V.K. SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Leave granted.

(2.) Present appeals have been preferred assailing the judgment delivered by High Court of Delhi (hereinafter, 'High Court') dtd. 19/9/2025 in Crl. M.C No. 360 of 2010 and Crl. M.A No. 1255 of 2010, whereby order of Chief Metropolitan Magistrate, Tis Hazari Court, Delhi (hereinafter, 'Trial Court') dtd. 12/12/2009 in RC 5(S)/2007/SCU.V CBI/ACU.IX was modified.

(3.) Shorn of unnecessary details, the facts of the present appeals are that the Appellant is being tried for Sec. 3/5 of the Official Secrets Act, 1923 (hereinafter, 'OSA') and Ss. 409/120B of the Indian Penal Code, 1860 (hereinafter, 'IPC') in connection with FIR No. RC 5(S)/2007/SCU.V dtd. 20/9/2007. It is the case of the prosecution that the Appellant is a retired Major General of Indian Army, who has also worked as a Joint Secretary in Cabinet Secretariat (R&AW) from November 2000 to June 2004. While discharging his above-mentioned duties, he was privy to certain classified information pertaining to R&AW and its functioning. In the year 2007, it is alleged that, the Appellant wrote and published a book titled "India's External Intelligence Secrets of Research and Analysis Wing (RAW)" wherein he published various classified secret information including the names of various officials and their designations, functions, station codes, various technical projects, functioning of telecom division and signals intelligence, including that of SPGs in complete violation of OSA. It was further alleged that by publishing this book, Appellant has enabled general public, foreigners/foreign countries to know the classified secrets of the State that has endangered security as well as sovereignty of India. For sake of brevity, particulars of the allegations are not discussed. Along with the Appellant, one Sh. Vivek Garg was also arrayed as an accused, being the publisher of the said book.