The city police on Tuesday moved the Delhi high court for slapping of a more stringent spying charge, entailing 14 years' jail term, on suspended Indian diplomat Madhuri Gupta, in place of the milder one, framed by the trial court and carrying only a three-year-term.
In a petition to the court, the Special Cell of Delhi police sought modification of the trial court order and sought framing of charges under sections 3 (1) (Part-I ) of the Officials Secret Act, carrying a 14-years' jail term.
In its plea, the police said the information passed by Gupta to her Pakistani links through e-mails pertained to the country's defence and compromised national security, while the trial court has framed charges against her barely under Section 3 (1) (Part-II) of the OS Act, carrying merely a three year jail term on conviction.
She was charged by the trial court only for passing on to her links the informations not related to the defence and national security, the police said in its plea.
On the police plea, Justice Pratibha Rani issued notice to Gupta, presently out on bail, and sought her reply by September 24.
On January 7, trial court had charged Gupta under milder sections of the OS Act, allegedly for spying and supplying information to an ISI agent during her tenure in Islamabad
Gupta, 55, has already spent over 21 months behind bars after her arrest on April 22, 2010 by the Special Cell of Delhi police. She was posted as Second Secretary (Press & Information) at the Indian High Commission in Islamabad.
According to the charge sheet filed in July 2010 against her, Gupta revealed certain classified information to Pakistani officials and was in touch with two ISI officials, Mubshar Raza Rana and Jamshed.
It added that she was involved in a relationship with Jamshed whom she planned to marry. She used to communicate with Jamshed under a code name 'Jim'.
The chargesheet said the diplomat used a computer installed at her residence in Islamabad and a Blackberry phone to be in touch with the two Pakistani spies. Gupta, however, had refuted all the allegations levelled against her.