A special court in Pune dedicated to Anti-Terrorism Squad (ATS) cases is set to hear crucial arguments on January 12 regarding the formal framing of charges against a senior scientist from the Defence Research and Development Organisation (DRDO). The scientist stands accused in a serious case involving an alleged honey trap and espionage, where he is suspected of leaking classified information detrimental to national security.
Court Proceedings and Discharge Plea Exception
The decision for the next hearing date was made on Monday after the prosecution raised a significant objection. The defence had begun presenting its case for the scientist's discharge, a plea that had been pending. However, special public prosecutor Ujwala Pawar contested this move, arguing that a discharge plea cannot be entertained at the current stage of framing charges. Agreeing with this point, the presiding judge, PY Ladekar, postponed the matter. The court will now specifically hear the state's arguments on the draft charges on January 12, 2024.
Defence lawyer Rushikesh Ganu provided his perspective on the proceedings. He stated that while the court was reviewing the case to chart a course for framing charges, the defence was outlining the case's developments step-by-step, given their discharge plea was filed before the state presented its draft charges. The court advised the defence to focus on the charges first, assuring that the matter would be taken up at the next hearing.
Details of the Allegations and Chargesheet
The senior DRDO scientist was arrested on May 3, 2023, by the state ATS. Following a detailed investigation, the agency filed a voluminous chargesheet on June 30, 2023. This document, spanning an extensive 1,835 pages, forms the core of the prosecution's case.
The ATS claims to have conducted a thorough forensic analysis of the scientist's digital footprint. This includes examining his laptop, mobile phones, emails, WhatsApp chats, video calls, and other electronic gadgets seized from him. The agency also consulted forensic experts and recorded statements from DRDO officials to build its case.
The central allegation is that the scientist misused his official position to leak classified information related to India's national security to a Pakistani intelligence operative. The communication allegedly occurred through WhatsApp voice messages and video calls.
Legal Framework and Sanction for Prosecution
The case is being prosecuted under the stringent Official Secrets Act. The chargesheet cites specific sections:
- Section 3: Penalties for spying.
- Section 5(1)(6)(a)(d): Wrongful communication of information.
- Section 4: Communication with foreign agents as evidence of offences.
A critical procedural step was completed when the ATS obtained the necessary sanction from the competent authority within the home department's internal security wing to prosecute the scientist under Section 13(3) of the Official Secrets Act, which deals with restrictions on the trial of certain offences. This sanction was detailed within the chargesheet, paving the legal way for the trial to proceed. The upcoming hearing on January 12 will determine the specific charges on which the scientist will be formally tried.
