The government opposed any review of the Supreme Court’s earlier refusal to order an investigation into the Rafale deal.
Government informed the Supreme Court that documents linked to the Rafale fighter jet deal were stolen from the defence ministry and newspapers that published these files may have violated the Official Secrets Act.
Official Secrets Act is India’s anti espionage (Spy and Secret agent) act enacted in 1923 during the British Rule.It states clearly that any action which involves helping an enemy state against India is illegal.
It also states that one cannot approach, inspect,or even pass over a prohibited government site or area.According to this Act,helping the enemy state can be in the form of communicating a sketch,plan,model of an official secret,or of official codes or passwords,to the enemy.
The disclosure of any information that is likely to affect the (a)sovereignty and integrity of India (b)the security of the State or (c)friendly relations with foreign States, is punishable by this act.
Punishments under the Act range from three to fourteen years imprisonment.A person prosecuted under this Act can be charged with the crime even if the action was unintentional and not intended to endanger the security of the state.The Act only empowers persons in positions of authority to handle official secrets,and others who handle it in prohibited areas or outside them are liable for punishment.