No bail in Army espionage case, HC cites national security concerns
New Delhi: Delhi High Court denied bail to a man, who allegedly passed sensitive Indian Army information to the Pakistan High Commission.
A single judge bench of Justice Swarana Kanta Sharma emphasised that the nation's peace depends on the vigilance of its armed forces.
"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," the court added.
According to the prosecution, the accused, Mohsin Khan acted as a covert financial channel, secretly moving funds to hide their source and support the transfer of sensitive information to Pakistani officials.
The bench stated that in cases involving alleged acts of espionage and transmission of sensitive information to foreign agencies, the threshold for granting bail is necessarily higher. The court must be guided by the larger interest of justice and national security, rather than merely the passage of time in custody.
The prosecution submitted before the court that the evidence prima facie corroborated Khan's central involvement in facilitating financial transactions integral to the broader conspiracy of transmitting sensitive information pertaining to the Indian Army to the Pakistan High Commission.
The court said that the offence was not merely against a particular individual, institution, or group, but was an offence against the integrity, sovereignty, and security of "Bharat."
Noting that such acts strike at the heart of national security and cannot be treated with leniency, the court further said that, "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."
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