of its operation and functioning," it said.

A single bench of the Delhi High Court had on May 31, 2023 noted the grievance of the CBI, with regard to disclosure of the names of the officer, location of the places and recommendations of the Group of Ministers etc.

"What prejudices the national security cannot be decided by the courts...Thus, it would be a matter of trial after the witnesses are examined to see whether the revelations by the petitioner in his book is likely to affect the sovereignty and integrity of India and/or the security of the State," the bench had said.

The CBI had registered the case against Singh on September 20, 2007 under the Official Secrets Act on a complaint filed by B Bhattacharjee, Deputy Secretary, Government of India, Cabinet Secretariat.

In its 49-page order, the HC had said even though the “entire tenor of the book of the petitioner highlights certain irregularities etc, at RAW”, however, the CBI’s grievance was with respect “to the names of the officer, location of the places and recommendations of the GOM etc”.

"Even in the present case, the recommendations of the GOM, which were deleted from publication, have been reproduced verbatim by the petitioner," the bench had said.

The court had also pointed out the petitioner has heavily relied upon some other books and articles wherein references have been made to the recommendations of the GOM but it may be noted that in none of those articles or publications the recommendations of the GOM have been reproduced verbatim. 

[Read Order] 



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

The Orissa High Court has been without a permanent chief justice since January 5, 2020 after the retirement of former Chief Justice, KS Jhaveri. The high court is currently headed by acting Chief Justice Sanju Panda.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

TRENDING NEWS

jharkhand-hc-takes-suo-moto-action-against-universal-lexisnexis-for-error-in-new-criminal-law-publication
Trending Judiciary
Jharkhand HC takes suo moto action against Universal LexisNexis for error in New Criminal Law Publication [Read Order]

The High Court of Jharkhand orders Universal LexisNexis to correct a crucial error in the new Bhartiya Nyaya Sanhita, 2023, to prevent miscarriages of justice.

02 July, 2024 11:26 AM
new-criminal-laws-criticised-for-hasty-implementation-and-superficial-changes
Trending Vantage Points
New Criminal Laws criticised for hasty implementation and superficial changes

Senior Advocate Mahalakshmi Pavani critiques India's new criminal laws, highlighting their hasty implementation, lack of substantial reform, and potential legal ambiguities.

02 July, 2024 11:42 AM

TOP STORIES

dda-not-sharing-info-on-lgs-visit-on-tree-felling-site-sc
Trending Judiciary
DDA not sharing info on LG's visit on tree felling site: SC

SC rebukes DDA for lack of info on LG’s visit to tree felling site, urging immediate transparency and action to protect Delhi’s green cover.

27 June, 2024 01:32 PM
oral-dying-declaration-without-doctors-certification-admissible-if-victims-conduct-shows-fit-state-of-mind-jharkhand-hc
Trending Judiciary
Oral dying declaration without doctor’s certification admissible if victim’s conduct shows fit state of mind: Jharkhand HC [Read Judgement]

Jharkhand HC rules oral dying declarations admissible without doctor's certification if the victim's conduct shows a fit state of mind, upholding a murder conviction.

27 June, 2024 01:41 PM
west-bengal-bar-council-declares-july-1-as-black-day-in-protest-against-new-criminal-laws
Trending Legal Insiders
West Bengal Bar Council Declares July 1 as Black Day in Protest Against New Criminal Laws [Read Resolution]

West Bengal Bar Council declares July 1 as Black Day to protest new criminal laws, calling the acts "anti-people, undemocratic, and draconian”.

27 June, 2024 01:54 PM
bci-urges-bar-associations-to-refrain-from-strikes-over-new-criminal-laws
Trending Legal Insiders
BCI urges Bar Associations to refrain from strikes over new criminal laws

BCI urges Bar Associations to avoid strikes over new criminal laws, promises committee for amendments amid widespread concerns.

27 June, 2024 02:38 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email