( 1 ) THIS petition under Section 482 of the Code of Criminal Procedure (hereinafter referred as the Code ) has been filed on behalf of the State against two orders dated 18th July, 1989 and 3rd August, 1989 passed by Sh. P. R. Thakur, Addl. Sessions Judge, New Delhi summoning Sh. Ved Marwaha, former Commissioner of Police and Sh. Vijay Karan, present Commissioner of Police as defence witnesses at the request of the respondent-accused. The accused-respondent is facing trial under Sections 3, 5 and 9 of Official Secrets Act (hereinafter referred to as the Act ) read with Section 120-B of the Indian Penal Code. The prosecution examined 44 witnesses. Thereafter the statement of the accused-respondent was recorded under Section 313 of the Code. Then he filed a list of 22 witnesses on 15th July, 1989 whom he wanted to examine in defence. On 17th July, 1989 he suggested the names of the witnesses Mr. Ved Marwaha and Mr. Vijay Karan to be added in the list of defence witnesses.

( 2 ) THE grievance is that the defence did not spell out the purpose for which these two senior police officers were to be summoned and examined as defence witnesses. Further that no reason has been given by the

Click Here to Read the rest of this document