A004 Lavan Behl History

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History

Term End Examination

Name – Lavan Behl

Roll No – A004

Course – BA. LLB. (Hons.)

Division – A

Topic – Secret Agents: Importance and Maintenance in 16th Century

Submitted to – Prof. Nazima Munshi


HISTORY – TERM END EXAMINATION

Table of Contents

Topic Page Number


Abstract 2
Introduction 3
Objectives 5
Research Question 5
Hypothesis 5
Review of Literature 6
Akbar the Great and Espionage 8
The Queen Elizabeth and Espionage 10
INDIAN LAW: Official Secrets Act, 12
1923

UK LAW: Secret Intelligence Services 13


Act, 1994

INDIAN CASE: State V. Madhuri 14


Gupta

Attorney General V. Observer Limited 15


and Others, 1988

Findings 17
Suggestion 18
The Conclusion 18
References 19

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Secret Agents: Importance and Maintenance in 16th Century

Abstract

Espionage and secret agencies are an integral part of a nation’s security, the
concept of secret agents in not new to the contemporary time. History has
witnessed great empires and emperors around the world and in every great empire
secret espionage and secret agencies are sine quo non to the nation’s security and
prosperity. This paper will be doing a comparative analysis of the espionage and
secret agencies of empires under two great rulers of the history – Akbar the great
of Mughal Empire (1556 – 1605 C.E.) and Queen Elizabeth 1 of England (1533 –
1603 C.E.) and comparing that analysis with the present days scenario of India
and England.

Keywords: Akbar, Queen Elizabeth 1, Espionage, Secret Agencies, National Security,


Maintenance and Importance.

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Introduction

The world of Espionage and spies has always been in controversies and an area of interest for so
many people. So many movies has been made and novels has been written over the lives of
spies, their secret tasks, the secret agencies of the countries and how the lives of spies really are.
So many people are always interested to know more about what really does these spies do and
take out their plans.

In the contemporary world, the organisation of espionage is a sine quo non for a nation’s
security. Every country has its own secret agencies which carry out the necessary tasks which
can’t be done openly by the governments around the world. In a nation, and outside a particular
nations these spies and secret agents carry on their tasks secretly give information to their
respective governments, sometimes they do such tasks which if openly done, could result in huge
losses to the countries.

Whether to get secret information about other nations and their strategies, taking out operations
for a country in other countries or in the same countries, spying on someone in or out of the
country, making the administration of a country easier, getting to know if something bad is
happening inside or outside the nation, maintain the securities of VIPs and ministers or higher
officials, keeping people of a country safe, brining intelligence information for the army and the
police, keeping record of activities of enemy nations, having a check on the terrorism, or saving
lives of the people secretly, such tasks are performed by the secret agencies and secret agents of
a particular nation, and there is so much more in the list.

It is usually said that normally people become famous by their success, but secret agents and
spies get famous by their failures, because, no one will ever get to know who really a spy is,
unless he fails to conceal his/her identity unless he fails in his/her task, which reveals their
identity.

There are many laws in many countries which regulate the secret agencies in respective
countries, and there are a number of secret agencies and intelligence agencies in a single country,

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rather being only one, and this paper is also going to cover a number of laws dealing with the
secret agencies in India as well as England.

If someone thinks that the concept of secret agents and espionage is a new concept and is unique
to the twentieth and twenty first century, then one is very wrong in such thinking. As espionage
is very important for smooth running of a nation and can be called a sine quo non to a nation’s
development. As the concept of nation is not new and has been instilled form the time
immemorial, the concept of espionage also takes birth with a nation.

When we look back to the history, it is full of stories of espionage and secret agents and how the
great empires and emperors used to handle these secret and intelligence organisations at that
time. As at time also, in history, so many nations existed and the need of secret agents was
undeniable.

Getting information from the neighboring nations, getting to know if someone is planning to trait
the nation, or someone is planning acts against the states.

