Official Secrets Act Doesn't Bar Supply Of Documents Relied Upon In Chargesheet To Accused : Supreme Court
Here's a ruling that connects national security with fair trial rights, a classic CLAT crossover. The Supreme Court has held that the Official Secrets Act doesn't allow the prosecution to hide documents from an accused person if those documents were relied upon in the chargesheet. So basically, the state can't say a paper is too secret to share once it's using that same paper to prosecute you. What this really means is the right to a fair trial under Article 21 stays protected even in espionage cases. Bottom line for the exam, remember the Official Secrets Act, OSA, and the principle that an accused must get every document the prosecution relies on.
The Supreme Court recently held that the documents relied upon by the prosecution against a person booked under the Official Secrets Act (OSA) cannot be denied to him merely on account of an apprehension that the supply of such a confidential or crucial document would endanger the safety and security of the country. “…we are of firm opinion that supply of documents cannot be denied to...