The Delhi High Court has refused regular bail to Habib Ur Rahman, accused of possessing classified military documents and allegedly facilitating their transmission to an official of the Pakistan High Commission. Justice Sanjeev Narula passed the order on September 25, 2026, after examining the prosecution’s material, the period of custody and the applicant’s medical condition.
Background
Rahman was arrested on July 14, 2021, in a case registered under the Official Secrets Act, 1923, and several provisions of the Indian Penal Code. The prosecution alleged that documents concerning military training, the Armed Forces Special Operations Division and intelligence matters were recovered from him. The Army authorities reportedly verified the documents as genuine and sensitive.
The State also relied on financial transactions, phone records and the statement of Rahman’s employee, who allegedly delivered documents to the Pakistan High Commission on his instructions. Rahman’s counsel argued that the evidence had already been secured, the trial could take considerable time, and his serious medical condition supported his release.
The Court emphasised that national security allegations require careful scrutiny but do not automatically exclude bail.
“An allegation bearing upon national security calls for close scrutiny; it does not place the matter beyond the Court’s bail jurisdiction.”
The Court acknowledged Rahman’s substantial custody and satisfactory compliance with interim bail conditions. However, it noted that charges had been framed and prosecution evidence had commenced. The available record did not justify attributing responsibility for trial delays to either side.
“The custody undergone is substantial; at this stage, however, it does not outweigh the prima facie assessment of the record noticed above.”
The Court also considered Rahman’s wheelchair dependence and multiple ailments. However, the medical report did not establish that the prescribed treatment could not be provided in custody.
Justice Narula dismissed the regular bail application and directed the trial court to prioritise the proceedings and record prosecution evidence expeditiously.
The Jail Superintendent was directed to ensure timely medical investigations, specialist consultations, physiotherapy and treatment, arranging care at an appropriate government hospital wherever necessary.
Case Details
- Case Title: Habib Ur Rahman v. State Through SHO, PS Special Cell, Delhi
- Case Number: Bail Application No. 3081/2026
- Judge: Justice Sanjeev Narula
- Decision Date: September 25, 2026
