In Rafale case the Supreme Court considered that as a secret and it also refused to uphold free speech regarding the right of Hindu to publish a series of article in month of February. The Supreme Court conveys that leaking the matter of Rafale case would be a threat to national security and foreign relation. Attorney General also claimed that those documents as stolen and again that amount to offence under Official Secret Act. The 3 judges’ bench of CJI GOGAI, JUSTICE SK KAUL and KM JOSEPH have rejected these objections and held that review upon this case will be considered on merits. In giving these objections and held that review upon this case will be considered on merits. In giving this above objection by Supreme Court it quoted “PENTAGON PAPER CASE” or “NEWYORK TIMES V USA”.
WHAT ARE PENTAGON PAPERS?
In the middle 1967, there were studies published on the decision with the title “HISTORY OF US DECISION MAKING PROCESS ON VIETMAN POLICY 1945-1967” by US Secretary of defense Robert Namana without knowledge of President Lyndon John. These publish papers are called pentagon paper and they influenced people towards war against Vietnam reporter Neil Sheehan written an article which was published on the front page and six page story was printed on NYT. This is a study based on 47 volumes, 7000 pages. Those reports conveyed that there was a census to bomb Vietnam before 1964 elections and that bombing is known as Rolling Thunder. This agitated the people of America into a war against Vietnam. The lawyer of the post were adamantly against it but Brad lee said to the lawyer he was committed to bring out the truth by saying “ The only way to assert the right to publish is to publish” and finally it was published.
COURT’S JUDMENT OVER PENTAGONE CASE:
On June 26 due to the threat it posed to the National security, treason there 2 case filed over NYT and or very first time the case was heard by Supreme Court. NYT claimed that “By the vote of 6 to 3 the court held that ‘any attempts by the government to block new articles prior to publication bears a heavy burden of presumption against its constitutionality” The court upheld that government has not met that burden and that it posed kinetic destruction force over the civilian which created aggression towards war.