Ex-Army man denied bail after probe shows ‘constant contact with Pakistan intelligence’

The order added, “The seriousness of the allegations, the nature of the material collected during investigation and the larger public interest involved, this court does not find it to be a fit case for extending the concession of regular bail to the petitioner at this stage.” 

‘Collected sensitive info’

As per the allegations, a secret informer told the State Special Operation Cell in Amritsar that the former Army man  posted with the Defence Service Corps at Air Force Station, Bikaner, was allegedly in contact with Pakistani intelligence agencies through social media.

It was alleged that he was using his old contacts in the Indian Army to collect highly confidential information regarding the force’s movements and other sensitive information concerning the security, unity and integrity of the country and allegedly sending it to Pakistan in exchange for money.

Justice Manisha Batra was hearing a bail plea by the ex-serviceman.

It was further alleged that on the day of the occurrence, he had been assigned the task of collecting information regarding enhanced Army movements in the Amritsar Cantonment area. Acting upon the secret information, the current FIR was registered, and investigation proceedings were initiated. He was arrested on February 7. The investigation now stands concluded. 

‘Falsely implicated’

Advocate Kuljit Singh Bal, appearing for the ex-serviceman, argued that he had been falsely implicated in this case and was an ex-serviceman who served in the Indian Army for nearly 17 years with an unblemished service record. 

It was submitted that he was not apprehended from any prohibited or sensitive military area but was illegally picked up from a marriage function. The allegations in the FIR are vague and general in nature and do not disclose the specific nature of the alleged confidential information, the exact mode of transmission or any concrete instance of communication with any foreign agency. 

The counsel further argued that there was no material to establish that he had ever transmitted any secret information to any person. The allegation regarding receipt of Rs 3,000 was misconceived as the amount was received from another person, who is known to him and not from the alleged handler.

It was pointed out that the investigation had already concluded, the challan had been presented, and the petitioner was in custody since July 7. The counsel submitted that custodial interrogation was no more required, and continued detention would not serve any useful purpose. Hence, it was urged that the bail petition deserved to be allowed. 

Additional Advocate General Sakshi Bakshi argued that there were serious and specific allegations against the man, and that during the course of investigation, it was found that he was in constant contact with Pakistan-based intelligence. She submitted that considering the gravity of the allegations and their bearing on national security, the ex-serviceman did not deserve the concession of regular bail, and sought to dismiss the plea. 

Bail denied

The court noted that the ex-serviceman was alleged to have established contact with officials of Pakistani intelligence agencies through various social media platforms and, by virtue of his previous association with the Indian Army, collected and transmitted confidential information relating to Army movements, war preparations and military formations. 

Considering the serious allegations against him, the court rejected his regular bail plea at this stage and clarified that nothing observed in the order should be construed as an expression on the merits of the case and the trial court should proceed independently.