The Official Secrets Act is prevailing since more than 150 years since the dominion Government acquired its Powers from East India Company, in 1858. In a democracy secrecy enhances corrupt practices amongst being the Public Representatives, at the cost of Good Governance. There is no doubt that for the administration purposes some secrecy is necessary, but, which should be very limited to sensitive and defense related matters, and all other activities of the Government must be completely open and transparent for the public checking system, which can controls the minds of the Politicians, those intends to adopt corrupt practices and made accountable to the Public Servants. In consideration of such thing I made following suggestion to amend Section 197 of Criminal Procedure Code Official Secrets Act in a Writ Petition (Civil) No. 151 of 1996 before Hon’ble Supreme Court of India.   

CHAPTER – II to the Writ Petition

(Suggestions to amend in Section 197 of Criminal Procedure Code)

After omission of Existing Clause (4) NEW CLAUSE (4) shall be inserted

NEW CLAUSE (4) The Central Government or State Government as the case may be, shall grant or refuse the previous / according sanction within six months from the date of original application for sanction, otherwise the same shall be deemed to be granted / accorded.

CLAUSE (5) The Prosecution proceeding against the Prime Minister of India, Chief Minister of a State, Public Servant holding Post of Secretary rank in the Central or State Government service, any Judge or Magistrate Posted at any District within territory of India shall be filed before Supreme Court.

CLAUSE (6) The Prosecution proceeding against any Minister of a State, and / or Public Servant All-India service (IAS, IPS, and ALLIED Services) except those referred under Clause (5) shall be filed before a High Court having Local Jurisdiction in the matter.

CLAUSE (7) The Prosecution proceeding against any Public Servant except those referred under Clause (5) and (6) shall be filed before a Court of District Session Judge, having Local Jurisdiction in the matter.

CLAUSE (8) Filling Court, after ex-party Prima facie satisfaction (of) complaint, shall transfer the prosecution proceeding for trial and adjudication to any of its sub-ordinate Court(s)

CLAUSE (9) Filling Court, for its ex-party Prima facie satisfaction can call for any record from any authority.

The provisions of Section 19 of the Prevention of Corruption Act, 1988 shall be amended accordingly.

Uunder CHAPTER – III to the Writ Petition

Suggestions With Regards to Official Secrets Act.

Suggestion (1) DEFINITION : (A) The all activities matters and affairs directly relating with the safety, security and integrity of the Country shall be constitutes as Category “S” (The “S” denotes to secrecy); (B) All other activities matters and affairs, which not covers under Category “S” of Central Government or State Governments or Governmental organisations; Corporations; bodies; public undertaking; public Limited Companies; shall be constitutes as Category “T” (The “T” denotes to Transparent)

Suggestion (2) Right of the Citizen to receive Certified Copy and /or information of any activities matters and affairs relating to Category “T”  

            Citizen of India have Right to get Certified copy of information, as the Case may be, with regards to activities, matters and affairs of Category “T” on payment of actual cost and fees of stamp as may be prescribed by the authority.

Suggestion (3) Right to Refuse to provide Certified Copy or information:-   

            Certified copy or information, if applied under suggestion (2) can be refused by the concerned authority describing such activities, matters and affairs under Category “S” which applicant described as Category “T”.

Suggestion (4) Punishment: The misuse of the provisions provided under Suggestion (2) and (3) against national interests or to escape from and to protect some one from prosecution shall be construed as commitment of offence punishable under Indian Penal Code.

Suggestion (5) Punishment for Refusal: If any authority or person wrongfully refuse to provide Certified copy or information if, applied under Suggestion (2) and (3) as the case may be, shall be punishable for six months simple imprisonment and for subsequent refusal the imprisonment shall be doubles.