Delhi HC Keeps Espionage Accused Behind Bars, Denies Bail

In a significant ruling, the Delhi High Court on Friday declined to grant regular bail to Habib ur Rehman, who stands accused of allegedly carrying out espionage for an official of the Pakistan High Commission. The court placed the gravity of the allegations at the centre of its decision.

Rehman, who suffers from a number of medical conditions, had earlier secured bail on medical grounds. He subsequently moved the court for regular bail, but his application was rejected on Friday.

The court, however, did not overlook his health. It instructed the authorities to make sure he gets the medical examinations, specialist consultations, physiotherapy and treatment he needs while in custody. Referring to a report by AIIMS, the bench found that the medical care he requires could be provided within the jail.

Rehman's defence argued that the seriousness of charges alone cannot be a ground to deny bail. It was also submitted that confidential documents are already in the possession of the court, leaving little scope for tampering with evidence.

The court noted that Rehman has spent more than three years in prison. It stated that an accused cannot be detained indefinitely based only on the severity of the criminal charge, particularly where the trial is unlikely to finish in a timely manner.

Despite this observation, the court said the present circumstances were distinct. The trial court has framed charges and the prosecution has commenced leading its evidence. While the pace of the trial is an important factor in bail decisions, the court found nothing in the record that justified release on bail given the stage of proceedings.

The prosecution alleges that Rehman possessed sensitive documents linked to military training and 'confidential' material, and that he acted as a go-between to pass military details to a Pakistan High Commission official. He was booked under the Official Secrets Act, 1923, and arrested in 2021.