The Delhi High Court has denied bail to Mohsin Khan, a scrap dealer accused of aiding in the transfer of sensitive Indian Army information to Pakistan. Justice Swarana Kanta Sharma, who pronounced the verdict, observed that the gravity of the alleged espionage offence necessitated a stricter standard for bail consideration.
“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 noted, adding that such acts “strike at the heart of national security and must not be treated with lenience.”
Khan, who also operated a mobile recharge shop, allegedly acted as a conduit between an Army personnel posted at Pokhran and a Pakistani intelligence officer. The authorities claimed that Khan facilitated the illegal transmission of classified military data and received funds through this network.
His counsel argued that the case was built on regular commercial activities and lacked direct evidence linking him to any conspiracy. However, the Court was not persuaded.
“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,” Justice Sharma stated.
The Court also stressed the importance of the armed forces, stating: “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.”
Though Khan has been in custody for nearly four years, the Court held that prolonged detention alone was not sufficient ground for bail in a case involving alleged espionage.
The High Court concluded that it was not a fit case for bail and directed the trial court to expedite the proceedings.
“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.”
Case: Mohsin Khan vs State Govt of NCT of Delhi – Available on LAWFYI.IO