In this paper we will be discussing the secret agents were organized and maintained in the
Mughal era with special reference to Akbar The Great, and also do a comparative analysis of the
secret agents and espionage agencies under the rule of Queen Elizabeth 1, as these two rulers
were contemporary to each other. These both states had earned a great name in history due to
administrative skills of their rulers and it has been claimed by the historians that these two states
had very strong and bold network of the spies, which obviously has been very famous in the
course of History.

As these two countries are being compared with regards to their history in Espionage, these two
countries – India and England will also be compared on the basis of present laws which the have
on the secret agents and how these two countries are managing the organization and
administration of the secret agents and spies in their respective nations.

These Laws are also needed to be studies from a judicial perspective, so for that sake, one
important case law from judicial system of both the nations will be discussed and analyzed,
respectively.

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Objective

 To know the espionage agencies under the rule of Akbar the Great and Queen Elizabeth
1.
 To compare the Espionage maintenance and organization under both the Ruler.
 To analyse the present laws on Espionage in India and United Kingdom.
 To Analyse two present recent Judgements on espionage of both the Countries.

Research Questions

 How the Spies were organized and maintained under Akbar the Great and The Queen
Elizabeth 1?
 What are the Present Laws on espionage in both the Countries and how they are relevant
in today’s society?
 What are the important judgements in recent times on espionage?

Hypothesis

Espionage is an integral part of a nation’s security and is a very new concept which is unique to
20th and 21st Century. These laws help a country in a number of ways and must be upheld and
even be made stronger to upheld the general public’s interest and the national security in the
contemporary time.

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Review of Literature

1. Mughal State and the Information System: 1556-1707:


This article was written by Ram Shankar Sah, and was published in Indian Historical
Review Journal. This article provides a very clear and lucid view on the information
system of the Mughal empire and how the spies worked and were organized by the
authorities at that time. It has talked a lot about the espionage and secret agencies under
Emperor Akbar The Great. It has argued that though the espionage existed even before
the Emperor Akbar, but under hid reign the system got even more robust and much
organized than earlier. It also argues that how some new and unique techniques and
systems were established by Emperor Akbar the Great. The article would have been more
helpful had it provided information about how the spies were used in the emperor’s
security and kept him safe.

2. The Ruthless 16th Century Spy Network That Kept Queen Elizabeth 1 Safe:
This article is written by Andrew Knighton and is available to read on history,com free of
any cost. This article is very clear in what it wants to convey and rather beating about the
bushes, it conveyed every message to-the-point and used the correct words which were
ought to be used. It gave a clear understanding of the espionage and secret agents system
under the rule of Queen Elizabeth 1. It claimed that the spy system was mainly handled
by the most trusted chief advisors of the queen to keep her save as there were so many
rivals of her in the kingdom and there was a continuous effort to make her throw off the
throne of the England. The article would have been more helpful, had it covered the part
that how the spies used to keep the nation safe and were used to upheld the national
security, rather than just focusing on the security of the Queen Elizabeth 1 at that point of
time.

3. All You Need To Know About The Official Secrets Act:

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This article was written by K. Deepalakshmi, and was published in the ‘The Hindu’
Newspaper. This article makes one introduced to the Official Secrets Act, 1923 of India.
it argues that the act was made and implemented in the colonial era, so that it is why it
can be said that it was enacted to suppress the information in a colonial country, but now
if we are living in an independent nation, the laws like these are needed to be updated and
made to suit to the present day’s scenario without exploiting or infringing the rights of
the people of India. this article would have been more helpful had it provided for the
reasons for enacting the act at that time and how it was received by the Indian Public at
that point of time in history.

4. M16:
This article was edited by the Editors of the encyclopedia of Britannica, and is available
on the website of Britannica free of any cost. This article gave a glimple into the world of
espionage of the Britain in the contemporary world and also of the Secret Intelligence
Services Act, 1994. First it describes about the history of the secret services of the
country and then gradually talk about the gradual development of these into what they are
in present world. It claims that at a point in history, these services were the world’s best
espionage and secret agent agency. This definitely is a very important and efficient
secondary source on the concerned subject which cis recommended for every student of
History to read.

