(1) By present petition, the petitioners assailed order dated 10th July, 2007 of learned CMM allowing an application under Section 173 (5) (a) read with Section 207 of Cr. P.C. moved by CBI with a prayer that official secret documents recovered from the accused (enlisted in the application) relating to Ministry of Defence and Defence Forces containing classified information be not supplied to the accused since the disclosure of the information contained in the document would be prejudicial to the security, safety and interest of the Nation.

(2) The accused was facing trial under Official Secrets Act and the case was at initial stage of supply of documents when this application was made and allowed by the learned CMM on the ground that the documents contained sensitive information, disclosure of which could adversely affect the security of Nation and copies of these documents should not be handed over to the applicant. The order of learned CMM is assailed on the ground that the learned trial court wrongly considered that the subject matter of documents was not required to be proved and only the facts that documents contained sensitive information and the documents were unaut