New Delhi: The Supreme Court has ruled that documents relied upon by the prosecution in a case cannot be withheld from an accused solely because the Official Secrets Act (OSA), 1923, has been invoked. The ruling came in a 19-year-old case involving retired Major General V.K. Singh, who is facing prosecution over alleged disclosure of classified information.
A Bench comprising Justice J.K. Maheshwari and Justice A.S. Chandurkar directed that typed copies of certain confidential documents cited in the charge sheet be supplied to Singh within two months. The court also overturned a Delhi High Court order dated September 19, 2025, which had denied him access to those records.
The case stems from a CBI investigation launched in September 2007 after allegations that Singh, a former Research and Analysis Wing (RAW) officer, disclosed sensitive information in his book “India’s External Intelligence: Secrets of Research and Analysis Wing.”
In its order issued on May 18, the Supreme Court observed that denying access to documents forming part of the charge sheet would undermine the accused’s ability to defend himself effectively during trial. The Bench held that once such documents are being relied upon by the prosecution, they must be made available to the accused, regardless of the provisions of the Official Secrets Act.
The court noted that the CBI had not argued that the documents were irrelevant to the proceedings. Instead, the agency’s objection was based on concerns that the records were highly confidential and that supplying copies could risk their disclosure in the public domain.
Rejecting that argument, the Supreme Court said the right to a fair trial requires that an accused be given access to all relevant documents relied upon by the prosecution. It added that withholding such material could seriously prejudice the defence.
At the same time, the court acknowledged national security concerns and directed that the documents must not be made public through print, electronic, social media or any other platform. Singh has been asked to submit an undertaking before the trial court within one month assuring compliance with this condition.
The Bench further clarified that if required, inspection of the documents can also be permitted during court proceedings under the supervision of the trial court.
