Delhi HC rejects bail of man accused in spy case in view of national security

New Delhi [India], May 23 (ANI): The Delhi High Court has rejected the plea of a man accused in a case related to the transfer of secret information pertaining to the Indian Army to Pakistan. A case was lodged under sections of the Official Secrets Act by the Crime Branch of the Delhi police in 2021.
"The offence in question in the present case is not merely one against a particular individual, institution, or group, but is an offence against the very integrity, sovereignty, and security of Bharat," the Delhi High Court said in its judgment.
Justice Swarana Kanta Sharma dismissed the bail plea of Mohsin Khan considering the security of country and Indians involved in this case.
"Considering that the offence in question involves the security of the entire nation and Indians, and the applicant herein was part of a syndicate, who were working against the security of the country, this Court does not find it a fit case to grant bail to the present applicant," Justice Swarana Kanta Sharma said while rejecting the bail plea on May 22.

Justice Sharma said, "It must be remembered that the nation rests peacefully because its armed forces remain vigilant. It is in their unconditional duty and commitment that the citizenry finds assurance of safety and continuity of the constitutional order. When individuals, driven by financial inducement or otherwise, seek to breach this trust by serving as conduits to foreign agencies, it amounts to an act not only of grave criminality but of betrayal to the nation."
The ramifications of such offences are far-reaching - they endanger the lives of countless individuals, compromise military preparedness, and threaten the sovereignty of the State; therefore, do not pass the test of conditions for the grant of bail and by no stretch of the imagination, though argued by the learned counsel for the applicant be termed as not grave, not being murder or dacoity, the high court said.
Delhi police had registered an FIR after receiving secret information regarding the involvement of certain individuals based in Delhi, Rajasthan, and Uttar Pradesh, who had been carrying out anti-national activities and had been engaged in espionage for Pakistan. It had further come to the notice of the authorities that these individuals had also been visiting the Pakistan High Commission at Chanakyapuri, Delhi.
On July 11, 2021, secret intelligence had been received indicating that one Habib would provide secret/classified documents related to the Indian Army to Pakistan through some persons based in Delhi, at Pokhran.
Acting upon the said input, the investigating team proceeded to Pokhran, Rajasthan, and on 12.07.2021, accused Habibur Rehman, residing at Pokhran, Rajasthan, was apprehended at Diatra, Bikaner Highway, Rajasthan.
At the time of his apprehension, he was found in possession of highly secret/classified documents pertaining to the Indian Army, for which he had failed to provide any satisfactory explanation. The authenticity of the seized documents has been confirmed and verified by the Army Headquarters, Sena Bhawan, Delhi.
Habibur Rahman used to pass on the secret information to the Pak High Commission Official Rana Muhammad Qasim Zia through Mohsin Khan and also received payment through him. He was also transferring payment to the other accused.
While rejecting the bail plea, the bench noted that counsel for the applicant was also unable to offer any satisfactory explanation or justification as to how and why the accused Mohsin Khan was in regular contact with Habibur Rehman, Rana Muhammad Qasim Zia, Paramjeet Kumar, and various money forwarding agents.
The court said no cogent argument was advanced to clarify the applicant's role in facilitating the transfer of funds to the accounts of Habibur Rehman and Paramjeet Kumar through these agents.
The high court said that Such acts, where sensitive and classified information concerning the Indian Armed Forces is allegedly transmitted to foreign handlers, strike at the heart of national security and cannot be treated with leniency.
These are not conventional crimes - they are crimes that compromise the trust reposed in individuals who are either part of or have access to our military establishments, the High Court pointed out. (ANI)