Ex-BrahMos engineer gets life imprisonment for spying for Pakistan

The former BrahMos engineer has been charged under Official Secrets Act for keeping classified information related to missiles in his personal device, which was leaked outside

The Nagpur district court, on Monday,  sentenced former BrahMos Aerospace Pvt Ltd engineer Nishant Agarwal to life imprisonment under the Official Secrets Act for espionage for Pakistan’s intelligence agency, ISI.
 

Agarwal will also serve 14 years of rigorous imprisonment (RI) and pay a fine of Rs 3,000.

Additional sessions court judge MV Deshpande, in the order, mentioned that Agarwal was convicted under section 235 of the Criminal Procedure Code for an offence punishable under section 66(f) of the IT Act and various sections of the Official Secrets Act (OSA).

He has been charged under Official Secrets Act for keeping classified information related to missiles in his personal laptop, which was leaked outside. It is suspected that Pakistani intelligence operatives had laid a ‘honeytrap’ for him.

“The court sentenced Agarwal to life imprisonment and RI for 14 years under the Official Secrets Act, along with a Rs 3,000 fine,” stated Special Public Prosecutor Jyoti Vajani.

Agarwal, who worked in the technical research section of the company's missile centre in Nagpur, was arrested in 2018 in a joint operation by military intelligence and the Anti-Terrorism Squads (ATS) of Uttar Pradesh and Maharashtra.

The former BrahMos Aerospace engineer was charged under various provisions of the Indian Penal Code and the stringent OSA.

Having been employed at the BrahMos facility for four years, he was accused of leaking sensitive technical information to Pakistan's Inter-Services Intelligence (ISI).

BrahMos Aerospace is a joint venture between the Defence Research and Development Organisation (DRDO) and the Military Industrial Consortium (NPO Mashinostroyenia) of Russia.

Agarwal was granted bail by the Nagpur bench of the Bombay High Court last April, after nearly five years in jail.

The high court had observed that tardy progress in the trial violated fundamental rights of the accused no matter how stringent the bail norms under the law which he has been arrested may be.

The Nagpur bench in its order had observed that gross delay in disposal of the case can justify invocation of Article 21 of the Constitution. Article 21 says no individual can be deprived of life or liberty except with the procedure laid down in the law.

What is the Official Secrets Act?

The Official Secrets Act is a legislation in India that dates back to 1923, enacted during British rule and retained in the post-independence era. This law is designed to safeguard state secrets and official information, primarily concerning national security. 
 

It addresses various offences such as espionage, sedition, and unauthorised disclosure of classified information, imposing penalties of up to 14 years’ imprisonment, fines, or both for offenders.

Over the years, the Act has faced criticism for its broad scope and lack of clear definitions. One of the key issues with the Official Secrets Act is its Section 5, which deals with withholding information, raising concerns about transparency and accountability. 

Additionally, the Act’s provisions have been challenged in the context of the Right to Information Act, where conflicts arise regarding the disclosure of information. The Act's stringent nature makes it challenging for individuals charged under it to obtain bail, especially due to the national security implications associated with such cases.

(With inputs from PTI)