ANIRUDDHA BAHAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present three revision petitions are filed by the petitioners against the order dated 16th October, 2012 passed by the ld.Additional Sessions Judge-FTC(Central) Delhi.

(2.) These revision petitions arise out of FIR i.e., Crime No.RC No.1(S)/2001/SIC.IV New Delhi dated 30.3.2001 registered by the Central Bureau of Investigation (in short referred to as C.B.I.) under Section 3 and 5 of Official Secrets Act, 1923 (hereinafter referred to as "the Act") and Section 120-B of IPC on the complaint of Mr. S.P.Shokhanda, Under Secretary, Ministry of Home Affairs, New Delhi dated 21.3.2001 vide OM No.-1202/184/2000-VC dated 29.3.2000. It was alleged in the OM that a meeting was held on 29.9.1999 under the Chairmanship of Shri G.K.Pillai, Joint Secretary, to discuss the activities of Dutch NGOs in India appeared on the website of Tehelka.com, a news portal, on 9.10.2000. It was alleged that the minutes were classified in nature and were marked "secret" and leakage of these classified documents constitutes an offence under the Act. It was further alleged that the portal had deleted the website pages subsequently. It was alleged that there was reason to believe that Niraj Kumar/petitioner, Section Officer in the Ministry of Home Affairs, NE Division who was the custodian of the file at the relevant time, leaked the information along with some other sensitive information in collusion with another officer of the MHA.

(3.) In pursuance to the FIR, CBI through its Dy.Supdt. of Police, Sh.N.S. Kharayat, filed a complaint dated 4.6.2003 u/s 13 of the Official Secrets Act, 1923 (hereinafter referred to as "the Act") for the offences u/s 3(1)(c), 5(1)(2)(4) of the Act read with section 120-B IPC before the learned C.M.M., Delhi.