Threatens National Security: Gujarat High Court Denies Bail To Man Accused Of Sharing Sensitive Info On Border Areas To Alleged ISI Agent

The Gujarat High Court recently denied bail to a man accused of spying and sharing confidential details about the Indian Army to an alleged ISI agent stated to be residing in Pakistan who allegedly posed as a woman having a Facebook account in the name of Poonam Sharma. 

In doing so the court observed that material suggests a "larger conspiracy involving ISI agents" posing a threat to national security noting that the applicant allegedly shared "sensitive information on border areas". It further observed that following the alleged incident, terrorist attacks had occurred inclduing drone and other hostile activities which were carried out in border areas by Pakistan.

The petitioner Deepak Salunkhe has been booked and arrested in a 2022 FIR under IPC Sections 121(A) (conspiracy to wage, or attempting to wage war, or abetting waging of war, against the Government of India) and 120(B) (criminal conspiracy).

Justice Hasmukh D Suthar in his order noted that it appeared that as per intelligence Salunkhe was intercepted and upon searching his mobile phone particularly his Facebook and WhatsApp accounts, various chats and confidential details and information of Indian Army came to be found and other conversations were found.

"Present applicant was found in the contact of one Hamid, who is actually Pakistani Citizen but having Facebook account in the fake name of Poonam Sharma. The applicant was found in the contact of ISI agents and he shared sensitive information of Indian Armed Force including the photographs and for that, he received money through Hawala...The present applicant was found to be involved in sharing movement of armed force vehicles in Pushkar and for that, he had received money. Money transactions were found between the applicant, Hamid and other persons. It is required to be noted that whatever the secret information and photographs sent by the applicant, are confirmed by the Army that such information are secret information and are not available for the public. Further, the said Facebook Account of Hamid, created in the fake name of Poonam Sharma was made in Pakistan". 

The court after considering the role and allegations levelled against the applicant, said that it appears that question of national security is more important than the monetary gain.  It said that even if the applicant could not have received any money, then also, no case is made out to enlarge him on bail. The court rejected Salunkhe's contention of delay in trial observing that merely delay in trial is not a ground to grant bail application in "such type of serious matter".

It further said:

"The appellant is facing serious charge of providing sensitive information and photographs of Indian Army to ISI agent. During the investigation, the Investigating Officer was able to collect sufficient material and evidence suggesting a larger conspiracy involving ISI agents, posing a threat to national security with a nationwide impact and serious implications for the safety of citizens. Following the alleged incident, terrorist attacks occurred, and drone and other hostile activities were carried out in border areas by Pakistan. The applicant is alleged to have shared highly sensitive information related to border areas. Therefore, considering the unity, integrity, and security of the nation, personal liberty alone cannot be a sufficient ground to allow the present bail application, especially when viewed in the context of larger societal interest. In cases involving grave charges and severe punishment, the Court may not exercise its discretion in favor of the accused."

The court after noting the facts and circumstances observed that granting bail to applicant would greatly harm further investigation qua other accused and would impede the prospects of unearthing all the ramifications involved in the conspiracy.

Noting Salunkhe's "prima facie involvement" and possibility of tempering with evidences as trial is in progress, the court dismissed the bail plea however it asked the trial Court to expedite the trial. 

Case title: Dipak Kishorbhai Salunke v/s State of Gujarat

Click Here To Read/Download Order