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Akbar the Great and Espionage

Like the other great empire in the history and the contemporary time, the Mughal Empire under
Akbar’s reign was also so active in the field of espionage with a strong network of spies and
secret agents in the country. The thing that separates espionage under Akbar’s rule from other
rulers is the quality of management and administration of the spies and the way in which they
were divided in categories. There were different type of positions under the information system
under akbar’s rule. They were - waqainawis, swanihnigar and khufianavis, harkaras, and jasus.
Let us have understand them in a detailed way: -

1) WAQA-I-NAWIS:
This word has a persian origin, it is derived from waqiat which means event and nawis
means ‘one who writes, theses were the positions which had to record the events and
write them to the imperial court and the Emperor. It was a type of permanent position
held by very trusted people of the emperor. Under Akbar, espionage became stronger and
more organized. Akbar divided the Empire into 12 Provinces, called subas. Each
province was appointed one waqainawis who used to keep an eye on the Viceroy of each
province (sipah salar), Kotwal and all other officers, and report to the Emperor about
every important activity which he deems fit. Also, these waqainawis worked with the
help of their subordinate officers like kotwal, faujdars, diwan etc., they all reported to the
waqianawis, and he used to summarise the important reports and send it to the emperor.

2) SWANIHNIGAR:
This word also has a persian word – Swani is derived from saneha which meant event
and nigar means writers. Though, not much distinction has been made by the historians
between waqainawis and the swanihnigar, they almost have the same work and wrote and
recorded the events which the emperor had access to. The major difference which is
apparent in these two positions, is that the waqainawis were each appointed to each
province and used to report and record events from there, on the other hand, the
swanihnigars used to be in the royal court and recorded the events of the court and
maintained the documents, from what king did from morning to the night to what

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happened in the royal court and its proceedings, most of these things were recorded and
maintained by the swanihnigars, it was also one of the very important positions.
Sometimes they also acted as secret agents, but as they used to send their reports openly,
they remained secret not for a longer time. In some cases they were also found corrupt
and inefficient.

3) KHUFIANAWIS:
This word is also derived from a persian word which is khufia and it means secret or
confedential. These were the agents who directly wrote to the emperor, with utter
secrecy. They carried out so many secret tasks for the emperor and were super trustful
people. They were also established as the swanihnigars were being proven inefficient in
their work, and also they became public. These Khufianawis carried all the things
secretly and also conveyed the messages of the emperor to the concerned authorities.
This post was also introduced as sometimes there were conflicts among the waqianawis
and thel local people, so to keep that in check, these khufianawis were introduced, who
wrote very secretly to the emperor. In other words, these were the spies who spied on
spies.

4) Harkara:
According to many scholars and historians, harkaras were considered as runners and also
so most of the times, they were used as spies. It is believed that among all the spies, these
were the most trustworthy people of the Emperor, and they were liable to bring all the
kinds of information, whether written or oral. It is also claimed that these people were
trusted and accurate so much that a person of eminent position can also be punished on
the reports of harkaras. They remained secretly every time and spied on everybody even
on the higher officials.1

1
Ram Shankar Sah, Mughal State and the Information System: 1556-1707, Indian Historical Review, pp. 292-309
(2019)

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The Queen Elizabeth and Espionage

England has ruled the world for a very ling period of time with so many colonies across the
world. England has also been very famous in history due to the espionage and spies network it
possessed under Queen Elizabeth 1. Queen Elizabeth 1 is recalled as a very cunning and smart
ruler of history, who had a very strong organization of spies and secret agents around the world,
and they were very efficient too. Here are some point about the espionage network of the Queen
Elizabeth 1 and how it differed from the espionage network under the Mughals, especially under
Akbar the Great: -

1) Objective:
If we look at the spy system of Akbar, security of the emperor was one of the tasks of the
secret agents and the importance was divided among different spheres. On the contrary,
when we look at the espionage system under Queen Elizabeth 1, a special emphasis was
given to the security of the queen which was also necessary under those circumstances of
England.
The queen Elizabeth had so many rivals in her own Kingdom and also the catholic priests
were against her as they considered Queen Elizabeth not as a legitimate ruler of the
England and wanted to re-establish Queen Mary of Scots as the ruler of England who was
under house arrest by the Queen Elizabeth. Also so many rivals were very close to her, so
it was very important to maintain a strong network of spies for the security of the Queen
Elizabeth 1.

