ASHOK CHAWLA Vs. C B I

JUDGEMENT

(1.) Some confusion prevails concerning the procedure governing the criminal cases involving accusations of offences under the Official Secrets Act, 1923 ("the Official Secrets Act"), certain notifications issued by the central government, some observations in an earlier judgment of a single bench of this court, and a seemingly unreasonable posture adopted by Central Bureau of Investigation (CBI) in the case from which the present petition arises, having possibly added to the causes. The petition at hand presents the opportunity for such confusion to be dispelled and clarity in the approach expected to be adopted brought about such that cases of this nature do not suffer unnecessary hiccups or delay.

(2.) The background facts may be noted at the outset albeit restricted to the extent necessary. In the wake of searches statedly carried out in a premises located in Defence Colony, New Delhi on 31.08.1995 and 01.09.1995, by the officials of income tax department, recovery of certain classified documents, described as secret and confidential, of Ministry of Defence in the Govt. of India was reported, this resulting in first information report (FIR) being registered by CBI on 30.08.1996 vide RC No.6(S)/1996, the investigation having been taken up into the acts of commission and omission prima facie constituting offences punishable under sections 3 and 5 of the Official Secrets Act and section 120-B of the Indian Penal Code, 1860 (IPC). On 21.11.2000, Inspector Ram Chander Garvan of CBI presented a criminal complaint under section 13 of the Official Secrets Act in the court of Chief Metropolitan Magistrate (CMM) Delhi, on the strength, inter alia, of authorization by the Central Government vide order No.11/17017/18/2000-ISUS (D-11), dated 12.09.2000, seeking prosecution of the petitioners for having committed offences punishable under sections 120-B IPC read with section 3(1)(c) of the Official Secrets Act and for substantive offence under section 3(1)(c) of the Official Secrets Act. The complaint referred to, and relied upon, evidence that had been gathered by the CBI during investigation into the above mentioned FIR, documents relating to which were presented with the complaint, the list of witnesses also having been prepared and presented in such light.

(3.) The CMM, Delhi passed the following order on the said complaint:-