Supreme Court asks CBI to furnish classified documents to former R&AW officer in Official Secrets Act case

<p>The Supreme Court on Monday (May 18, 2026) directed the Central Bureau of Investigation (CBI) to furnish “typed copies” of certain “sensitive” documents to a retired Army officer facing trial under the Official Secrets Act, 1923, for allegedly exposing irregularities within the Research and Analysis Wing (R&amp;AW) in a book published in 2007.</p><p>A Bench of Justices J.K. Maheshwari and Atul S. Chandurkar observed that claims of confidentiality could not be invoked to deny the accused access to documents forming the basis of the prosecution, particularly when such material was integral to his defence.</p><p>“When the demand for the documents was made by the accused himself, which is being used against him in a court proceeding, such documents ought to be supplied...we direct that the documents as referred to in the application be supplied for his defence within two months,” the Bench said.</p><p>The court was hearing a petition filed by Major General (retd.) V.K. Singh, who had alleged irregularities within the RAW in his 2007 book, India’s External Intelligence: Secrets of Research and Analysis Wing (RAW), published shortly after his retirement.</p><p>The Bench also permitted the veteran officer to inspect the original documents during the course of proceedings before the trial court. However, it cautioned that the documents must not be disclosed or circulated through the media under any circumstances.</p><p>“...documents as demanded or supplied shall not be made public by the applicant by electronic media or on social platforms or otherwise. An undertaking in this regard may be filed by the applicant before the court within one month,” the Bench ordered.</p><p>The CBI, represented by Additional Solicitor General (ASG) Davinder Pal Singh, submitted that the agency was willing to furnish “typed copies” of the documents. “Instead of originals, we will get typed copies... My Lords may fasten responsibility in case they are made public,” he said.</p><p>The CBI alleged that Mr. Singh, while serving as Joint Secretary in the Cabinet Secretariat (R&amp;AW) between November 2002 and June 2004, had access to classified information relating to the intelligence agency in the course of his official duties. According to the agency, the book disclosed various “classified secret information”, including the names and designations of officials, station codes, operational functions and other technical details, in violation of the 1923 Act.</p><p>Earlier, the ASG had opposed sharing the documents with the retired officer, citing the “sensitivity” attached to the material. The court, however, clarified that its objective was to ensure that a person implicated on the basis of certain documents was not denied access to the very material being relied upon against him.</p><p>The CBI registered a case against Mr. Singh in September 2007, alleging that he had disclosed confidential information prejudicial to the security interests of the nation. In April 2008, the Centre granted sanction for the filing of a chargesheet under the 1923 Act.</p><p>Subsequently, in 2009, the trial court took cognisance of the chargesheet under Sections 3 and 5 of the 1923 Act, pertaining to “spying” and “wrongful communication”, apart from offences under the Indian Penal Code, 1860, relating to criminal breach of trust by a public servant and criminal conspiracy.</p><p>Earlier, the trial court had directed that copies of the documents be furnished subject to certain conditions. However, the Delhi High Court later set aside the direction, holding that the confidential nature of the material warranted only inspection of the documents and not their supply to the accused.</p>