Major Gen VK Singh approaches SC for supply of documents in CBI case for revealing R&AW secrets
Before Hight Court, CBI had not opposed the inspection of the documents, but only argued that in place of supplying the hard copies, Singh along with his counsel be given an opportunity to inspect the documents.
The Supreme Court today issued notice in a petition filed by Major General (retired) V.K. Singh seeking supply of the copies of the documents relating to Central Bureau of Investigation’s case registered against him for allegedly revealing secret information in his book "India's External Intelligence- Secrets of Research and Analysis Wing”.
Singh has approached the Supreme Court against the Delhi High Court's decision from September 2025 which allow him inspection of the documents as opposed to the supply of the copies of the documents to his counsel.
Advocate Prashant Bhushan appearing for Singh told a bench of Justices JK Maheshwari and Vijay Bishnoi that there needed to be physical handing over of copies of documents.
Before the High Court CBI had challenged the order of the Chief Metropolitan Magistrate (‘CMM’), Tis Hazari Court, Delhi under Sections 3/5 of the Official Secrets Act, 1923 and Sections 409/120B of the Indian Penal Code, 1860 whereby the Trial Court, in an application filed by Singh under Section 207 of the Code of Criminal Procedure, 1973, had allowed the supply of copies of certain documents to him.
CBI had told the High Court that the CMM erred in directing a supply of the copies of the documents, though he noted that the nature of the documents was sensitive yet proceeded to allow the same. CBI had argued that since the Executive had termed the documents to be ‘secret, confidential and restricted’, and the same was also noted by the CMM, a hard copy of those documents ought not to have been directed to be supplied to Singh.
Notably in 2023 the Delhi High Court had refused to quash the Central Bureau of Investigation’s case registered against Singh. While dismissing the plea by the former RAW officer, the bench of Justice Mukta Gupta had stated that whether the revelations in the book were likely to affect the sovereignty, integrity, and security of the country was a matter of trial and what prejudices national security cannot be decided by courts.
"It would be a matter of trial after the witnesses are examined to see whether the revelations by the petitioner in his book are likely to affect the sovereignty and integrity of India and/or the security of the State. In view of the discussion aforesaid, this Court finds no merit in the petition. Petition and application are dismissed," the court had said.
A complaint was filed by B. Bhattacharjee, Deputy Secretary, Government of India, Cabinet Secretariat with CBI seeking legal action against the petitioner Major General (retired) V.K. Singh under the provisions of the Officials Secrets Act, 1923. Subsequently, an FIR was registered against Singh on September 20, 2007, by the CBI.
The allegations in the FIR were that Singh "revealed secret information" through the publication of his book titled “India’s External Intelligence- Secrets of Research and Analysis Wing (RAW)”. Singh had contended that his intention in writing the book was to highlight two major issues in the country’s external intelligence agency; the lack of accountability and corruption.
On the contrary, the CBI contended that the book had revealed classified information in his book, including details of a “top secret” future technology upgradation. “No doubt, the entire tenor of the book of the petitioner highlights certain irregularities, etc., at RAW but the grievance of the respondent is as to the names of the officer, location of the places, and recommendations of the GOM, etc. This Court in the decisions as noted above i.e. in the case of petitioner himself as also in the case of Ms. Nisha Priya Bhatia has noted that what prejudices the national security cannot be decided by the Courts”, the court had said.
The single-judge bench had noted that even the recommendations of the group of Ministers (GOM), which were deleted from publication, have been reproduced verbatim by the petitioner. “The petitioner has heavily relied upon some other books and articles wherein references have been made to the recommendations of the GOM but it may be noted that in none of those articles or publications, the recommendations of the GOM have been reproduced verbatim”, the court noted.
Case Title: V.K. SINGH vs CENTRAL BUREAU OF INVESTIGATION
Bench: Justices Maheshwari and Bishnoi
Hearing Date: December 12, 2025