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Denies Bail to Soldier Accused of Spying for Pakistan
The has dismissed the plea of an ex-serviceman accused of engaging in for Pakistani intelligence agencies. Justice Manisha Batra, presiding over the matter, ruled that the gravity of the allegations and the potential threat to necessitated the petitioner's continued detention.
Case Background
The petitioner, Harpal Singh, alias Harbahal Singh, is a retired soldier who was serving with the at the Air Force Station in Bikaner at the time of his arrest. In , the in Amritsar registered an against him under the , and the .
The prosecution alleged that a secret informer tipped off the authorities that the petitioner was leveraging his former military contacts to gather and transmit sensitive information—including details regarding Army movements and war preparations—to handlers in Pakistan via social media platforms. He was purportedly arrested while allegedly scouting the Amritsar Cantonment area for such information.
Arguments Presented
Counsel for the petitioner argued that the charges were vague and lacked specific evidence regarding the nature of the information allegedly leaked or the mode of transmission. The defense emphasized the petitioner’s 17-year unblemished record in the and contended that he was apprehended at a social event, rather than at a sensitive military site. Additionally, the defense clarified that a cited sum of ₹3,000 received by the accused was a transaction involving an acquaintance, Gurcharan Singh, rather than a payment from a foreign handler.
Conversely, the vehemently opposed the bail request. The prosecution submitted that investigators had uncovered proof of the petitioner’s constant phone contact with Pakistani intelligence operatives. Given the implications, the State maintained that the accused posed a significant risk if granted liberty.
Key Observations
In its assessment, the Court underscored the severity of the charges. Justice Manisha Batra’s observations highlighted the collected during the investigation:
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"The petitioner is alleged to have established contact with officials of Pakistani intelligence agencies through various social media platforms."
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"During the course of investigation, it has been found that the petitioner was in constant touch with intelligence agencies of Pakistan over phone."
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"Having regard to 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 ."
Court’s Decision
Finding no merit in the petition, the Court denied the request for . Justice Batra clarified that this decision is based solely on the current stage of the proceedings and should not be seen as a final verdict on the merits of the case. The is directed to proceed independently, ensuring that the legal process remains uninfluenced by the observations made during this bail hearing. The decision reaffirms the judiciary's stringent approach toward offenses involving and the compromise of military sensitive information.
