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

The Supreme Court on Monday (May 18, 2026) directed the Central Bureau of Investigation (CBI) to provide “typewritten copies” of certain “sensitive” documents to a retired Army officer who is being prosecuted 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 J K Maheshwari and Atul S. Chandurkar observed that claims of confidentiality cannot be invoked to deny the accused access to documents forming the basis of the charge sheet, especially when such materials are an integral part of his defence.

“When the documents used against him in court are requested by the defendant himself, such documents must be produced… we direct that the documents referred to in the application be submitted for his defense within two months,” the court said.

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

The board also allowed the senior officer to examine the original documents during the trial before the trial court. But he warned that the documents should not be disclosed or distributed in the media under any circumstances.

The court ruled that “…the documents requested or provided cannot be disclosed to the public by the applicant electronically, on social platforms or through other means. A letter of undertaking on this matter may be submitted to the court by the applicant within one month.”

The CBI, represented by Additional Solicitor General (ASG) Davinder Pal Singh, said the agency was willing to provide “typed copies” of the documents. “We will receive typed copies instead of originals… My Lords may take responsibility if these are made public,” 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 related to the intelligence agency in the course of his official duties. According to the agency, the book disclosed various “secret classified information”, including the names and names of officials, station codes, operational functions and other technical details, in violation of the 1923 Act.

Previously, the ASG had opposed sharing the documents with the retired officer, citing the “sensitivity” of the material. However, the court explained that its purpose was to ensure that a person accused on the basis of certain documents is not denied access to the material relied upon against him.

The CBI filed a case against Mr. Singh in September 2007 for allegedly disclosing classified information prejudicial to the country’s security interests. In April 2008, the Center approved filing of charges under the 1923 Act.

Later, in 2009, the trial court took cognizance of the charges under Sections 3 and 5 of the 1923 Act, which relate to “espionage” and “false communication”, apart from the offenses relating to criminal breach of trust by a public servant and criminal conspiracy under the Indian Penal Code, 1860.

The court had previously directed that copies of documents be provided subject to certain conditions. However, the Delhi High Court later set aside this order, stating that the confidential nature of the material required only examination of the documents and not their handing over to the accused.