The accused cannot be denied access to documents that are part of the indictment: Supreme Court

The Supreme Court said that the accused cannot be denied access to the documents forming part of the indictment as their withholding could seriously prejudice their right to a fair trial.

The comments come from a bench of Justices JK Maheshwari and AS Chandurkar, which ordered that a typescript copy of some “highly confidential” documents be provided to retired Major General VK Singh, who is facing prosecution in a case filed in 2007 under the provisions of the Official Secrets Act, 1923.

The Bench observed that it was not the CBI’s case that the documents sought by Mr. Singh, who was also a former RAW official, were not relevant for the purposes of the trial and the prosecution’s only contention was that they were “highly confidential for national security purposes” and if copies were supplied, there was a chance they could become public.

“It is common law that an accused cannot be denied access to documents forming part of the prosecution, including those of the general journal, if such documents have been obtained in good faith, are relevant to the prosecution’s case, and their disclosure is deemed necessary by the public prosecutor in the interest of justice and a fair trial,” the Bench said in its order dated 18

“This is because the withholding of such documents could seriously prejudice the accused’s right to a fair trial,” it said.

The Supreme Court passed the order on Mr. Singh’s plea challenging the Delhi High Court’s September order last year.

The High Court modified the trial court’s December 2009 order ordering the prosecution to provide copies of documents requested by Mr. Singh.

Mr. Singh filed an application under Section 207 of the Code of Criminal Procedure (CrPC) in the trial court seeking a direction to the prosecution to supply certain documents which were part of the charge sheet but were not supplied to him.

Provision § 207 of the Criminal Code deals with the delivery of a copy of the police report and other documents to the accused.

The Supreme Court considered the objection and said, “In our opinion, the said documents should be produced to the petitioner (Mr. Singh) as they form part of the charge sheet and are used against”.

Keeping in mind the balancing of the interests of the right to fair trial of the accused, which is also an important aspect of the fundamental right to life and personal liberty under Article 21 of the Constitution, with the interests of national security and sovereignty, he asked the counsel appearing for the CBI to make a fair submission.

He noted that during the hearing, the counsel stated that they would provide a hard copy of these documents on the condition that Singh could only use them for the purposes of the court proceedings and that the documents would not be disseminated in any way, especially in electronic or print media or through social media platforms.

“In view of the above, the resolution adopted by the High Court is annulled and the resolution of the court of first instance remains amended. We order that a typewritten copy of the documents, as stated in the proposal submitted by the complainant pursuant to Section 207 of the Criminal Code…, be provided to the accused within two months for the purpose of his defense,” the court said.

The Supreme Court has made it clear that these documents should not be made public through electronic or print media or any social platform or in any other way.

“An undertaking in this regard will be filed by the petitioner in the trial court within one month,” the panel said while disposing of the plea.

The CBI registered a case against Singh in September 2007 on a complaint that he had allegedly leaked classified information by publishing his book titled “India’s External Intelligence – Secrets of Research and Analysis Wing”.

In April 2008, an indictment was filed for alleged offenses under the provisions of the Official Secrets Act and the Indian Penal Code, with a request to the trial court that the classified documents forming part of the indictment be kept in a sealed container.

Later, Mr. Singh filed an application under Section 207 of the Penal Code in the trial court.

In December 2009, the trial court ordered the CBI to provide copies of the documents sought by Mr. Singh after he filed a relevant application to unseal those documents.

The court issued the order on the condition that the documents so provided remain in the personal custody of counsel representing Singh and not be disseminated in any way.

The prosecution challenged the decision of the court of first instance at the High Court.

The High Court modified the order directing that Mr. Singh be allowed to inspect the documents lying with the trial court so that he could defend himself effectively in the trial.

Published – June 6, 2026 6:18 PM IST