IMPORTANT POINTS
1. High Court was not justified in allowing writ petitions when the conclusions were based no untested materials and the writ petitioners had not established them by evidence.
2. Newspaper reports are not to be considered as evidence.

Headnote:Army Act, 1950—Section 18—Official Secrets Act, 1923—Section 3(1)(c)—Espionage activities—General Court Martial—Respondents were sentenced to RI for 14 years each and were cashiered—Against 13 officers, disciplinary actions were initiated—However, a decision was taken not to try them—Administrative order u/s 18 of the Act was passed terminating their services—Writ petition filed by respondent—Respondent was arrested and taken into custody on the basis of information collected by Military Intelligence that respondent had been indulging in acts of espionage by passing secret and classified military information to agents of a foreign country—Writ petition filed by his wife dismissed—Respondent was convicted and sentenced to 14 years rigorous imprisonment—Criminal writ petition filed challenging the Court Martial proceedings was dismissed by the High Court—On respondent’s release from custody, he again challenged validity of Court Martial proceedings filing writ petition—Preliminary objection regarding maintainability of writ petition— Whether High Court was justified in allowing the writ petitions—High Court directed to rehear the matter.
Held : On a bare reading of the High Court’s order and the averments in the writ petitions, one thing is crystal clear that there was no definite allegation against any person who was responsible for the so called manipulation. It is also not clear as to who were the parties in the writ petitions filed. In the grounds indicated in the writ petitions it was stated that there is no bar or impediment on the High Court reviewing the petitioner’s case as also connected cases to enquire into the validity of the acts done against the writ petitioner. Therefore, it was an accepted position that the writ petitioners wanted review of the High Court’s order, which is clearly impermissible. No ground for seeking such review apparently was made out. In any event we feel that the High Court’s approach is clearly erroneous. The present appellants in the counter affidavit filed had raised a preliminary objection as regards the maintainability of the writ petitions and had requested the High Court to grant further opportunity if the necessity so arises to file a detailed counter affidavit after the preliminary objections were decided. The High Court in fact in one of the orders clearly indicated that the preliminary objections were to be decided first. But strangely it did not do so. It reserved the judgment and delivered the final judgment after about three years. There is also dispute as to whether the relevant documents were produced. What baffles us is that the High Court records with original documents were shown to it and the Bench wanted the copies to be filed. In the impugned judgment the High Court proceeded on the basis as if only a few pages of the files were shown. If that was really the case, there was no necessity for the High Court to direct the present appellants to file copies. If after perusal of the documents the High Court felt that these were not sufficient the same would have been stated. But that does not appear to have been done. The High Court also had not discussed as to how the matters which stood concluded could be reopened in the manner done. No sufficient grounds have been even indicated as to why the High Court felt it necessary to do so. To say that though finality had been achieved justice stood at a higher pedestal is not an answer to the basic question as to whether the High Court was competent to re-open the whole issue which had become concluded. The persons whom the High Court felt were responsible for alleged manipulation or persons behind false implication were not impleaded as parties. Newspaper reports are not to be considered as evidence. The authenticity of the newspaper reports was not established by the writ-petitioners. Even otherwise, this could not have been done in a writ petition, as disputed questions of fact were apparently involved. The matters which the High Court found to have been established were really not so. The conclusions were based on untested materials, and the writ-petitioners had not established them by evidence. Since the High Court has not dealt with the matter in the proper perspective we feel it would be proper for the High Court to re-hear the matter. The High Court shall first decide the preliminary objections raised by the present appellants about the non-availability of the writ petitions. Normally such a course is not to be adopted. But in view of the peculiar facts involved, it would be the appropriate course to be adopted in the present case. Therefore, we remit the matter to the High Court for fresh hearing. We make it clear that whatever we have observed should not be treated to be the conclusive findings on the subject matter of controversy.(Para 41)

