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

The Supreme Court pointed out that claims of confidentiality cannot be invoked to deny the accused access to documents that are the basis of the criminal prosecution, especially if these materials are an integral part of his defense. | Photo credit: The Hindu

The Supreme Court on Monday (May 18, 2026) directed the Central Bureau of Investigation (CBI) to provide “written copies” of certain “sensitive” documents to a retired army officer who is facing trial under the Official Secrets Act, 1923, for allegedly exposing irregularities within the Research and Analysis Wing (R&AW) in a book published in 2007.

A bench of Justices JK Maheshwari and Atul S. Chandurkar observed that pleas of confidentiality cannot be invoked to deny an accused access to documents underlying the prosecution, particularly where such material was integral to his defence.

“When the accused himself has requested the documents which are used against him in the trial, those documents should be supplied…we direct that the documents mentioned in the request be supplied for his defense within two months,” the Bench said.

The court was hearing a petition filed by Major General (retd) VK Singh, who in his 2007 book, India’s External Intelligence: Secrets of Research and Analysis Wing (RAW), published shortly after his retirement, had alleged irregularities within RAW.

The Bench also allowed the veteran to inspect the original documents during the proceedings before the trial court. However, she warned that the documents must not be published or disseminated through the media under any circumstances.

“…the requested or supplied documents shall not be published by the applicant in electronic media or social platforms or otherwise. In this regard, the applicant may submit an undertaking to the court within one month,” the Bench ordered.

The CBI, represented by Additional Solicitor General (ASG) Davinder Pal Singh, said the agency was willing to provide “written copies” of the documents. “Instead of the originals, we will get written copies… My Lords can take responsibility if they are published,” he said.

The CBI alleged that Mr Singh, while serving as Joint Secretary in the Cabinet Secretariat (R&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 revealed various “classified classified information,” including officials’ names and designations, station codes, operational functions and other technical details, in violation of the 1923 law.

Earlier, the ASG had opposed sharing the documents with the retired officer, citing the “sensitivity” associated with the material. However, the court clarified that its aim was to ensure that a person who is implicated on the basis of certain documents is not denied access to the very material being used against him.

The CBI registered a case against Mr. Singh in September 2007, alleging that he had leaked confidential information prejudicial to the country’s security interests. In April 2008, the Center granted sanction for filing a chargesheet under the 1923 Act.

Subsequently, in 2009, the trial court took cognizance of the charge under Sections 3 and 5 of the 1923 Act, relating to “espionage” and “miscommunication”, in addition to the Indian Penal Code 1860 offenses of breach of trust by a public servant and criminal conspiracy.

The trial court had previously ordered that copies of the documents be provided under certain conditions. However, the Delhi High Court later set aside the direction, holding that the confidential nature of the material required only inspection of the documents and not their supply to the accused.

Published – 18 May 2026 21:39 IST