The Delhi high court on Tuesday issued notice to Madhuri Gupta, a suspended diplomat and alleged spy of Pakistan's Inter-Services Intelligence (ISI), on a Delhi Police plea seeking her trial under offences that carry a maximum punishment of 14 years and not just three years.
Gupta, 53, a second secretary at the Indian High Commission in Islamabad, was arrested April 27, 2010 for alleged spying and on charges of passing on information to the Pakistani intelligence agency.
Justice Pratibha Rani issued notice to Gupta and sought her reply by Sep 24.
On Jan 7, the trial court charged Gupta under provisions for spying in the Official Secrets Act that carried a maximum sentence of three years, police said.
"There is sufficient evidence on record to make out a case against the accused for offences under Section 3(1)(Part-II) and Section 5 of the Official Secrets Act and Section 120-B of the IPC (Indian Penal Code)," the trial court judge had said.
Police, seeking modification of charges against Gupta, said the information which she passed to the ISI through emails was related to the security of the nation and defence, and under the Official Secrets Act's section 3(1)(Part-I) there was a provision of punishment up to 14 years.
Gupta allegedly revealed certain classified information to Pakistani officials and was in touch with two ISI officials, Mubshar Raza Rana and Jamshed.
As per the charge sheet filed in July 2010, Gupta was involved in a relationship with Jamshed whom she planned to marry.
She was granted bail Jan 10.