The Supreme Court on Monday issued notice to the Central Bureau of Investigation (CBI) on a petition by Commander (retd) Jarnail Singh Kalra seeking access to the confidential documents being relied upon by the prosecution against him and others in Navy war room leak case.
An Supreme Court bench of Justice Markandey Katju and Justice Gyan Sudha Misra issued notice after it was told that the prosecution case entirely rested on these confidential documents and must be given to the accused to defend the allegations against him.
The court also issued notice to the investigating agency on a plea seeking stay of the trial court’s proceedings till the issue relating to the sensitive and confidential documents was decided by the Supreme Court held that the prosecution cannot be compelled to give confidential documents to the accused as it would be prejudicial to national interest.
The Supreme Court gave the CBI four weeks’ time to respond on both the pleas.
The CBI registered the case in 2006 on a reference from the defence ministry after examining the report of the inquiry conducted by the Indian Navy.
The CBI claimed that the accused officers entered into a criminal conspiracy for obtaining and collecting information related to defence matters that was calculated to be or might be or was intended to be useful to the enemy or which related to a matter the disclosure of which, to unauthorised persons, was prejudicial to the sovereignty and integrity of India and the security of the state.