In the recent past, there have been a number of cases of the media publishing classified material leaked from government agencies, especially intelligenccne agencies such as IB and RAW. Some examples are given below:-
1. What Went Wrong: The Inside Story by Shishir Gupta published in the Indian Express on 26/12/2008, in which copies of Top secret letters written by IB to the DGP, Maharashtra were reproduced, giving advance warning of the terror attcaks in Mumbai.
2. Article 'Dirty Games on D Street' in the Mail Today of 7/17/2012, in which copies of Top Secret letters from the IB signed by the Director, Neelanchal Sandhu, have been reproduced.
3. During the first week of July 2012, several newspapers carried the story about a Top Secret report from RAW that China is planning to attack India.
All these constitute clear violations of the Official Secrets Act. Unfortunately, nothing can be done due to a serious lacunae in the OSA, where Section 13 (3) stipulates that courts can take cognizance only based on a complaint from a government department.
I hd filed a complaint in July 2009 under Section 156 (3) CrPC in the court of the CMM, Delhi, in respect of the first case, viz, the article by Shshir Gupta. After two and a half years, the CMM issued summons to to the author and editor. They have promptly appealed in the High Court, quoting Section 13 (3) of the OSA. There are several rulings of the Suprmem Court in this regard.
This a serious lacunae in thye OSA. The provision was inserted by the British to protect govt officials from harassment. As it stands, a common citizen can look on helplessly, since, since government agencies will never make a formal complaint to the court, since theri own officials are involved.
Can anyone suggest a remedy? Of course, the Third Administrative Reforms Commission caired by Veerappa Moily had recommended that the OSA should be amended, since it contradicts the RTI Act, but this has not been implemented, due to opposition from the inteligence agencies.