2) Sir Willian Cecil:


He was one of the chief advisors of Queen Elizabeth in her Court, and also one of the
most trustworthy people of Queen Elizabeth. He maintained his own network of spies and
secret agents who worked for the Security of the Queen and also acted as a very
important part of information system across the world.

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William Cecil, is also famous for one his operations that he conducted through his agents
for the Queen Elizabeth and her protection from her rivals that were spread across the
world.
It was a task to kidnap John story, who had fled from England in 1570 AD. According to
the reports to Cecil, John story – a Catholic, was planning to dethrone Queen Elizabeth
and had fled to some Low-ranking countries. There he was working for the Spanish. The
task was to Kidnap story and bring him back to the England for questioning and
punishments. Cecil’s agents tricked story to search their lost boat, held him onboard,
kidnapped him and brought him back to the England.

3) Sir Francis Walsingham:


He is also one of the most trusted people of Queen Elizabeth 1. He is regarded as a very
cunning and intelligent man in Queen Elizabeth’s Court. This person had his own
network of spies working for the Queen and used merchants as a way of spying where
ever it is necessary. It was believed that merchants were very important and efficient in
moving secret information to the right spot, and also were very capable to do so. These
people helped Walsingham to know where the catholics were hidden and planning to
overthrow queen Elizabeth.

4) Versatility of Spies:
Unlike the Spies under the Kingdom of Akbar, here the spies are quite something more
than just spies. Not only these spies were used to gather information around the world
and report the Queen, but also these spies accomplished the tasks of many other people.
These spies were efficient in killing and executing people secretly, moreover, they were
expert in kidnapping people and making them reach to the authority which ordered them
to do so. These were very important part of the Queen’s Kingdom.2

When we look at the espionage and secret agents under akbar, we see that under him, more focus
was given to the security of the nation and spies and secret agents worked in a very organized
manner. But when we look at these secret agents under Queen Elizabeth, we find that they were
2
Andrew Knighton, The Ruthless 16th Century Spy Network That Kept Queen Elizabeth 1 Safe (Last Visited
25/03/2021, 11:42 PM) https://www.history.com/news/queen-elizabeth-spy-network-england

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more dedicated to the security of the Queen than to the nation. Though, as the queen died her
natural death in sleep, that could be said the success of the secret agencies and officers working
under her.

INDIAN LAW: Official Secrets Act, 1923

As there are many colonial laws applicable in independent India till now. Colonial Laws were
brought to restrict the rights of the people of India and to keep India under the dominance of the
British Rule, but even when the british have gone back and India is independent, these laws are
still operational. One of those laws are is Official Secrets Act.

This act was enacted in 1923 by the british government in India to restrict the espionage, spies
and leaking out of any confidential information from the government, in other words it is used
against anyone who brings any information in public domain or leaks it, which the government
do not want to disclose to its own people.

Under this act, if a person is found doing spying, sharing ‘secret’ information, unauthorized use
of uniforms, withholding information, interference with the armed forces in prohibited/ restricted
area, etc. he/she can be sent to imprisonment of up to 14 years, or a fine, or with both.

When this act was continued to be implemented after independence of India, it was justified as it
is being implemented to save the national security of the country and prevent any infiltration.
The concern is, the act is not being used for what it was being justified. In the contemporary
world, the ruling government has power to exploit the journalists, news channels, whistle-
blowers, etc. only just it not it has powers, but is also doing the same. Any information which the
government wants to conceal from its people, the government is using such act to do so, and
people are able to do nothing. Such kind of act is against the principles of democracy which is
being promised to the people of India.3

3
K. Deepalakshmi, All You Need To Know About The Official Secrets Act, The Hindu, March 17, 2019

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UNITED KNIGDOM: Secret Intelligence Services Act, 1994

Secret Intelligence services Act was enacted in her majesty’s government in 1994. This act
basically deals with Secret Intelligence Services of the Britain, which his also historically called
as ‘MI6’. It also deals with some other organisations like Government Communications
Headquaters (GCHQ). The MI6 denotes Military Intelligence, and the number six comes as it
was the sixth section of the army which did such operations during the world wars. It is also the
agency which deals in the espionage work inside and mainly outside the Britain.

