Former Indian diplomat Madhuri Gupta, accused of leaking classified information to Pakistan’s ISI, will be charged under the stringent provisions of the Official Secrets Act, the Delhi High Court said on Tuesday.
Justice Pratibha Rani set aside the trial court’s 1 January 2012 order by which charges were framed against the diplomat that provided for a punishment of only three years. The Delhi police had challenged the decision.
The respondent/accused (Gupta) shall be charged for the offence punishable under first part of section 3(1) of Official Secrets Act (OSA) attracting maximum punishment upto a period of fourteen years. After the charge is amended, the trial court shall give due opportunity to respondent/accused to recall the witnesses already examined for further cross examination if the respondent/accused feels the same is necessary to defend herself.Delhi High Court
Delhi Police has contended that the information leaked by the former diplomat related to India’s security and defence.
Under Section 3 of the Act, passing information relating to defence carries a maximum jail term of 14 years while those not amounting to work of defence carries a lighter jail term of three years.
Gupta, who was posted as Second Secretary (Press and Information) in the Indian High Commission in Islamabad, was arrested on 22 April 2010 by the police’s Special Cell.
According to the chargesheet filed in July 2010, she was involved in a relationship with Jamshed, an ISI official, whom she planned to marry. She used to communicate with Jamshed, who had a code name ‘Jim’.
Gupta, who is out on bail, had refuted the allegations levelled against her. She had claimed that the information was not sensitive. Delhi high Court, however, changed its decision based on the Delhi police’s plea.
The material on record justifies framing of charge against respondent for offence punishable under first part of section 3(1) of OSA attracting maximum punishment upto a period of 14 years, the impugned order dated 7 January 2012 is set aside to the extent that respondent/accused has been ordered to be charged under second part of section 3(1) of OSA attracting maximum punishment upto a period of three years.Delhi High Court
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