New Delhi: A trial court on Saturday framed
charges against suspended Indian diplomat Madhuri Gupta on
offences carrying a lighter punishment of three years as Delhi
police was unable to establish a case that could get her a
maximum punishment of 14 years.
Additional Sessions Judge Pawan Kumar Jain charged Gupta
under Section 3 and 5 of the Official Secrets Act for alleged
spying and supplying information to an ISI agent when she was
posted in Islamabad.
"There is sufficient evidence on record to make out a
case against the accused for offences under Section 3 (1)
(Part-II) and Section 5 of the Official Secrets Act and
Section 120-B of the IPC," the judge said.
Under Section 3 of the Act, passing information relating
to defence carries a maximum jail term of 14 years while those
not amounting to work of defence carries a lighter jail term
of three years, which she has been charged with.
The court fixed March 22 for starting the trial.
Gupta, 55, has already spent around 21 months behind the
bars as she was arrested on April 22, 2010 by the Special Cell
of Delhi Police.
She was posted as Second Secretary (Press and
Information) in the Indian High Commission in Islamabad. She
has also been charged with breach of trust, criminal
conspiracy and various other provisions of the Official
It was alleged that Gupta revealed certain classified
information to Pakistani officials and was in touch with two
ISI officials, Mubshar Raza Rana and Jamshed.
According to the charge sheet filed in July 2010, Gupta
was involved in a relationship with Jamshed whom she planned
to marry. She used to communicate with Jamshed who had a code
The diplomat was using a computer installed at her
residence in Islamabad and a Blackberry phone to be in touch
with the two Pakistani spies, it said.
Gupta, however, had refuted all the allegations levelled
against her and had submitted that the said information is not
sensitive and the alleged act of passing on information
relating to country`s internal security to the ISI "cannot be
read as related to work of defence" under Section 3 of the
Public Prosecutor Rajiv Mohan had submitted that Gupta
should be tried under stringent provisions as the information
she had supplied was related to the military and not civil in