Nepalese Citizen Passing on Sensitive Information to Chinese Intelligence Affecting National Security: Delhi High Court Refuses Bail

national security

The Delhi High Court has refused to grant bail to the Nepalese citizen for passing on sensitive information to the Chinese Intelligence affecting the national security.

Facts

The applicant sought bail in relation to FIR registered under Section 3,4 &5 of the Official Secrets Act, 1983 & Section 120B of the Indian Penal Code, 1860, submitting that he has been falsely implicated in the instant case. He is uneducated, illiterate, is a citizen of Nepal and has been residing in India for a substantial period and had come to India to find a suitable job to cater to the needs of his family which is totally dependent on him.

The applicant submitted that he worked as a Taxi Driver in the Delhi NCR for his livelihood and found an opportunity to join a company at Mahipalpur named MZ Mall Private Limited for the position of an office peon-cum-driver at a monthly salary of Rs.10,000 and his role in the  company was limited to strict and specific instructions of the Management of the company.

Vide the status report submitted on 24.8.2022 by the State it has been submitted that a secret input from the Intelligence Agency was received that Mr. Rajeev Sharma, the co-accused had links with a Foreign Intelligence Officer and had been receiving funds from his handler through illegal means & Western Union money transfers platforms for conveying sensitive information (having a bearing on National Security & Foreign relations) through electronic means to his handler based abroad.

The status report that during further investigation it was revealed that the accused Rajeev Sharma was in contact with Chinese Intelligence Officers through emails and social media platform i.e. Telegram etc. and the accused Rajeev Sharma was conveying the information to these Chinese Intelligence Officers and was receiving the illegal funds through illegal means/shell companies being operated in Mahipalpur, Delhi, by the Chinese people on the direction of the Chinese Intelligence Officers.

Court’s Observation

The single bench of Justice Anu Malhothra concluded that the allegations levelled against the applicant of his being involved allegedly as a co-director of one of the Chinese companies through whom the information falling within the ambit of secret/confidential/sensitive documents material information was being conveyed by the co-accused Rajeev Sharma to Chinese Intelligence Officers allegedly and that there was a conveyance of documents classified as “Confidential” being conveyed by the company of which the petitioner/applicant herein was one of the co- directors for which funding was received by the co-accused Rajeev Sharma through the Shell company of which the applicant was allegedly a co-director. In view of the gravity of the offence affecting the national security of the country, there is no ground for grant of bail and the bail application is declined.

Case: Sher Singh v/s State (NCT of Delhi), 

Citation: Bail Appln. No. 2208 of 2022, 

Date: 14-11-2022

Click here to read the Order/Judgment 

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