Delhi High Court - Orders
Group Captain (Retd) Alok Chandra ... vs Union Of India & Anr on 1 May, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5563/2023 & CM APPL. 21851/2023
GROUP CAPTAIN (RETD) ALOK CHANDRA
MISHRA ..... Petitioner
Through: Mr. Maninder Dubey, Advocate.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr Shoumendu Mukherji Senior
Panel Counsel with Mr Hardik Bedi
Government Pleader for R-1 and 2
(M: 9999968277).
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 01.05.2023
1. This hearing has been done through hybrid mode. CM APPL. 21851/2023 (for exemption)
2. Allowed subject to all just exceptions. Application is disposed of. W.P.(C) 5563/2023
3. The present petition has been filed assailing orders dated 15th February, 2023, and 20th March, 2023 passed by the Respondents. The Petitioner is a retired officer from the Indian Air Force (IAF), who retired in 2017. The case of the Petitioner-Group Captain (Retd.) Alok Chandra Mishra is that he has authored a book by the name 'The Spy Catchers' on basis of the knowledge and experience that he gained during his service with the IAF. As a matter of abundant caution, the Petitioner wrote to the Indian Air Force on 4th January, 2023 seeking permission to publish the book.
Signature Not Verified Digitally Signed By:DHIRENDER KUMAR Signing Date:03.05.2023 11:33:044. The Petitioner did not hear from the IAF and accordingly an RTI application was filed on 31st January, 2023 seeking information regarding existence of any policy/rules/regulations qua publishing of book by retired defence personnel. In response to the RTI application, vide reply dated 13th February, 2023, the Petitioner was informed that there are no guidelines issued by IAF Headquarters for retired officer to write fiction books or publish poetry or articles for promoting literature, art, etc. The reply further states that the written material, books, and articles that are submitted for clearance to the IAF, are subject to vetting from security, intelligence and specialist Directorates' viewpoint. The Petitioner, thus, has approached this Court seeking permission to publish 'the Spy Catchers' book.
5. The stand of the IAF is that clearance cannot be given as the disclosure on the content of the book is not conducive to the interest of the organisation. On behalf of the Indian Air Force, Mr. Mukherjee, ld. Counsel submits that as per the Regulations of the IAF, if there is any classified material, the same cannot be either published or discussed in any manner. It is further submitted by Wing Commander Vishal Chopra who appears before the Court that the said book was submitted to the Directorate of Intelligence which has informed the IAF that there are various counter intelligence operations, and their working details which have been described in the book. Moreover, some of the cases which are discussed in the book are also not yet de-classified by IAF.
6. Upon this submission being made by the Respondent, ld. Counsel for the Petitioner submits that the Petitioner is willing to modify/delete portions of the book if he informed about the objectionable portion.
7. Accordingly, let the Petitioner be heard by an official of IAF or the Signature Not Verified Digitally Signed By:DHIRENDER KUMAR Signing Date:03.05.2023 11:33:04 Directorate of Intelligence in order to explore the possibility of whether if amendments or deletion are carried out, the concerns of the IAF would be addressed. The meeting shall be held within the next one month.
8. Let a report be placed by the Respondents before the Court by the next date of hearing.
9. In the meantime, let the counter affidavit be filed within four weeks. Rejoinder, be filed within four weeks.
10. List before the Registrar for completion of service and pleadings on 25th July, 2023.
11. List before the Court on 20th October, 2023.
PRATHIBA M. SINGH, J MAY 1, 2023 mr/sk Signature Not Verified Digitally Signed By:DHIRENDER KUMAR Signing Date:03.05.2023 11:33:04