A Public Interest Activist can file complaint of violation of Official Secret Act.
The Question of Sanction under Sec.13(3) will come only at the stage of taking cognisance by Magistrate.
In case of Dr. Swamy Vs Dr ManMohan Singh, SC has has held that there is no bar in filing complaint.
It is not law that no complaint con be filed until Sanction from Govt is received.
Magistrate has power to order investigation.
Sanction is a later stage required at time of taking cognisance when Magistrate will actually decide to try the case.
The above case was under Prevention of Corruption Act.
But I think that same analogy will apply under Official Secret Act., Sec 13(3).
Haresh Raichura
30/12/14
Copyright : Haresh Raichura 2014. All Rights reserved.
