The Delhi High Court rejected the bail plea of Mohsin Khan, accused of involvement in a major espionage operation linked to the Pakistan High Commission. The Court, while dismissing the application, emphasized the critical role of the armed forces in maintaining national security and observed that acts compromising this trust must be dealt with firmly.
The case stems from an investigation initiated in July 2021 after intelligence agencies received inputs regarding the transfer of sensitive Indian Army documents to Pakistan. The accused were allegedly operating across Delhi, Rajasthan, and Uttar Pradesh. Mohsin Khan, a resident of Turkman Gate in Delhi, was identified as a key financial link in the conspiracy. He was arrested on July 25, 2021.
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The investigation revealed that Khan had close ties with Rana Muhammad Qasim Zia, a visa officer at the Pakistan High Commission. Khan allegedly facilitated financial transactions from Zia to other accused — Habibur Rehman and Army clerk Paramjeet Kumar — both of whom had access to highly classified military documents. These funds were routed via money forwarding agents, whose statements and transaction records were presented in court.
“Such acts, where sensitive and classified information concerning the Indian Armed Forces is allegedly transmitted to foreign handlers, strike at the heart of national security and cannot be treated with leniency,” the Court remarked.
According to the prosecution, Rehman obtained sensitive documents from Kumar and passed them on to Zia through Khan. In return, Rehman and Kumar received money, which Khan helped distribute through a network of agents. Investigators found corroborating evidence such as WhatsApp messages, call data records, and banking transactions that linked Khan to the scheme.
Further, it was found that Khan regularly recharged the mobile number used by Zia and destroyed his phone and SIM card after the arrest of his associates — an act seen by the Court as an attempt to destroy evidence.
“The ramifications of such offences are far-reaching – they endanger the lives of countless individuals, compromise military preparedness, and threaten the sovereignty of the State,” Justice Swarana Kanta Sharma stated in the order.
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The defense argued that Khan was a scrap dealer and ran a mobile repair shop, asserting his transactions were routine and lacked criminal intent. They also highlighted his long judicial custody of over three years. However, the Court rejected these arguments, noting that bail in espionage cases must be considered with a higher threshold due to the severity of the charges.
“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 judgment read.
The Court concluded that the accused’s actions pointed to a deliberate attempt to assist a foreign nation through unlawful means. Therefore, the application for bail was denied, and the Trial Court was instructed to expedite the proceedings.
Case Title: MOHSIN KHAN v. THE STATE GOVT. OF NCT OF DELHI
