VEEKAY’S NEWSLETTER – 11 AUGUST 2022

VEEKAY’S NEWSLETTER – 11 AUGUST 2022 For the last sixteen years I have been writing an annual newsletter. Those of you who have been reading them may be wondering why this one, in the middle of the year? Well, it is an anniversary. Not of a birthday or wedding, but another important event. Exactly five years ago, on 11th August 2017, the judgment was reserved in the my petition in the Delhi High Court to quash the proceedings in the case filed by the CBI against me concerning my book titled India’s External Intelligence–Secrets of the Research & Analysis Wing (RAW) published in 2007. On that day, after ten years of trauma, I thought that the ordeal was finally over. Alas, it was not to be. Today, after a long wait of five years, what I get is not a judgment, but the news that the case will be heard again from scratch, by a different judge. I was reminded of the game Snakes and Ladders which we played as kids – if you landed in the mouth of the serpent near the finish point, you slid down to the starting point. For the benefit of those who may not be aware of the case, I will give a brief introduction. After passing the Senior Cambridge examination in 1960 I joined the NDA in 1961. I was commissioned in 1965 in the Corps of Signals. My last appointment in the Army was Chief Signal Officer, Western Command. In November 2000 I was sent on deputation to the Cabinet Sectt., Research & Analysis Wing (RAW), as Joint Secretary (Telecom) under Project Vision 2000. I retired from Army service on 30/6/2002 on attaining the age of 58. I was then re-employed in the same appointment in RAW until 30/6/2004, when I reached the age of 60. During my stay in RAW, I noticed a number of flaws and malpractices that shocked not only me but most of my Army colleagues in that organisation. Even while I was there, I reported some glaring instances of corruption to the higher authorities. In a few cases, where equipment was being purchased at phenomenally high prices, action was taken and the ongoing projects were halted. But after I left RAW, I came to know that they had been revived and the equipment purchased at the original prices. This was understandable, since the kickbacks had already been taken by the concerned officials. It was then that I decided to write this book. The book India’s External Intelligence–Secrets of the Research & Analysis Wing (RAW) was published by Manas Publications in June 2007. It brings to light several lacunae in the functioning of RAW, the most glaring being corruption in the procurement of equipment, lack of accountability, and our dependence on foreign sources. Apart from the malpractices that I noticed, I was agitated to find that the security of important persons such as the Prime Minister was being compromised, ‘for a few pieces of silver’, which is the title of one of the chapters. On 21/09/2007, nearly three months after the publication of the book, the CBI raided my house and took away my computer, passports and diaries. The CBI informed me that they had registered a case u/s 5 of the Official Secrets Act, 1923, based on a complaint from the RAW that I had revealed ‘secrets’ in the book that endanger the security and sovereignty of India. Next day, they also raided the office of Manas Publications and seized certain items. The CBI filed a charge sheet in the court of the Chief Metropolitan Magistrate on 11/4/2008. Thankfully, I had applied for anticipatory bail and was not arrested. Proceedings in the case were stayed by High Court and charges have still not been framed. On 14/05/2008 I filed a petition (Crl.M.C.1604/08) in the Delhi High Court to quash the FIR and charge sheet filed by the CBI. After almost ten years, arguments in this case were closed and judgement reserved on 11/08/2017. It was expected that the judgment will be delivered in the next few days. But this was not to be. After 18 months, the case was listed on 22/02/2019 for clarification. Since then hearings are being held on technical matters. Why am I being targeted? One probable reason is that I was an outsider in RAW. In an article titled ‘It’s a RAW Deal’ in the Hindustan Times of 13/10/07, Barkha Dutt wrote:- Moreover, why has V.K. Singh been singled out for punishment? After all, a slew of recent books by former spies – including one by security analyst B. Raman that accuses Rajiv Gandhi of covering up the Bofors probe – have been allowed into the public domain without fuss or fury. Could it be because V.K. Singh was never an ‘insider’ but a military officer on deputation? Is this just petty bureaucratic politics playing itself out? There are several pointers to indicate that the CBI was pressurised to register the FIR and file the charge sheet against me. About two months after the publication of the book, I was invited by the CBI to deliver a talk at the CBI Academy to officers of the rank of DIG, SP and Dy SP. The subject of the talk was ‘Corruption: A Concern for National Security’. During the talk, I was specifically asked to cover the instances of corruption that I had highlighted in my book. Obviously, the CBI did not find anything wrong with the book at that time. A few weeks later, they registered the FIR against me. Another pointer in this respect is that the CBI registered the FIR without even a preliminary enquiry. During the hearing held on 26/09/07 in the Court of the Sessions Judge in Tis Hazari on my plea for anticipatory bail, the CBI was unable to produce any evidence and submitted that they had still not read the book and needed more time. Commenting on this, in an article titled ‘Malice in Wonderland?’ TSR Subramanian, who was the Cabinet Secretary between 1996 and 1998, wrote in the Indian Express on 6/10/07: ……How can a person be hauled up before court for revealing official secrets if the prosecuting agency does not even know what secrets are being revealed? This is some kind of Alice in Wonderland situation. ……V.K. Singh is basically to be seen as a whistleblower. Lt Gen Vijay Oberoi, a former Vice Chief of Army Staff, feels that the ‘pillorying of Maj Gen V.K. Singh for being a whistleblower is an affront to Indian democracy’. In a forceful article titled ‘RAW egg on their faces’ in the Indian Express of 11/7/07, he wrote: Even to a layman it would be obvious that this is a case of harassment of an upright officer, who has rightly criticised the acts of omission and commission (largely the latter), which needed to be exposed. We all talk of widespread corruption and misuse of public funds. The courts and the media have talked about the need for more whistleblowers. Yet the Government of India, RAW and CBI are hounding Singh, the whistleblower. Another reason is that the book has named several officers who were corrupt. Some of them were very senior, belonging to the Cabinet Secretariat, MHA, SPG and RAW. Their names have been published in many articles. (Double Checking by Saikat Datta in the Outlook, 28 Jan 2008). These officers were naturally extremely annoyed at the disclosure and vowed to teach the ‘whistle blower’ a lesson. I have received support from a wide cross section of society, including the media. Mr. Prashant Bhushan, a well-known Supreme Court lawyer and PIL activist, had filed the petition in the High Court. Captain (IN) Dr. BK Subbarao, a brilliant scientist who had himself suffered incarceration for a false case filed against him under the OSA, has also been arguing my case in the High Court. On my part, I have approached the National Human Rights Commission, the Chief Vigilance Commission, and the Chief Information Commission. At the end of it, nothing has been achieved. After this, will anyone raise his voice against corruption? Do statutes like the Right to Information Act and the Whistle-blowers Resolutions exist only on paper? About one and half years after the judgment was reserved, the case was listed on 22/02/2019 for directions/clarifications. When I appeared before the court I was informed that my petition prays for quashing of the FIR and Charge Sheet, but not the Complaint, which will remain even if the case is decided in my favour. Even while I was looking for the page on which the prayer was mentioned, the CBI counsel opened his file and showed me the page. I did not think this was odd at that time. Later, I wondered how he was aware that the prayer needed amendment. After several hearings, I submitted a new petition on 16/10/2019, after amending the prayer. I felt that the judgment will now be issued. Again, I was wrong. Hearings in the case are still going on. On 29/04/2022 it was listed before another judge who ordered the matter to be listed on 03/08/2022. On that day both parties requested that the case be sent back to the judge who had reserved the order. This was done and the case was ordered to be listed on 26/08/2022 before the judge who reserved the order. Just two days ago, while browsing the history of my case I found that it has again been listed before another judge on 15/9/2022. No information has been conveyed by the registry to me or my counsel regarding the case having been released by the judge who had reserved the order for listing before another bench. Fifteen years have elapsed since the FIR, charge sheet and complaint were filed by the CBI u/s 5 of the Official Secrets Act 1923. Being a complaint case exclusively triable by a Sessions court, vide Section 202 Cr.P.C. the magistrate is himself required to conduct the inquiry. Hence the FIR and subsequent investigation by the CBI is ab initio null and void. A case filed by the CBI against Aniruddha Bahal was quashed on 26 May, 2014 by Justice Veena Birbal of the Delhi High Court on similar grounds. I am now convinced that the case is being subverted by the CBI using whatever means they have, fair or foul. Now that it is known that the case initiated by the CBI will be struck down, it has sent shock waves through the agency. If this happens, it will affect all other cases filed by the CBI and other agencies by registering FIRs under the Official Secrets Act and carrying out investigations themselves. So one can understand their anxiety to delay the case as much as they can. As I mentioned in the beginning, I have suffered agony for 15 years already. In the last two years, my physical health has deteriorated considerably due to my spine surgery that went wrong. The implant in my back has ten screws, eight rods and two cages. Of these, two screws have become loose and one cage has been displaced. Due to the pain, I find it difficult to stand or walk. If the case is heard by another judge from the beginning, it may take another 10-15 years before arguments close and the judgment is reserved. With rare prescience, Rajeev Dhavan, a senior counsel in the Supreme Court had predicted my fate. In an article titled ‘Stop the Prosecution of Maj Gen V K Singh’ he wrote in the Mail Today on 13 April 2008:- So the Government chose the most cruel and safest option: to criminalise the publication. This, itself is a symbolic punishment. But it is more than symbolic. The Government will waste a lot of money - with its inept prosecutors hanging on to the case for years. But Major General Singh will find out that the process is the punishment. He will spend the rest of his life and his savings to fight the criminal case….Singh will be punished by the process even if he wins his case. Dhavan was right on both counts – I am not very far from the end of my life and almost near the end of my savings. With regards Maj Gen VK Singh 11 August 2022 PS. Those who wish to read the previous newsletters can do so by logging on to my blog veekaysnewsletter.blogspot.com. My second blog that contains chapters from my books and articles on military history is veekay-militaryhistory.blogspot.com. The third blog that has most of my articles is http://veekaysarticles.blogspot.com.