Delhi High Court Permits Video Conferencing Testimony in Sensitive National Security Case

Stringent Safeguards Imposed for Examining Key Witness Under Official Secrets Act

In a landmark decision, the Delhi High Court has permitted the examination of Mr. C. Edmonds Allen, a pivotal prosecution witness, via video conferencing in a high-profile case involving the alleged unauthorized transmission of classified defense information under the Official Secrets Act, 1923. The case, prosecuted by the Central Bureau of Investigation (CBI), implicates Abhishek Verma and associates in a conspiracy to disseminate sensitive defense documents to unauthorized persons.

The decision, rendered by Justice Sanjeev Narula, overturns a previous order by the Special Judge at the Rouse Avenue Court, which had denied the CBI's application to examine Mr. Allen through video conferencing due to concerns over potential breaches of national security and lack of consent from the accused.

The High Court invoked its inherent powers under Section 482 of the Code of Criminal Procedure, 1973, equivalent to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the trial court's order. Justice Narula emphasized the necessity of Mr. Allen's testimony, noting his central role in the case, which originated from his communication to the Ministry of Defense, triggering the current proceedings.

Acknowledging the classified nature of the documents and the stringent requirements under the Official Secrets Act, the court outlined robust safeguards to prevent unauthorized dissemination. These include conducting the proceedings in-camera, using encrypted video conferencing technology, and ensuring that all document transmissions occur through official diplomatic channels.

The judgment reflects a cautious balance between advancing judicial proceedings and safeguarding national security interests. It underscores the court's commitment to leveraging technology in judicial processes, provided that adequate security measures are in place.

This decision is a significant development in the legal landscape, illustrating the judiciary's adaptability in handling sensitive cases and the importance of ensuring justice while maintaining stringent security protocols.

Bottom Line:

Examination of Prosecution Witness via Video Conferencing permitted under stringent safeguards concerning sensitive material protected by the Official Secrets Act, 1923.

Statutory provision(s): Criminal Procedure Code, 1973, Section 311, 327 and 482, Official Secrets Act, 1923, Official Secrets Act, 1923 Section 14, Video Conferencing Rules, 2020 Rule 5.3.11.

Central Bureau of Investigation v. Sh. Abhishek Verma, (Delhi) : Law Finder Doc Id # 2800168