These services were started by a very cunning and intelligent man of british history, he was Sir
Francis Walsingham and established such organisations in 1569 AD. These organisations were
mainly deployed for the safety of the Queen Elizabeth 1 as there was so much threat to her life in
the kingdom because of the rivalries who existed at the same time.

In the 20th century, such services were installed and bolstered by Sir Mansfield Cumming in
1912, which helped so much in both of the world wars of history.4

According to the reports it is said that in this act, the Britain first time openly came about
espionage and its secret services agencies, before this either they kept silent or refused the fact of
such agencies working for the country. In this act the government first time brought top three
espionage agencies of the government under the scanner of Law and also under this law these
three agencies were made accountable to the parliament of the United Kingdom, which earlier
was not the case.

INDIAN CASE: State V. Madhuri Gupta, 2016

Specifications:

4
The editors of Encyclopedia Brtiannica, M16 (Last Visited 16/03/2021, 7:20 PM)
https://www.britannica.com/topic/MI6

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 Parties:
State (Petitioner)
Verses
Madhuri Gupta (Respondant)

 Judge:
Justice Pratibha Rani

Facts:

 Madhuri Gupta was a low-level diplomat working in the high commission of India in
Islamabad, Pakistan.
 She was charged with spying for the enemy nation and providing internal information to
the enemies which can be proved dangerous for the security of the nation as well as for
the India diplomats.
 She was called back to India, and charged.
 She was charged under Official Secrets Act, 1923.
 It was found that she actually was sharing some information to the people with whom it
shouldn’t be. Moreover, that information can easily be categorized as secret information
that could be risk the security of the nation as well as of the diplomats that were present
there in the country.
 Her Emails showed the direct proves of these conversations.
 By the trial court, she was charged under later part of section 3(1) of the official secrets
act, 1923 under which she could be given maximum punishment of upto 3 years in
imprisonment, and she got punishment of 3 years under imprisonment by the trial court
of law.
 The government wanted the court to give her punishment in the later part of the official
secrets act section 3(1).
 The government filed an appeal in the Delhi High Court, for giving punishment to
Madhuri Gupta under later part of section 3(1) of the official secrets act, 1923 in which

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the maximum punishment of the offence would me 14 years, and it was requested to
increase the punishment.

Judgement:

 The respondent/accused shall be charged for the offence punishable under first part of
Section 3(1) of Official Secrets Act attracting maximum punishment up to a period of
fourteen years. After the charge is amended, the learned Trial Court shall given due
opportunity to the respondent/accused to recall the witnesses already examined for
further cross examination if the respondent/accused feels the same necessary to defend
herself.
 It is made clear that learned ASC for the State has already assured the respondent/accused
that after being charged for a graver offence, the State would not pray for cancellation of
her bail on this ground.

Attorney General V. Observer Limited and Others, 1988

Specifications:

 Parties:
The Attorney General (Appellant)
Verses
Observer Ltd. And Others (Respondents)

Facts:

 W., was an agent of British Secret Intelligence Services M.I. 5.


 He went to live in Tasmania after retirement.
 He wrote a book, on the world of British espionage agencies and named it as Spycatcher.

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 It is alleged that the book contained secret information of the operations of the secret
agencies of Britain which is against the contract that was between him and her majesty’s
government.
 As the book was not allowed to be published in UK, he tried to publish the book in
Australia.
 There were also complications publishing the book in Australia, so the last resort where
the book could be published was in United States. So he and his Australian Publisher
tried to Publish the Book in United States.
 Meanwhile, some Newspapers like The Guardian, the Observer, The Sunday Times,
published abstracts and article in their newspapers about and of the book.
 It was claimed by her majesty’s government that the contract between W., and it has been
broken and confidential information has been breached which could be dangerous for the
national security and wellbeing,

Judgement:

