VINOD KUMAR JHA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THESE two revision petitions raise common questions of law of substantial importance and are accordingly disposed of by this common judgment. Inter alia these petitions raise questions concerning the supply of documents by the prosecution to the accused sought to be prosecuted for the offences under the Official Secrets Act, 1923 (OSA).

(2.) CRIMINAL Revision Petition No. 641 of 2008 by Vinod Kumar Jha and Criminal Revision Petition No. 11 of 2009 by Kulbhushan Parashar are directed against the orders dated 10th July 2007, passed by the learned Chief Metropolitan Magistrate (CMM), Delhi in RC-2(A)/2006/CBI/ACU-IX/ND under Section 120B IPC read with Sections 3 and 5 OSA and Section 409 IPC. They are also directed against the order dated and 18th November 2008 passed by the Additional Sessions Judge (ASJ), Delhi disposing of the application filed by the petitioner and the co-petitioner Kulbhushan Parashar, declining to modify the order passed by the learned CMM.

(3.) THE case of the prosecution is that Wing Commander Sambhajee Lal Surve (A3) of the Air Force, the then Commander Vijender Rana (A4) and then Commander Vinod Kumar Jha (A5) and then Captain Kashyap Kumar, all of the Indian Navy, in collusion with Kulbhushan Parashar (A1), Ravi Shankaran (A2) Wing Cdr. (Retd.) S.K. Kohli, Mukesh Bajaj, Ms. Raj Rani Jaiswal and certain unknown persons of a communication company known as 'Atlas? conspired to unauthorisedly pass on classified documents/information relating to the Ministry of Defence, Government of India and the disclosure of which was likely to affect the sovereignty and integrity of India.