The Hindu : Amend Official Secrets Act: MPs

Online edition of India's National Newspaper
Sunday, Mar 16, 2003

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Amend Official Secrets Act: MPs

By Our Special Correspondent

NEW DELHI MARCH 15. About 40 members of the Rajya Sabha have urged the Government to amend the Official Secrets Act (OSA) 1923 — which came into sharp focus in the Iftikar Geelani case — to uphold the rule of law, and bring in legislation providing for greater judicial accountability to strengthen the credibility of the judiciary.

In a letter to the Deputy Prime Minister, L.K. Advani, they said the Government ought to pay compensation to Mr. Geelani for his wrongful confinement. Further, to prevent the misuse of OSA — reported to be on the rise of late — the signatories to the letter urged the Government to accept the recommendation of the Press Council of India in this regard.

The Press Council had some time ago suggested an amendment to Section 5 of the Act so that "nothing shall be an offence under this section if it predominantly and substantially subserves public interest unless the communication or use of `official secret' is made for the benefit of any foreign power or is in any manner prejudicial to the safety of the State''.

This apart, the members suggested that the Government accept the recommendation of the Commission to Review the Working of the Constitution vis-a-vis judicial accountability.

The signatories to the letter include Ranganath Misra, Kapil Sibal, Eduardo Faleiro, K. Natwar Singh and Rishang Keishing (Cong.); Pritish Nandy (Shiv Sena); Jibon Roy, Sarla Maheshwari and Biplab Dasgupta (CPI-M); Janeshwar Mishra (Samajwadi Party); Kum Kum Rai (RJD); R.S. Gavai (RPI); Manoj Bhattacharya (RSP); N.R. Dasari (CPI); M.J. Varkey Mattathil (Kerala Cong.); and nominated members, Fali S. Nariman, Raja Ramanna and Kuldip Nayar.

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