Ex-diplomat convicted of passing information to ISI
New Delhi, May 18: A court here on Friday convicted former Indian diplomat Madhuri Gupta in a case related to passing on sensitive information to Pakistan's Inter-Services Intelligence (ISI).
Additional Sessions Judge Sidharth Sharma held Gupta guilty under sections of the Official Secrets Act (OSA) and criminal conspiracy under the Indian Penal Code (IPC).
"The conduct of the accused in passing on sensitive/secret information in the light of documents proved on record and evidence led by the prosecution categorically proves the charge under second part of Section 3(1) (c) of the OSA, punishable upto a period of three years, as well as under Section 5 of the OSA read with 120-B IPC," the court said.
However the court acquitted her of the stringent section 3(1) (Part-I) of the Official Secrets Act which attracts a maximum punishment of 14 years.
The court observed that Gupta's action could have been useful to the enemy country "which were strategically very important for the foreign policy of the country and its secrecy was of utmost important".
"In one of the e-mails, the accused is also promising collecting information regarding Hydro Electric Power Projects in Jammu and Kashmir which could have proved useful to the enemy country during war and destruction... could have proved serious crisis to the country," the court said.
The accused was unable to give such information but her intention of passing on such information and her going to Jammu on a false excuse of attending a wedding points to her intention of helping the enemy country, the court noted.
"She (Gupta) had been giving information regarding various postings of officers of defence, Ministry of External Affairs and High Commission of India as well as their family particulars which could have caused danger to the life and security of said officers and their family," the court said in its order.
The court will hear arguments on the quantum of sentence on Saturday.
Gupta revealed certain classified information to Pakistani officials and was in touch with two ISI officials, Mubshar Raza Rana and Jamshed.
As per the chargesheet filed in July 2010, Gupta was in a relationship with Jamshed, whom she planned to marry.
The chargesheet said she used a computer installed at her residence in Islamabad and a Blackberry phone to stay in touch with the two Pakistani spies.
The former diplomat claims she is innocent.
Once a second secretary at the Indian High Commission in Islamabad, Gupta was arrested on April 27, 2010 for spying and on charges of passing on information to the Pakistani intelligence agency.
On January 7, 2012, the trial court charged Gupta with spying under the Official Secrets Act. She was granted bail on January 10, 2012.
Police challenged the order and sought modification of the charges.
The Delhi High Court allowed the plea in February 2016 and directed to frame a charge against Gupta under the section having a maximum punishment of 14 years.
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SC says no to plea against selection of Delhi Waqf Board administrator
New Delhi (PTI): The Supreme Court on Monday refused to examine a plea against the appointment of Delhi government’s Principal Secretary (Home) Ashwani Kumar as the Delhi Waqf Board administrator on January 10.
A bench of Justices M M Sundresh and Rajesh Bindal asked the petitioner to move the Delhi High Court.
The top court was hearing a plea filed by one Zameer Ahmad Jumlana seeking directions to restrain and prohibit Kumar from discharging functions as the administrator of the Delhi Waqf Board and to vacate the office with immediate effect.
Lieutenant Governor (LG) V K Saxena, who approved Kumar's appointment, also okayed the appointment of IAS officer Azimul Haque as Delhi Waqf Board's CEO on January 3.
The petition alleged the term of the Delhi State Waqf Board expired on August 26, 2023, and since then no board was constituted.
The plea contended in the absence of the board, its powers were taken over by the LG by appointing Kumar purportedly using the powers under Section 99 of the Waqf Act, 1995.
"When the tenure of the board has lapsed on August 26, 2023, there is no question of exercise of any power of the state government under Section 99 of the Waqf Act 1995 to take over the board. Thus, the respondent number 1 is an usurper of the power of the Delhi State Waqf Board,” it said.
According to the petition, Kumar was not eligible under the Waqf Act of 1995 and took advantage of the fact that the Delhi Waqf Board was in an indefinite abeyance due to the negligence of the respondents.
On May 28, the Delhi High Court dismissed a similar plea filed by one Yasmin Ali and imposed Rs 10,000 costs.
The high court said the plea was publicity-oriented and an abuse of the process of law as it did not give any valid reasons for quashing the appointment of the city government officer as the administrator of the board.
