JUDGMENT

RANJAN GOGOI, CJI

1. A preliminary objection with regard to the maintainability of review petition has been raised by the Attorney General on behalf of the respondents. The learned Attorney General contends that the review petition lacks in bona fides inasmuch as three documents unauthorizedly removed from the office of the Ministry of Defence, Government of India, have been appended to the review petition and relied upon by the review petitioners. The three documents in question are:

(a) An eight-page note written by three members of the Indian Negotiating Team (‘INT’) charged in reference to the Rafale Deal (note dated 01.06.2016)

(b) Note-18 of the Ministry of Defence (Government of India), F.No. AirHQ/S/96380/3/ASR PC-XXVI (Marked Secret under the Official Secrets Act)

(c) Note-10 written by S.K. Sharma (Deputy Secretary, MoD, Air-III), Note dated 24.11.2015 (Marked Secret under the Official Secrets Act)

2. It is contented that the alleged unauthorized removal of the documents from the custody of the competent authority of the Government of India and the use thereof to support the pleas urged in the review petition is in violation of the provisions of Sections 3 and 5 of the