Indian Kanoon - Search engine for Indian Law

34. Letter Ex PW2/D (D­29) dated 04/09/2001 inter­alia contained the texts that document allegedly given by PW1 to A­1 on 26/07/2001 was prepared from a confidential document relating to the acquisition of VIP Aircraft and said document cannot be declassified as it relates to future procurement of Aircraft for the use of the Indian Air Force. PW2 testified that he had given Ex PW2/D (D­29) bearing his signatures but elicited that facts detailed there in Ex PW2/D (D­29) did not happen in his presence and content of Ex PW2/D (D­29) was prepared by Air Commodore H. Masand. Said Air Commodore H. Masand was neither cited nor examined as prosecution witness.

35. PW2 deposed that Ex PW1/B (D­6) was prepared from a confidential document relating to the acquisition of VIP Aircraft. PW2 further stated that the original document of procurement plan and the Transport Aircraft Executive Jets proposals was altered by Air Commodore H. Masand and such altered document was handed over to PW1 by PW4 for further handing over to A­2. In his cross examination, CC No. 11/12 In Re: RC No. DAI/2001/A0052/CBI/ACB/New Delhi 34/85 Nirbhay Kumar, the then Dy. SP CBI vs AVM (Retd) Jaswant Singh Kumar & Anr.

PW2 stated that Air Commodore H. Masand was Incharge about the file containing the original document of procurement plan and the Transport Aircraft Executive Jets proposals. PW2 also elicited that he never saw the file containing the original document of procurement plan and the Transport Aircraft Executive Jets proposals. Also PW2 elicited that the official document would contain date, signatures of the signing official with seal, number of the file and such official documents may be of four categories namely Top Secret, Secret, Confidential and Restricted.

36. In the course of his cross examination, PW4 also elicited that since the original document asked for by A­2 from PW1 was a sensitive document, it was decided by his (PW4) superiors to change the key details of the original document and then to send the changed document through PW1 to A­1 for laying a trap. Even as per version of PW4, the said sensitive original document, from which Ex PW1/B (D­6) was prepared after changing key details, was in the possession of Air Commodore H. Masand, the then DASR, who could definitely say about the grade of such document while others could tell only from their experience or common sense about the grade of such document. PW4 had not seen the file containing the original document of procurement plan and the Transport Aircraft Executive Jets proposals. PW4 further testified that the gradation of the document as secret or confidential was done on the basis of IAP 3902 and only the originator of the document can grade the document and none else can change the grade thereafter.