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The Indian Army has recently given its ‘no objection’ if a soldier accused of spying is dealt with under the Official Secrets Act (OSA). This case pertains to the transmission of secret information relating to the Indian Army to Pakistan by accused persons with the connivance of a soldier through the Pakistan High Commission.

A Special judge at Tis Hazari Court noted that a ‘no objection certificate’ has been placed on record by the concerned officer of the Indian Army. “Army Captain has placed on record the “no objection certificate” issued by Major General GOC, Headquarter, Armed Forces Special Operation Division that they have no objection if this court deals Naik / Clerk (SD) Paramjit Kumar under Indian Official Secret Act, 1923,” the court noted in the order of April 24.

During the hearing, on the court inquiry, Captain informed the court that after registration of the present case and after coming to know of the facts of the present case and the said documents being secret, confidential and classified documents which have been leaked in the present matter and to ensure the safety in future, the corrective actions have been taken by the Defence Forces so that the said documents which have come on record in the present chargesheet could not be misused against the security of the state in future.

The court had asked the officer that as the classified documents which are available in the present chargesheet are part of a public document, whether the defence forces have ensured that the said classified documents could not be misused by any miscreant against the sovereignty of the country as well as against the security of the state in future.

Now the matter has been listed for arguements on charge in July. Earlier, the Court had requested the top officials of the Indian Army to depute a Commanding officer to appear in court. The court had noted that, as per a report from the Military Intelligence of the Indian Army, all the documents recovered from the other accused, Habib Ur Rehman, are confidential secrets. The court had said that, as per the chargesheet, the accused Paramjeet Kumar, is a Naik of the military base unit at Agra Cantt., Uttar Pradesh and is a military personnel and governed under the Military Law and to ensure a fair trial as per law.

“A letter of request is sent to the Commanding Officer of the unit HQ AFSOD, Agra Cantt., Uttar Pradesh, as well as their Head Office and their Vigilance Branch, as well as Integrated Defence Staff at Sena Bhawan, New Delhi with a request to depute a commanding officer in the present matter to appear in person on the next date of hearing,” a special judge at Tis Hazari Court ordered in December 2023. The court had observed, “There are allegations against accused Paramjeet Kumar, a military official, that he has transmitted classified and confidential documents relating to Indian Army and the same is detrimental to the National security and sovereignty of the country alleged to be provided to accused Habibur Rehman, who in turn would provide it to the official of Pakistan High Commission.

” Before passing the order, the special judge had noted the oral submissions of Investigation Officer (IO) ACP Pankaj Arora, who stated that there are allegations that the documents recovered from accused Habib Ur Rehman were of military secrets of the Indian Army and on interrogation, accused Habib Ur Rehman disclosed that the same were transmitted to him through accused Paramjeet Kumar, a military official of Indian Army under the commanding unit of HQ AFSOD, Agra Cantt., Uttar Pradesh. IO had further stated that accused Habib Ur Rehman further disclosed that he used to supply these military secrets to an official of the Pakistan High Commission in lieu of money either paid directly or through accused Mohsin Khan at the behest of the said official of the Pakistan High Commission.

It was further stated by the IO that the alleged role of the accused, Paramjeet Kumar, while being posted as a military clerk was receiving official documents in an official capacity. He prepared duplicate keys of the office as well as the office almirah and he used to open the said locks and click the photographs of classified and confidential military documents and then transmit them through phone and other electronic modes as well as physically to the accused Habib Ur Rehman as well as sometimes directly to the official of Pakistan High Commission and he was in constant touch with the said official of Pakistan High Commission, the IO had added.

The court had also noted that the IO has received a report from the Military Intelligence of the Indian Army that all the documents recovered from accused Habib Ur Rehman are confidential secrets and classified documents of the Indian Army and any unauthorized disclosure of the contents of the said documents could be expected to cause damage to national security, could be prejudicial to the national interest or would embarrass the government of India in its functioning. Delhi police had registered a case under sections of the Official Secret Act, Criminal Conspiracy, Criminal Breach of Trust, etc. in the year 2021. A chargesheet has already been filed and the case is at the stage of framing charges. Three people have been charge-sheeted by the Delhi police.