Delhi High Court Allows Retired Major General VK Singh To Inspect Documents In CBI FIR Over Revealing Classified Information In Book

The Delhi High Court has allowed Major General (retired) V.K. Singh to inspect documents to effectively defend himself during the trial in an FIR registered by CBI alleging that he published some classified and secret information about Research and Analysis Wing in his book authored in 2007 after his retirement.

Justice Amit Mahajan noted that the CBI was not opposed to the inspection of the documents and had only said that since the documents were sensitive, their hard copies be not supplied.

After retiring from service in 2002, Singh published the book titled 'India's External Intelligence- Secrets of Research and Analysis Wing (RAW)' in June 2007. An FIR was then registered by CBI after which a complaint and police report were filed before the trial court in 2008. 

The case against Singh was initiated by a Deputy Secretary, Government of India, Cabinet Secretariat.

The complaint was filed against Singh and another individual under the Officials Secrets Act, 1923. The grievance of CBI was that the names of officer, location of various places and recommendations of the GOM etc. were disclosed in the book.

Justice Mahajan was dealing with CBI's plea challenging the trial court orders allowing that copies or certain documents lying with the trial court be given to Singh and another individual.

Disposing of the plea, the Court noted that the purpose of supplying documents to the accused is to galvanise an accused person's right to a fair trial as has been enshrined under Article 21 of the Constitution of India.

It said that the purpose is to protect the right of an accused to be provided with all the material that the prosecution proposes to rely upon in the trial.

The Court allowed the inspection of the documents sought by Singh and another individual, as opposed to the supply of the copies of the documents to the counsel representing them.

“In view of the above, the present petition is allowed to the extent that the impugned order is modified and the respondents along with their duly authorised counsel are permitted to inspect the documents lying with the learned Trial Court as and when required to enable the respondents to effectively defend themselves during the trial,” the Court said.

Title: CBI v. V K SINGH & ANR

Citation: 2025 LiveLaw (Del) 1180

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