Secrets are regularly leaked by bureaucrats to protect their backs, for money or because of political pressure. Unfortunately nothing can be done, because of a lacunae in our laws. Section 13 (3) of the Official Secrets Act lays down that no court can take cognizance of an offence under this Act unless the complaint is made by an appropriate authority in Government. The common citizen has no right to make a complaint.
After the case lodged against me for writing the book exposing corruption in RAW, I made several complaints to government, the CBI and the courts bringing to light blatant instances of leakage of information. In some cases, copies of TOP SECRET letters were published in newspapers (Shishir Gupta's article WHAT WENT WRONG - THE INSIDE STORY, Indian Express, 26 December, 2008).
After 4-5 years these cases have landed up in the High Court. In all cases, the defence is based on the bar in Section 13 (3) of the Official Secrets Act. Even if a case comes to light, the persons who published or bought the information are prosecuted while the person who leaked it goes scot free.
Maj Gen VK Singh
Gurgaon
On 27 September 2013 16:56, Rahul Kumar <rahulkb50@yahoo.com> wrote:
And by the way who raked the issue?Wasn't it the Govt who went to press to say that the Ex Chief tried to use money to topple the Govt out there?So if the chief is clarifying his posn what wrong?Let "senior government functionary speaking on the condition of anonymity" have balls and come out in open to charge what is true and just.rgdsrahul
On Friday, 27 September 2013 4:45 PM, Ranjit <ranjitrai123@gmail.com> wrote:
Absolutely right ..Bhanotmadan. ...World wide Governments have to trust Intelligence Agencies and never go deep in to their funds once allocated as most trusted persons should be placed as Int Heads and they should be tasked for tasks and to GET inputs that the state and military needs. That needs oversight and as no tasking is done with no oversight political committee and now we have 8 Int Agencies the funds were used indiscriminately and will continue till some PM like Mrs G or Vajpayee come to use intelligence for national goals.Till I worked in Intelligence no tasking was done so spending is Lassez Faire , and the Subject should be closed......Army Chiefs inquiring and then talking about the Int Funds is anti nationalRR
Sent from my iPadMadan BhanotHi there,Very interesting. U must know that MI fund has always been spent at total discretion of the Chief. Meant for untold MI expenses that is not audit-able. Why bellyache after he has demitted the office."Dam tha to uswaqt pakadte", any rash action at this point may open the pandora's box as there may be many skeletons in the cupboard.
On Thu, Sep 26, 2013 at 10:33 PM, <javedmansari@gmail.com> wrote:
Sent from my BlackBerry 10 smartphone.
From: javedmansari@gmail.comSent: Wednesday 25 September 2013 13:35To: Assignment; Ajay Dixit; Rahul Headlines Today; itgd ed; vikram.kilpady@intoday.comSubject:Senior government functionaries voiced their angst against former Army chief V K Singh for his recent utterances. " his statements have caused us irreparable damage besides ofcourse undermining the democratic process in Jammu and Kashmir".The Government has taken a very serious view of Genl V K Singh's recent statements about the Army paying politicians in Kashmir and intends to order an inquiry. " There needs to be an inquiry into whether money was indeed distributed and if so where did it go". The government is yet to decide about who will conduct the inquiry but sources say it will not be the CBI .The general consensus in the upper echelons of the Government is that the generals "irresponsible statement" has come at an inopportune time for the government and put it in an embarrassing position ahead of the talks with Pakistan scheduled for Sunday.General V K Singh had an extremely prickly relationship with the UPA government even when he was the Army chief and the relationship has progressively detoriated after he demitted office. At one point of time during his standoff with the government, the political leadership toyed with the idea of dismissing him, but it was the intervention of Defence Minister A K Antony that disuaded the government from going ahead. The feeling amongst the governments senior functionaries now is that V K Singh's "reckless" statement has seriously compromised the nations interests in addition to providing Pakistan and the likes of the Hurriyat an issue to embarass the country.A senior government functionary speaking on the condition of anonynimity said that Singh's statement needed to be inquired into because " the Army has no business paying off civilians".It was evident from the tone and tenor of senior government officials that this time the government intends posing some uncomfortable questions to Genl V K Singh " we need to find out whether payments were made and if it's true who authorised these payments and who the real beneficiaries were".from my BlackBerry 10 smartphone.
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