E-Paper
Proceedings against DRDO scientist shifted to JMFC court in Pune; defence challenges prosecution under OSA
The order was passed on March 16 by Sessions Judge PY Ladekar when the matter came up at the stage of framing of charges
Proceedings in the espionage case against former Defence Research and Development Organisation (DRDO) scientist Pradeep Kurulkar have taken a key procedural turn, with a sessions court directing the Anti-Terrorism Squad (ATS) to place the chargesheet before a magistrate court in line with provisions of the Official Secrets Act (OSA), 1923. The case has been shifted to a Judicial Magistrate First Class (JMFC) court in Pune.
The order was passed on March 16 by Sessions Judge PY Ladekar when the matter came up at the stage of framing of charges. Acting on the direction, the ATS presented the chargesheet before the JMFC (anti-corruption court), Pune, presided over by magistrate USM Al Amoodi. Kurulkar was produced before the magistrate the same day.
“The charge sheet be returned to the investigating officer for presenting it before the Special Judicial Magistrate First Class, Pune, in respect of offences investigated by ATS Kalachowky Police Station, Mumbai, for necessary action as per provisions under the Official Secrets Act, 1923 and the CrPC. The accused be produced before the learned magistrate forthwith for further directions on his detention,” the court order stated.
During proceedings before the JMFC court on Tuesday, advocate Rhishikesh Ganu, along with advocate Raghav Puranik, appearing for Kurulkar, filed an application challenging the maintainability of the prosecution.
The defence argued that the case suffers from a fundamental legal defect due to alleged non-compliance with Section 13 of the Official Secrets Act. It submitted that proceedings under the Act must be initiated through a formal complaint before a magistrate by or under the authority of the appropriate government, and not merely on the basis of a police report or chargesheet.
Ganu said that failure to follow this statutory requirement goes to the root of the court’s jurisdiction. The defence further argued that such non-compliance vitiates the entire prosecution, including the arrest of the accused and the investigation conducted by the ATS.
The issue had earlier been raised before the sessions court during arguments on framing of charges and in the discharge application filed on behalf of the accused. The defence also argued that the information in question was already in the public domain and reiterated that the ATS had not complied with the mandatory requirements of Section 13.
These submissions prompted the sessions court to direct the investigating agency to place the chargesheet before the competent magistrate, noting that cognisance of offences under the OSA must strictly follow the statutory framework.
After hearing preliminary arguments, magistrate Amoodi took the application on record and granted time to the prosecution to file its reply. The matter has been adjourned to March 27.
Kurulkar, the then director of a laboratory affiliated to the DRDO in Pune, was arrested in May 2023.
