Section 3, 5 of Official Secrets Act, Section 8(1) and 8(2) of RTI Act, Section 123 of the Indian Evidence Act Case Law
Yashwant Sinha v. CBI
(The Revision Petition was dismissed and the Court stated that There is no provision has been brought to notice by which Parliament has vested any power in the executive arm of the government either to restrain publication of documents marked as secret or from placing such documents before a Court of Law which may have been called upon to adjudicate a legal issue concerning the parties.)
- Bench: Ranjan Gogoi, C.J.I., Sanjay Kishan Kaul and K.M. Joseph, JJ.
Issue:
· Whether a document marked secret under Official Secrets Act, 1923 be restrained from publication or placing before Court of Law for adjudication?
Facts:
· The three documents which are the subject matter of the present controversy, admittedly, was published in 'The Hindu' newspaper on different dates in the month of February, 2019.
· One of the documents i.e. Note-18 of the Ministry of Defence was also published in 'The Wire' a member of the Digital Print Media.
· The fact that the three documents had been published in the Hindu and were thus available in the public domain has not been seriously disputed or contested by the Respondents.
· No question has been raised and, very rightly, with regard to the publication of the documents in 'The Hindu' newspaper.
Appellant’s Contentions:
· No question has been raised and, in our considered opinion, very rightly, with regard to the publication of the documents in 'The Hindu' newspaper.
· The right of such publication would seem to be in consonance with the constitutional guarantee of freedom of speech.
Respondent’s Contentions:
- 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 Act, 1923.
- It is further contended that the documents cannot be accessed under the Act, 2005 in view of the provisions contained in Section 8(1)(a) of the said Act.
Final Decision:
By dismissing the petition, the Supreme Court stated that there is no provision in the Official Secrets Act and no such provision in any other statute has been brought to notice by which Parliament has vested any power in the executive arm of the government either to restrain publication of documents marked as secret or from placing such documents before a Court of Law which may have been called upon to adjudicate a legal issue concerning the parties. ButThe preamble to the constitution proclaims justice-social, economic or political, as the goal to be achieved. It is the duty of every State to provide for a fair and effective system of administration of justice. Judicial review is, in fact, recognised as a basic feature of the Constitution. Section 24 of the Act also highlights the importance attached to the unrelenting crusade against corruption and violation of human rights. The most important aspect in a justice delivery system is the ability of a party to successfully establish the case based on materials. Subject to exceptions it is settled beyond doubt that any person can set the criminal law into motion. Ability to secure evidence thus forms the most important aspect in ensuring the triumph of truth and justice. It is imperative therefore that Section 8(2) must be viewed in the said context.
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