The Government is all set to file a criminal case against Rabinder Singh, former Joint Secretary of the Research and Analysis Wing, probably under the 1923 Official Secrets Act.
The filing of a criminal case was one of the recommendations made by National Security Advisor M.K. Narayanan in his inquiry report on the defection case.
Officials say besides this, several other recommendations made by Narayanan are in the process of being implemented, including one on reverting to the earlier practice of the Cabinet Secretary having a supervisory role over the RAW. The filing of an FIR under the OSA and naming of Rabinder Singh as an absconding accused can be followed up by actions like forfeiture of his property and initiation of extradition proceedings against him.
In case Rabinder Singh returns to India, he can be charged under provisions of the OSA, and the prosecuting agency armed with the substantial documentary and video evidence cited by Narayanan in his report.
Government sources say a case of Disproportionate Assets (DA) can also be made out against Rabinder Singh after the first criminal suit is filed. It is, however, not yet clear whether the criminal case will be filed by CBI or Delhi Police.
The contents of Narayanan’s secret report have since been shared with Cabinet Secretary B.K. Chaturvedi and new RAW Secretary P.K. Hormese Tharakan.
While Chaturvedi has listed his own set of recommendations and sent them to the PMO, the RAW Secretary has been asked to carry forward the spirit of NSA’s findings.
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For one, the brief of the RAW chief is to eliminate the possibility of any other accomplice of Rabinder Singh still working in the external intelligence agency, since the NSA is said to have left the issue somewhat open-ended. It is learnt that Narayanan’s report, running into some 30 pages, concludes how the escape of Rabinder Singh was a result of ‘‘systemic failure’’ within RAW and lists steps to be taken to ensure that such a defection doesn’t take place again.
The other key recommendation is one on how the Government should revert to the ‘‘earlier practice’’ of the functioning of the RAW to be closely monitored by the Cabinet Secretary and the NSA.