New Delhi, Jun 06: The Supreme Court has said that an accused cannot be denied access to documents forming part of the chargesheet as withholding them could seriously prejudice their right to a fair trial.
The observations came from a bench of Justices J K Maheshwari and A S Chandurkar, which directed that a typed copy of some “highly confidential” documents be provided to retired Major General V K Singh, who is facing prosecution in a case lodged in 2007 under the provisions of the Official Secrets Act, 1923.
The bench noted it was not the CBI’s case that documents sought by Singh, who was also a former RAW official, were not relevant for the purpose of trial, and the only objection taken by the prosecution was that they were “highly confidential for the purpose of national security” and if its copies were supplied, there were chances that those may come out in the public domain.
“It is trite law that an accused cannot be denied access to documents forming part of the chargesheet, including those from the general diary, if such documents were obtained in good faith, are relevant to the prosecution’s case, and their disclosure is considered necessary by the public prosecutor for the interests of justice and fair trial,” the bench said in its May 18 order.
“It is so because withholding such documents could seriously prejudice the accused’s right to a fair trial,” it said.
The apex court passed the order on Singh’s plea challenging a September order of the Delhi High Court from last year.
The high court had modified a December 2009 order of a trial court, which had directed the prosecution to supply copies of documents sought by Singh.
Singh had filed an application under Section 207 of the Code of Criminal Procedure (CrPC) before the trial court seeking a direction to the prosecution to supply some documents, which formed part of the chargesheet but were not supplied to him.
Section 207 of the CrPC deals with the supply of a copy of the police report and other documents to the accused.
Dealing with the plea, the apex court said, “In our view, being part of the chargesheet and being used against, the said documents ought to be supplied to the appellant (Singh)”.
The bench said with a view to balancing the interests of the right to fair trial of the accused, which is also an important facet of the fundamental right to life and personal liberty under Article 21 of the Constitution, with that of national security and sovereignty, it had asked the law officer appearing for the CBI to come up with an equitable proposal.
It noted that during the hearing, the law officer submitted that they would supply a typed copy of those documents with a condition that Singh may use them only for the purpose of court proceedings and that the documents would not be circulated in any manner whatsoever, particularly in electronic or print media or through social media platforms.
“In view of the aforesaid, the order passed by the high court is set aside, and the order of the trial court stands modified. We direct that the typed copy of the documents as referred in the application filed by the appellant under Section 207 of CrPC… be provided to the accused for the purpose of his defence within two months,” the bench said.
The top court made clear that these documents should not be made public by way of electronic or print media, or any social platform or otherwise in any manner whatsoever.
“An undertaking in this regard be filed by the appellant before the trial court within one month,” the bench said while disposing of the plea.
The CBI registered a case against Singh in September 2007, on a complaint that he allegedly revealed secret information by publication of his book titled ‘India’s External Intelligence – Secrets of Research and Analysis Wing’.
A chargesheet was filed for the alleged offences under the provisions of the Official Secrets Act and the Indian Penal Code in April 2008, with a request before the trial court to keep the classified documents forming part of the chargehseet in a sealed cover.
Later, Singh filed an application under Section 207 of the CrPC before the trial court.
In December 2009, the trial court directed the CBI to supply copies of documents sought by Singh after moving an appropriate application for the de-sealing of those documents.
The trial court passed the direction subject to the condition that the documents so supplied would remain in the personal custody of the counsel representing Singh and that the same be not circulated in any manner.
The prosecution challenged the trial court’s order before the high court.
The high court modified the order with a direction that Singh was permitted to inspect the documents lying with the trial court in order to enable him to effectively defend himself in the trial.