JUDGMENT

Arijit Pasayat, J.—These two appeals are directed against the common judgment of a Division Bench of the Delhi High Court. By the impugned judgment the High Court disposed of two writ petitions CW No. 3063 of 1995 filed by respondent-Ranbir Singh Rathaur and CW No. 4082 of 1995 filed by Ashok Kumar Rana. Alongwith these two writ petitions seven Letter Patent Appeals were also disposed of. These LPAs. are the subject matter of challenge in Civil Appeal Nos. 2951-57 of 2001 which were de-linked from the present two appeals by order dated 14.2.2006. The LPAs. and these writ petitions filed before the High Court were linked in the sense that in all these cases concerned writ petitioners were dismissed from service by the present appellants. They were all working at the relevant point of time in 168 Infantry Brigade, deployed in a place called Samba in the border areas. By the impugned judgment the High Court held that the proceedings initiated against the writ petitioners forming subject matter of the present appeals were void in law and the orders passed against these and the other officers who were appellants in the LPAs were vitiated being without any material and being a camouflage. The relevant portion of the High Court’s order reads as follows:

”Accordingly we declare that the proceedings initiated against the petitioners in the two writ petitions are void in law and the orders passed against the other officers, the appellants in L.P.As are vitiated being without any material and being camouflage. Having dropped the idea not to conclude Court Martial proceedings knowing fully well that the officers were likely to be acquitted, without producing relevant record before the concerned authority orders of termination were passed flouting all norms. The appellants in the LPAs and the petitioners in the two writ petitions are entitled to all the consequential benefits. We also hereby declare that the orders passed against the appellants in the LPAs are void in law and the conviction and sentence by the GOMs against the writ petitioners are void in law. Consequently, the judgment of the learned Single Judge which are set aside and the writ petitions in those are allowed and the Latent Patent Appeals stand allowed and the two writ petitions also stand allowed. All the writ petitions stand allowed to the above extent indicated and other reliefs prayed for cannot be considered by this Court and it is for the law makers to attend to the same. There shall be no order as to costs.

The respondents shall grant consequential reliefs to all the officers including all monetary benefits within a period of four months from today.”

2. Factual background as highlighted by the appellants is essentially as follows:

In February 1971 Gunner Sarwan Dass was cultivated by Pakistan Intelligence. In 1972 Capt. Ghalwat & Gnr. Sarwan Dass crossed the international border. In 1973 Cap. Ghalwat Gnr. Sarwan Dass were posted in Babina (MP). In 1974 Gnr. Aya Singh was cultivated by Gnr. Sarwan Dass for Pak intelligence. Capt. Nagial was then cultivated by Aya Singh for Pak intelligence. In 1975 for the first time the espionage racket came to be noticed. Aya Singh and Sarwan Dass were arrested. In 1976-1977 pursuant to the investigation 3 more Jawans were arrested. They corroborated the involvement of Sarwan Dass. Sarwan Dass and Aya Singh on further interrogation disclosed the names of Capt. Ghalwat & Capt. Nagial. In 1976-77 Capt. Ghalwat & Capt. Nagial were tried by General Court Martial and were convicted. Ghalwat was cashiered and given 14 years RI. Nagial was given 7 years RI and was also cashiered. In addition, 12 jawans were tried and they were given RI for various descriptions and were dismissed from services. Aya Singh and Sarwan Dass were also among the 12 jawans tried and held guilty. Later in 1978 it was discovered that Aya Singh was holding back certain relevant information relating to espionage activities under certain alleged threat and press

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2006 Supreme(SC) 249

IMPORTANT POINTS1. High Court was not justified in allowing writ petitions when the conclusions were based no untested materials and the writ petitioners had not established them by evidence.2. Newspaper reports are not to be considered as evidence.

IMPORTANT POINTS
1. High Court was not justified in allowing writ petitions when the conclusions were based no untested materials and the writ petitioners had not established them by evidence.
2. Newspaper reports are not to be considered as evidence.