JUDGMENT

1. A complaint was filed by B.Bhattacharjee, Deputy Secretary, Government of India, Cabinet Secretariat with CBI seeking legal action against the petitioner Major General (retired) V.K. Singh under the provisions of Officials Secrets Act, 1923 on which FIR RC No.5 (S)/2007- SIU.V dated 20th September, 2007 was registered by CBI against the petitioner. The allegations in the FIR against the petitioner are that he revealed secret information by publication of his book titled as "India's External Intelligence- Secrets of Research and Analysis Wing (RAW)". On an application filed by CBI, search warrants were issued by learned Metropolitan Magistrate on 20th September, 2007 permitting CBI officers to conduct search of the premises of the petitioner, whereafter search was conducted and a compliance report was filed on 24th September, 2007. Central Government vide its order dated 7th April, 2008 under Section 13 (3) of the Officials Secrets Act, 1923 authorized Saurabh Tripathi, S.P. (ACU- IX), CBI to file a complaint in this respect in the Court of competent jurisdiction, whereafter on 9th April, 2008, a complaint was filed against the petitioner and Vivek Garg under Section 13 of the Officials Secrets Act, 1923 ("OSA"). On an application of the same date under Section 210 Code of Criminal Procedure, 1973 (Cr.P.C.) the complaint filed by CBI was stayed till further proceedings pending, filing of charge sheet. Final report in the investigation in RC No.5 (S)/2007/SCU-V under Sections 3 and 5 of OSA and under Section 120B and 409 Indian Penal Code (IPC) against the petitioner was filed on 11th April, 2008 with request to keep the classified documents in sealed cover.

2. Vide order dated 17th April, 2008 learned Trial Court tagged both the files, that is, of the charge sheet and the complaint case against the petitioner. Cognizance was taken by learned CMM on 31st January, 2009 on the complaint for offence punishable under Sections 3 and 5 of OSA and on the charge sheet for offence punishable under Section 409 read with Section 120B IPC, however, sanction was received on 1st April, 2009. Hence, the petition seeking quashing of the FIR and charge sheet was filed. Later, an application being Crl. M.A. No.1652/2009 was filed seeking stay of the trial wherein this Court vide order dated 13th February, 2009 exempted the petitioner from appearing before the learned Trial Court subject to his being represented through counsel which order is continuing till date. Subsequently, the petitioner sought amendment of the prayer in the petition vide Crl.M.A. 10197/2019 seeking quashing of the complaint as well.

3. Learned counsel for the petitioner contends that the petitioner's intention to write the book was to highlight two major issues, that is, lack of accountability and corruption in Research and Analysis Wing (in short `R&AW') the country's external intelligence agency. According to the petitioner, he reported the instances of corruption that came to his notice while he was serving in R&AW itself. One of such being procurement of VHF/UHF Antennae and second regarding procurement of communication equipment by SPG. It is the case of the petitioner that initially the deals were put on hold however, as the petitioner left R&AW, deals were revived and equipments were purchased at the original price.

4. Learned counsel for the petitioner submits that the charge of the CBI on the petitioner of revealing secrets that are allegedly harmful to the country's security and sovereignty are totally baseless and unfounded. It was submitted by learned counsel for the petitioner that on 31st January, 2009 the CMM took cognizance of offence under Sections 3/5 of OSA, 1923 along with Sections 409 read with Section 120B of IPC without the requisite sanction by the Central Government as required in terms of Section 197 of Cr.P.C. and thus, it makes the cognizance so taken as arbitrary and consequently renders the entire proceedings as void. It is pe