"An Offence Against the Very Integrity, Sovereignty, and Security of Bharat": Delhi High Court Rejects Bail in Espionage Conspiracy Involving Classified Military Documents
Sanchayita Lahkar
The High Court of Delhi Single Bench of Justice Dr. Swarana Kanta Sharma held that the alleged acts committed by the applicant were part of a coordinated conspiracy involving the transmission of classified Indian Army documents to a foreign mission. Citing national security and the magnitude of the offence, the Court rejected the plea for regular bail. It directed that the accused shall remain in custody pending trial. The Court recorded that the case involved not a personal or individual act of crime, but one that directly compromised national integrity and was therefore not fit for the grant of bail.
The case originated from a secret intelligence alert concerning anti-national activities orchestrated by a group of individuals operating from Delhi, Rajasthan, and Uttar Pradesh. The accused were allegedly engaged in espionage and had maintained direct links with officials from the Pakistan High Commission.
The central allegation involved the recovery of sensitive and classified Indian Army documents, verified by the Army Headquarters in Delhi as genuine and critical. The documents were found in the possession of Habibur Rehman, apprehended on 12 July 2021 at Diatra, Bikaner Highway, Rajasthan. He failed to account for the possession of such material. The documents were confirmed by the Army Headquarters to be “classified and sensitive in nature… expected to cause damage to national security or be prejudicial to the national interest.”
Following this, FIR No. 132/2021 was registered on 14 July 2021 at Police Station Crime Branch, Central Delhi. Investigations revealed a conspiracy involving Paramjeet Kumar, a Naik Clerk posted at the Army Service Corps in Pokhran, Rajasthan, and later at a highly sensitive military unit in Agra, Uttar Pradesh. Paramjeet Kumar allegedly procured the classified documents and passed them to Habibur Rehman.
It was further discovered that these documents were passed on to a Pakistani handler, Rana Muhammad Qasim Zia, an official at the Pakistan High Commission, either directly or through Mohsin Khan, the applicant seeking bail.
Mohsin Khan was arrested on 25 July 2021. Evidence showed he operated as a conduit, receiving money from the Pakistani official and transferring it to the bank accounts of co-accused individuals and their relatives. Investigators identified multiple transactions amounting to several lakhs of rupees, routed through money forwarding agents Bablu Patel, Sunny Gupta, and Abid, all of whom corroborated that they acted on Khan's instructions.
Additionally, records showed that Mohsin Khan recharged the mobile number used by the Pakistan High Commission official through recharge vendors in Turkman Gate, Delhi. The number was linked to classified communications.
Investigations revealed that Mohsin Khan facilitated the forwarding of Rs.1,10,000 in five tranches to a chemist in Bikaner, who further transferred the funds to Habibur Rehman. Another Rs.70,000 was transferred to Sameer Khilji, a chicken supplier associated with Rehman.
Transactions from a number registered in the name of Khan's wife, Sana Parveen, revealed credit entries into the account of Kavita Bhardwaj, sister of co-accused Paramjeet Kumar. These transfers were allegedly made on Khan’s instruction.
Upon inquiry, Mohsin Khan admitted to having destroyed a mobile handset and SIM card after the arrests of co-accused, allegedly under instructions from the Pakistani handler. This device was believed to contain incriminating evidence.
The investigating agency presented statements under Section 161 Cr.P.C. from all involved agents and recorded bank trails and communication records, including WhatsApp chats, which were corroborated with call detail records (CDRs) and verified mobile phone IMEIs.
The prosecution stated that Mohsin Khan was not merely an incidental participant but formed a crucial link in the espionage syndicate that sought to breach the security of India.
The Court recorded "the material placed before the Court suggests otherwise" in response to the applicant’s claim of non-involvement.
It stated that "Mohsin Khan had come into contact with one Rana Muhammad Qasim Zia, posted as Visa Officer at the Pakistan High Commission in Delhi… thereafter assumed a pivotal role as a key intermediary linking accused Habibur Rehman, Naik Clerk Paramjeet Kumar, and the official of High Commission of Pakistan."
It noted that "the applicant Mohsin Khan is alleged to have operated as a covert financial conduit, facilitating the discrete movement of funds with the intent to conceal their origin and ultimate purpose…"
The Court further observed that "the communications, comprising screenshots, transaction references, and chat exchanges… prima facie corroborate the applicant’s central involvement in facilitating financial transactions integral to the broader conspiracy."
Regarding phone recharges, the Court recorded: "recharges were carried out discreetly… operating in and around Turkman Gate, Delhi, where he resides."
In relation to the destruction of evidence, it found: "he had destroyed both the mobile handset and the SIM Card associated with the said number on the instructions of Rana Muhammad Qasim Zia…"
It also stated: "the present accused Mohsin Khan had positively identified Rana Muhammad Qasim Zia… from an official photograph…"
On the security implications, the Court recorded: "the present case is not merely one against a particular individual… but is an offence against the very integrity, sovereignty, and security of Bharat."
It continued: "Such acts… strike at the heart of national security and cannot be treated with leniency."
In consideration of public safety and national interest, the Court stated: "When individuals, driven by financial inducement or otherwise, seek to breach this trust… it amounts to an act not only of grave criminality but of betrayal to the nation."
The Court concluded its observations with the note that "the seriousness and gravity of such offences demand that they be dealt with utmost sternness."
The Court stated that the application for bail be dismissed. It held: "This Court does not find it a fit case to grant bail to the present applicant."
It added: "The grant of bail cannot rest solely on the duration of incarceration… the gravity, nature, and seriousness of the offence… must also be taken into account."
"These are not conventional crimes – they are crimes that compromise the trust reposed in individuals…"
"The consequences of such actions extend beyond the immediate actors and strike at the very foundation of the security of the nation."
"Accordingly, the present application stands dismissed."
Additionally, the Court directed: "The learned Trial Court shall make every endeavour to expedite the trial in the present case.A copy of this judgment be forwarded to the learned Trial Court for information."
Advocates Representing the Parties
For the Petitioner: Mr. Mujeeb Khan, Advocate
For the Respondents: Mr. Manoj Pant, APP for the State along with Ms. Shreta Shukla and Mr. Manik, Advocates
Case Title: Mohsin Khan v. The State Govt. of NCT of Delhi
Neutral Citation: 2025: DHC:4215
Case Number: BAIL APPLN. 1356/2025
Coram: Justice Swarana Kanta Sharma
[Read/Download order]
