BRIG RETD UJJAL DASGUPTA Vs. CABINET SECRETARIAT

JUDGEMENT

(1.) This petition, which challenges a decision dated 25th August 2009 of the Central Information Commission ('CIC'), involves the interpretation of the first proviso to Section 24(1) of the Right to Information Act, 2005 ('RTI Act').

(2.) The Petitioner is facing trial for offences under the Official Secrets Act, 1923 ('OSA') in FIR No. 42 of 2006 registered against him by the Special Cell of the Delhi Police. An application made by him before the trial court seeking supply of certain documents relied upon by the prosecution was dismissed by the learned Additional Sessions Judge ('ASJ') by an order dated 19th April 2008. This was challenged by the Petitioner in this Court by way of Criminal Miscellaneous Case No. 1255 of 2008. By an order dated 25th April 2008 this Court disposed of the said petition with certain directions for supply of soft and hard copies of some of the documents. Although the said judgment was by an order dated 14th May 2008 stayed by the Supreme Court in Special Leave Petition (Criminal) No. 3718 of 2008 by a subsequent order dated 23rd February 2010 the Supreme Court dismissed the special leave petition.

(3.) The background facts are that during the relevant time when the events leading to the filing of the criminal case transpired, the Petitioner was posted as the Director (Computers) in the Research and Analysis Wing ('RAW') under the Cabinet Secretariat, Government of India. It is alleged that the Petitioner was in possession of classified data on his official laptop which he brought to his residence. The allegation was that he had worked on the data on his home PC and transferred the information on to pen drives. The case of the prosecution as contained in paras 11 and 12 of the complaint is as under: