SC says accused cannot be denied access to chargesheet documents

The Supreme Court has ruled that an accused person cannot be denied access to documents that form part of a chargesheet, observing that withholding such material could seriously undermine the right to a fair trial.

A bench comprising Justices J K Maheshwari and A S Chandurkar made the observation while hearing a plea filed by retired Major General V K Singh, who is facing prosecution in a case registered under the Official Secrets Act, 1923. The court directed that typed copies of certain confidential documents be provided to Singh for the purpose of preparing his defence.

The apex court noted that the prosecution had not disputed the relevance of the documents to the trial. The Central Bureau of Investigation's primary objection was that the records were highly confidential and related to national security, raising concerns that copies could enter the public domain if supplied to the accused.

Emphasising the importance of a fair trial, the court said access to relevant chargesheet documents is a fundamental legal right. It observed that denying such access could prejudice the accused's ability to effectively defend themselves and would be inconsistent with the protections guaranteed under Article 21 of the Constitution.

To balance the interests of national security and the accused's right to a fair trial, the court accepted a proposal under which typed copies of the documents would be supplied with strict conditions. The documents may only be used for court proceedings and cannot be circulated through print, electronic or social media platforms. Singh has also been directed to file an undertaking before the trial court ensuring compliance with these restrictions.

The case stems from a 2007 CBI investigation against Singh, a former Research and Analysis Wing (RAW) officer, over allegations that he disclosed classified information in his book on India's external intelligence agency. The Supreme Court's ruling sets aside a Delhi High Court order that had limited him to inspecting the documents and reinforces the principle that access to relevant case material is essential for a fair and effective defence.