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12 yrs after DNA broke story, Retd Captain gets 7 years in jail

The Navy War Room leak case was first reported by DNA on July 31, 2005, telling the world how secret data stored on a secured network in the Indian Navy's war room in South Block was leaked.

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A Delhi court on Wednesday awarded a seven-year imprisonment to a retired Indian Navy officer for spying in a case linked to the 2005 Navy War Room leak.

Captain Salam Singh Rathore is charged with the Official Secrets Acts. Special CBI Judge S K Aggarwal said Captain Rathore does not deserve any leniency as the documents found in his possession belonged to Defence Ministry and were "directly or indirectly useful to the enemy in one way or the other".

The other accused — Commander (Retd) Jarnail Singh Kalra — was acquitted by the court.

The Navy War Room leak case was first reported by DNA on July 31, 2005, telling the world how secret data stored on a secured network in the Indian Navy's war room in South Block was leaked.

Over 7,000 pages of sensitive defence information from the Naval War Room and the Air Headquarters, having direct bearing on national security, was leaked.

The Navy sacked three officers after an internal inquiry and in 2006, the case was handed over to the Central Bureau of Investigation (CBI).

"In this case, the offence was not only an offence against the society, but an offence against the national security," the judge said. "The documents found in possession of the convict pertain to the defence department of India and are... directly or indirectly useful to an enemy in one way or the other.

"Being a defence personnel, his primary job was to even keep his life at stake for the unity, integrity and security of India, but he has acted otherwise," the judge added.

The judge also said that sentencing of the accused would act as a deterrent.

"The appropriate sentencing of the convict in this case should be such that it should leave a deterrent effect so that the offence which threatens the very security of India may not be committed by anyone in India," the judge said.

The accused, who are facing trial in the main case for the offence of criminal conspiracy under IPC and under provisions of Official Secrets Act, are former naval Lieutenant Kulbhushan Parashar, former Commander Vijender Rana, sacked naval Commander V K Jha, former IAF Wing Commander Sambha Jee L Surve and Delhi-based businessman and arms dealer Abhishek Verma. All the accused are out on bail.

The CBI, in its charge sheet had alleged that it had recovered 17 official documents from Captain Rathore's possession relating to various issues. Nine of these documents were secret, four restricted and one confidential.

The agency, while seeking the maximum punishment of 14 years for Rathore, had argued that he had committed offence against national security and deserved no leniency.

His counsel said Rathore was a 63-year-old senior citizen who has rendered 28 years of unblemished service. He also submitted that Rathore had participated in anti-smuggling activities during his posting, for which he was appreciated by Indian Navy and the central government.

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