 The courts of the United Kingdom will not enforce copyright claims in relation to every
original literary work. Equitable relief has been refused where the work contained false
statements calculated to deceive the public (Slingsby v. Bradford Patent Truck and
Trolley Co. [1905] W.N. 122; [1906] W.N. 51) and where the work was of a grossly
immoral tendency (Glyn v. Weston Feature Film Co. [1916] 1 Ch. 261). In a passing-off
action, Bile Bean Manufacturing Co. v. Davidson (1906) 23 R.P.C. 725 the Second
Division of the Court of Session refused relief to a company which had perpetrated a
deliberate fraud on the public by a series of false factual statements about its product.
Lord Justice-Clerk Lord Macdonald said, at p. 734:

“No man is entitled to obtain the aid of the law to protect him in carrying on a fraudulent
trade, but the cases quoted at the debate by the Lord Ordinary establish, as I think, very
clearly that the courts have in the past given effect to the principle which allows nothing
to the man who comes before the seat of justice with a turpis causa.”

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 The publication of Spycatcher was against the public interest and was in breach of the
duty of confidence which Peter Wright owed to the Crown. His action reeked of
turpitude. It is in these circumstances inconceivable that a United Kingdom court would
afford to him or his publishers any protection in relation to any copyright which either of
them may possess in the book. That being so anyone can copy Spycatcher in whole or in
part without fear of effective restraint by Peter Wright or those claiming to derive title
from him. It follows that the future ability of “The Sunday Times” to serialise Spycatcher
does not derive solely from their licence. They are free to publish without reference
thereto and are thus for practical purposes in no better position than any other newspaper.

 The Appeal was dismissed with costs.

Findings

 The secret and espionage agencies under Akbar the Great were very structured.

 The espionage Agencies of Akbar were more dedicated to the security of nations and
there were spies even to spy on other Spies.

 The Espionage Agencies under Queen Elizabeth 1 were more dedicated to the security
and Protection of the Queen than to the security of the Nation, but that too was justified
in nature.

 Queen Elizabeth had many rivals and most of the spies were maintained and organized by
her most trusted chief advisors.

 The Official Secrets Act, 1923 is a colonial Era Law and imposes restrictions on people
somewhat like those which were levied during British Era.

 The Official Secrets Act, 1923 rather then being used to for the tasks it was established, is
being used by governments to keep things from the people of the nation and punish
journalists and news channels for taking out any information that government does not
want to reveal.

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Suggestions

 The Colonial Era Laws which are still functional in independent India must be reviewed
or removed.

 The Official Secrets Act, 1923 must be updated to the present day scenario, so that the
colonial era essence gets removed from it.

 If such act is really needed for maintain national security, then the ambit of the act should
be narrowed down so that it may not be misused by the government in power to restrain
the right to speech of the people of India.

The Conclusion

It is evident that espionage and secret agencies are very important for proper functioning of a
nation as well as for the national security. If one believes that the spying on other countries and
in a counry internally is a very new concept then the belief id wrong, espionage has been an
integral part of a nation’s as well as the people’s security from a very long time in history and the
examples for these are – Akbar the Great and The Queen Elizabeth 1. These two rulers possessed
a very strong, wide, and efficient network of secret agents across the world and that helped a lot
to run a whole nation.

When we look at the present laws in both the countries – UK and India, it is evident that the laws
are needed to be updated according to the present scenarios of the world, so that the security of
the nation and rights of the people go hand in hand.

References

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 K. Deepalakshmi, All You Need To Know About The Official Secrets Act, The Hindu,
March 17, 2019
 The editors of Encyclopedia Brtiannica, M16 (Last Visited 16/03/2021, 7:20 PM)
https://www.britannica.com/topic/MI6
 Andrew Knighton, The Ruthless 16th Century Spy Network That Kept Queen Elizabeth 1
Safe (Last Visited 25/03/2021, 11:42 PM) https://www.history.com/news/queen-
elizabeth-spy-network-england
 Ram Shankar Sah, Mughal State and the Information System: 1556-1707, Indian
Historical Review, pp. 292-309 (2019)

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