N.G. SHETH Vs. C.B.I.

JUDGEMENT

(1.) THE legal nodus which has arisen in these writ petitions concerns the interpretation of Section 13 of the Official Secrets Act, 1923 (OS Act for short), read in conjunction with sundry sections of the Criminal Procedure Code, 1973 (CrPC hereafter). Vide Gazette Notification dated 6.3.1998 the Central Government, in exercise of powers conferred upon it by Section 13(1) of the OS Act, empowered the Chief Metropolitan Magistrate (CMM), Delhi to try offences punishable under this statute. In terms of Notification dated 21.6.2006 of the Ministry of Home Affairs the Central Government rescinded the earlier Notification dated 6.3.1998 thereby withdrawing the special empowerment of the CMM under the OS Act in this regard. Predicated on the decision of the Delhi High Court on the Administrative side the Registrar General, Delhi High Court addressed a letter No.28088/G-3/OS Act/Gaz/06 dated 7.12.2006 to the District and Sessions Judge, Delhi directing that all the cases pending under the OS Act be withdrawn from the Court of the CMM and be assigned to the Special/Sessions Judges. It is this administrative decision of the Delhi High Court that has been challenged by the Petitioners.

(2.) IN WP(Crl.) 312/2007 a Complaint was lodged on 30.8.1983 under Section (5)(1)(a) of the OS Act and its cognizance was taken on 25.10.1983. Thereafter, on 23.8.2002 the Petitioner had orally exercised the option made available to him by virtue of Section 13 and has declined to be tried by the Court of Sessions. Consequent upon the passing of the impugned Notification dated 21.6.2006 counsel for the Petitioner submits that the CMM has committed the case to the Court of Sessions. We have called for the Trial Court Records and find that this submission is not correct. On the contrary the application filed by the Central Bureau of Investigation for committal of the case to the Court of Sessions in view of the Notification dated 21.6.2006 of the Government of India is still pending. Emphasis has been laid on the fact that the Petitioners had, on 20.9.2002, exercised the option in writing to be tried by the CMM, Delhi. Mr. Siddhartha Luthra, learned Senior Counsel underscores the further position that the Trial has commenced under Chapter XIX Part B of the CrPC and the case is at the stage of recording of pre-charge evidence.

(3.) OUR principal concern centres upon the interpretation of Section 13 of the OS Act which reads thus :