KULBHUSHAN PARASHER Vs. STATE OF DELHI

JUDGEMENT

(1.) The applicant is accused of having committed offences punishable under Sections 3 and 4 of the Official Secrets Act, read with Section 120-B, Indian Penal Code, 1860 (hereafter "IPC").

(2.) According to allegations, the Indian Navy found that sensitive and classified information was being leaked. To ascertain the source and extent of leakage of classified informations, the Indian Navy constituted a Board of Inquiry. On the basis of findings of the court of inquiry and the board of inquiry, Sambajee Lal Surve of Indian Air Force Capt. Kashyap Kumar, Commander Vijender Rana and Commander V.K. Jha were dismissed from the services. Apparently, the names of some private persons including retired defence officers also figured during the inquires, against whom action was not possible under inter alia the Navy Act. The Central Government referred the matter to Central Bureau of Investigation (CBI) for initiating criminal proceedings against all the involved persons.

(3.) The CBI registered case NO. RC 2(A)/2006/ACU-IX/CBI/ New Delhi on 20.03.2006 under Section 120-B IPC and Sec. 3(1) (i) and 5 of the Official Secrets Act, 1923. According to allegations in the FIR, reliable information was received from the Ministry of Defence that the then Wing Commander Sambhajee L. Surve of India Air Force, the then Commander Vijender Rana, the then Commander Vinod Kumar Jha, the then Captain Kashyap Kumar, all of the Indian Navy, in collusion with private persons, inter alia, the applicant Kulbhushan Parashar, Ravi Shankaran, Wing Commander (Retired) S.K. Kohli, Mukesh Bajaj, Ms. Rajrani Jaiswal and unknown person of a communication company called ?Atlas? conspired to unathorizedly trade in classified documents/ informations relating to Ministry of Defence, Central Government, which, if disclosured was likely to affect the sovereignty of India. During investigation, CBI conducted searches, under Section 11(2) of the Official Secrets Act. Six persons, including the applicant were arrested in April, 2006; an accused, Ravi Shankaran, who allegedly conspired with them, could not be arrested, as he was out of the country. His passport was revoked and the Central Government, is making efforts to have him brought back.