New Delhi, Nov 13 A Delhi court is likely to take cognisance of the chargesheet against an IAF wing commander arrested for allegedly sharing classified information with a Pakistani operative after the sanction to prosecute him is obtained.
Directing the city police to expedite the process for sanction, the court has directed the production of the accused Indian Air Force officer, Manorath Singh Sabharwal, on December 5.
The Special Cell of the Delhi Police had registered a case against Sabharwal under the Official Secrets Act for allegedly sharing sensitive details, such as war-plan documents, deployment locations, troop movements and coordinates of crucial military installations with a Pakistani intelligence operative.
The city police earlier submitted its chargesheet in the case, and the matter is presently at the stage of taking cognisance of the final report.
In its order dated October 31, Chief Judicial Magistrate Mridul Gupta noted that the sanction to prosecute the accused had not been obtained under Section 152 of the Bharatiya Nyaya Sanhita (BNS).
"It is submitted on behalf of the state that the sanction qua Section 152 of the BNS (as required) under Section 217 BNSS and sanction qua offences under the Official Secrets Act, under Section 13 (3) Official Secrets Act, is pending. It is stated that the process of sanction is underway," the court said.
The BNS section dealing with "offences against the state" penalises acts that endanger the country's sovereignty, unity and integrity.
According to Section 217 of the BNSS, a sanction of the central or state government is required to take cognisance of the alleged offence.
Further, according to Section 13(3) in The Official Secrets Act, "No court shall take cognisance of any offence under this Act unless upon complaint made by order of, or under authority from, the appropriate government or some officer empowered by the appropriate government."
In the October order, the magistrate said that the counsel of the accused claimed that there had been a considerable delay regarding the sanction.
The court said, "The DCP (deputy commissioner of police) concerned is directed to monitor the expeditious processing of the sanction in the present matter."
"Let a report as to the same be filed by the DCP concerned under his signature by the next date of hearing, considering the delay already caused in the present matter."
It directed that production warrants be issued against the accused for December 5.
According to court sources, the chargesheet alleges that the IAF officer disclosed information related to the deployment of fighter aircraft in Leh and a military exercise at the Mahajan Field Firing Range in Suratgarh.
It alleged that disclosing such information could compromise critical military assets, reveal operational vulnerabilities and pose a threat to national security, they said.
The final report, court sources said, also alleged that the accused wing commander also disclosed the strength and organisational structure of a secret drone unit, details of drone trials, the endurance of the weapon system and its targeting mechanisms.
