Delhi High Court refused bail to a scrap dealer accused of spying for Pakistan. The Court cited threats to national security and the gravity of the offence.
The Delhi High Court recently refused to grant bail to Mohsin Khan, a man accused of helping in the supply of secret and sensitive information about the Indian Army to Pakistani intelligence officers.
Justice Swarana Kanta Sharma, while hearing the case, observed that the charges against Khan were extremely serious as they concern the safety and security of the entire nation.
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She remarked,
“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.”
She added that crimes like espionage should not be seen as regular criminal acts, as they deeply harm the country’s national interest.
The Court made it clear that such crimes
“strike at the heart of national security and cannot be treated with lenience.”
The judge also said that in such cases of alleged spying and sharing of sensitive information with foreign agencies, the standard for granting bail is very high.
“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.”
As per the prosecution, Mohsin Khan is a scrap dealer who also runs a mobile repair and recharge shop.
He has been accused of being part of an espionage network and of acting as a middleman to transfer money on behalf of an officer from the Pakistani High Commission.
It was further claimed that Khan helped in sending secret military information that was given to him by Paramjeet Kumar, a person working with the Indian Army and posted in Pokhran.
Khan’s lawyer, Advocate Mujeeb Khan, told the Court that his client was innocent and was being wrongly framed.
He said that Khan’s financial transactions and mobile recharges were only part of his regular business activities.
The lawyer argued that these actions alone cannot be considered a criminal offence. He added that there is no solid proof showing Khan’s direct link with the main group involved in the crime.
While the Court noted that Mohsin Khan had already spent nearly four years in jail without bail, it clarified that the time spent in custody is not the only thing to be looked at when deciding on bail.
Justice Sharma said,
“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.”
The Court also appreciated the efforts of the Indian armed forces and mentioned that they are the reason why the country remains safe.
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.”
In the end, the Court rejected Mohsin Khan’s bail application and said that the case should be fast-tracked in the trial court.
“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.”
The State was represented by Additional Public Prosecutor Manoj Pant and Advocates Shreta Shukla and Manik.
Case Title:
Mohsin Khan v. State Govt of NCT of Delhi
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