VIJAY DEO JHA
Ranchi, May 4: The Additional Chief Secretary cum Secretary of the health department of Jharkhand, Arun Kumar Singh on Wednesday claimed that the department has not lodged an FIR against former minister and Jamshedpur (East) MLA Saryu Roy under sections of the Official Secret Act 1923.
“The FIR registered at Doranda police station in Ranchi is not against Saryu Roy. The FIR has been lodged against unknown persons who leaked and shared official documents in an illegal manner.” Arun Kumar Singh told this to Lagatar24.com when asked whether or not section 5 of the Official Secret Act 1923 is applicable in this case. A very top official of the department said that the FIR was lodged under sections of IPC and Official Secret Act at the behest of minister Banna Gupta.
In the light of Section 5 of the Act under which the FIR has been taken, the police can book Saryu Roy during the course of the investigation, and legally he stands as an accused in this case. A person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to three years, with a fine, or with both.
Under-secretary of the department Vijay Verma, who lodged the FIR on the behalf of the department said a similar thing that the FIR was lodged against unknown persons who leaked the documents.
“MLA Saryu Roy made certain allegations against the department and the minister about disbursement of Covid incentive and he got the news published in newspapers. It dented the image of the department and it was done with the wrong intentions. The official documents that Saryu Roy used to make certain allegations were not procured through ‘Right to Information’ hence it attracts provisions of the Official Secret Act. The FIR is against the person or persons who leaked these documents,” Verma said.
This is more or less a government side story. It makes no difference whether or not Saryu Roy is a named accused, since, Section 5 of the Official Secret Act clearly states that a person possessing and receiving any secret official code or password or any sketch, plan, model, article, note, document, or information without having an authority shall be guilty of an offence under this section.
Besides, sections 409 (criminal breach of trust by public servant), 420 (cheating and thereby dishonestly inducing delivery of property), 379(theft), 411 (dishonestly receiving stolen property) and 120B (conspiracy) of IPC have been invoked.
