SC notice to Centre on alleged misuse of Official Secrets Act, Sahayak system

Satya Prakash

Tribune News Service

New Delhi, April 24  

The Supreme Court on Monday issued notice to the Centre on a petition filed by a journalist alleging misuse of The Official Secrets Act (OSA) by the authorities and abuse of ‘Sahayaks’ in the armed forces that reportedly led to suicide of a ‘Sahayak’.

Petitioner Poonam Agrawal is facing prosecution under the OSA for having conducted a sting operation that allegedly led to suicide of Lance Naik Roy Mathew in Nashik.

A Bench headed by Justice J Chelameswar asked the government to respond to the journalist’s petition after senior advocate Gopal Subramanium alleged that in the authorities were misusing the colonial era law against the journalist.

Subramanium told the Bench that the OSA was for protection of state secrets and it could not have been invoked against the petitioner as she only reported on the misuse of the system of Sahayaks in the Army.

The law could not be invoked against her for protecting "delinquent Army officers", the senior advocate argued.

Agarwal had done a sting operation in which Lance Naik Roy Mathew was shown criticizing the sahayak system in the Army. Later, Mathew allegedly committed suicide after the video became public.

Nashik police booked Agrawal under OSA and criminal trespass and abetment to suicide.

Agarwal has sought quashing of the FIR and demanded guidelines to prevent misuse of the OSA, which impinged on fundamental rights and curbed journalistic freedom.

Maintaining that OSA was enacted to perpetuate colonial rule in India, the petitioner contended that it could not be invoked wantonly against citizens after adoption of the Constitution that protected fundamental rights and established a state founded on the rule of law.

The petitioner also demanded an appropriate inquiry into the alleged misuse of the Sahayak system in the Army, saying lower rank staff was being forced to do menial and domestic work for their seniors.