New Delhi, Oct. 23: The Delhi High Court has denied regular bail to Habib Ur Rahman, who is accused of possessing classified military documents and allegedly transmitting them to an official at the Pakistan High Commission.
Justice Sanjeev Narula dismissed Rahman’s bail application, observing that the material on record prima facie linked him to the alleged transmission of sensitive documents. The court also held that the seriousness of the charges and the nature of the documents weighed against granting bail at this stage.
In its September 25 order, the court noted that national security allegations required close scrutiny. However, it emphasised that such allegations did not remove the court’s authority to examine bail applications on their individual merits.
Delhi High Court Examines Evidence in Official Secrets Act Case
Rahman was arrested on July 14, 2021, in connection with a case registered by the Crime Branch under Sections 3 and 9 of the Official Secrets Act, 1923. The case also includes provisions of the Indian Penal Code relating to criminal breach of trust, theft, destruction of evidence, house trespass, criminal conspiracy and common intention.
According to the prosecution, Rahman was apprehended with copies of documents relating to military training, the operationalisation of the Armed Forces Special Operations Division (AFSOD), an intelligence summary and other military material marked confidential or restricted.
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Army authorities subsequently verified the documents as genuine and sensitive, the prosecution told the court.
Investigators alleged that Rahman acted as an intermediary between co-accused Naik Clerk Paramjeet Kumar and Rana Muhammad Qasim Zia, described in the case as an official of the Pakistan High Commission.
The prosecution opposed bail by citing the recovery and authentication of the documents, financial transactions mentioned in the chargesheet, mobile phone records and call detail records.
It also relied on the statement of Rahman’s employee, Mohd. Arif, who allegedly delivered documents to the Pakistan High Commission on Rahman’s instructions.
The court concluded that Rahman’s prolonged custody and medical condition did not justify his release at this stage. The allegations remain subject to judicial proceedings.
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