*NEW DELHI – *
A Delhi court today awarded seven-year rigorous imprisonment to retiredCaptain Salam Singh Rathore in an offshoot of the 2006 Navy War Room leakcase, saying he did not deserve leniency as he has committed an offenceagainst national security.
Special CBI Judge S K Aggarwal handed down the jail term to Rathore for theoffence of spying under the Official Secrets Act, saying the documentsfound in his possession belonged to Defence Ministry and were “directly orindirectly useful to the enemy in one way or the other”.
The other accused in the case – Commander (Retd) Jarnail Singh Kalra- wasacquitted by the court.
While awarding the sentence to Rathore, the court considered the submissionof the prosecutor that several secret documents were recovered from thepossession of Rathore which he could not account for.
“Here in this case, the offence committed by the convict was not only anoffence against the society, but it was an offence against the verynational security. The documents found in possession of the convictpertains to the defence department of India and are … directly orindirectly useful to an enemy in one way or the other.
“The convict does not deserve lenient punishment as he has played with thesecurity of his own nation. Being a defence personnel, his primary job wasto even keep his life at stake for the unity, integrity and security ofIndia, but he has acted otherwise,” the judge said.
The judge also said that sentencing of the convict should act as adeterrent so that no one commits such an offence.Advertisement
“This court feels that the appropriate sentencing of the convict in thiscase should be such that it should leave a deterrent effect so that theoffence which threatens the very security of India may not be committed byanyone in India,” the judge said.
The CBI, in its separate charge sheet filed in the case, had alleged thatit had recovered 17 official documents from Rathore’s possession relatingto various issues. Nine of these documents were secret, four restricted andone confidential, it alleged.Advertisement
The agency, while seeking the maximum punishment of 14 years for Rathore,had argued that he had committed offence against national security anddeserved no leniency.
However, the convict sought leniency from the court, contending that he hasalready spent three years behind bars and has been facing trial for 13years.Advertisement
His counsel said Rathore was a 63-year-old senior citizen who has rendered28 years of unblemished service in defence.
He also submitted that Rathore had participated in anti-smugglingactivities during his posting, for which he was appreciated by Indian Navyand the central government.
The 2006 Navy War Room leak case involved leakage of over 7,000 pages ofsensitive defence information from the Naval War Room and the AirHeadquarters, having a direct bearing on national security.
The accused, who are facing trial in the main case for the offence ofcriminal conspiracy under IPC and under provisions of Official Secrets Act,are former naval Lieutenant Kulbhushan Parashar, former Commander VijenderRana, sacked naval Commander V K Jha, former IAF Wing Commander Sambha JeeL Surve and Delhi-based businessman and arms dealer Abhishek Verma. All theaccused are out on bail.