The Delhi High Court recently denied bail to a man who allegedly facilitated the supply of sensitive and classified information about the Indian Army to Pakistani intelligence [Mohsin Khan v. State Govt of NCT of Delhi]..Justice Swarana Kanta Sharma said that the offences allegedly committed by Mohsin Khan are against the integrity, sovereignty and security of Bharat. “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 Court observed. .It said that such acts are not conventional crimes, but strike at the heart of national security and cannot be treated with lenience.“In cases involving alleged acts of espionage and transmission of sensitive information to foreign agencies, the threshold for grant of bail is necessarily higher, and the Court must be guided by the larger interest of justice and national security, rather than merely the passage of time in custody.".Khan, a scrap dealer who runs a mobile repair and recharge shop, has been accused of being a part of an espionage syndicate and a conduit for funds on behalf of an officer from the Pakistani High Commission. It was alleged that Khan facilitated the illicit transmission of classified military information obtained from a man named Paramjeet Kumar, who was posted in the Indian Army at Pokhran. Counsel for Khan argued that his client has been falsely implicated on account of his routine commercial transactions. He stated that the acts of transmitting money or recharging a mobile phone do not, on their own, amount to an offence. He further told the Court that there is no direct or credible evidence establishing any nexus between Khan and the core conspiratorial activities..After considering the case, the High Court noted that the man has been in custody for nearly four years. However, it added that the grant of bail is not solely dependant on the period of incarceration."While the right to personal liberty is indeed fundamental, the gravity, nature, and seriousness of the offence, as well as the potential impact on national security and the integrity of the investigative process, must also be taken into account,” she stated. Justice Sharma also paid homage to the armed forces in the order.“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."While rejecting Khan's plea for release, the Court asked the trial court to expedite the 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,” it said..Advocate Mujeeb Khan appeared for the accused.Additional Public Prosecutor Manoj Pant and as well as Advocates Shreta Shukla and Manik appeared for the State..[Read judgment]
