Interim Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC 63/2023
STATE Vs. MOHSIN KHAN
FIR No. : 132 /2021
PS Crime Branch
19.12.2023
Present: Sh Alok Saxena, Ld. Chief Prosecutor for State.
Accused Mohsin Khan and Parmjeet Kumar
produced from JC.
Sh. Jayander Sewda, Ld. Counsel for accused
Habib Ur Rehman.
Sh. Archit Krishna, Counsel for accused Mohsin
Khan.
Sh. R.K. Singh, Ld. Counsel for accused Paramjeet
Kumar.
IO ACP Pankaj Arora, Central Range, Crime Branch
in person.
IO Inspector Satish Rana and Inspector Lichman in
person.
Accused Habib Ur Rehman not produced from JC.
Letter of request received from the Jail Superintendent
of Jail no.10, Rohini Jail, Delhi that accused Habib Ur Rehman has
been taken to hospital for treatment as per directions of Hon’ble
High Court of Delhi and therefore, accused Habib Ur Rehman has
not been produced from JC today.
IO ACP Pankaj Arora has verbally stated that there are
allegations that the documents recovered from accused Habib Ur
Rehman on the tip of a secret informer and the said documents
recovered from a common man accused Habib Ur Rehman were of
military secrets of Indian Army and on interrogation, accused Habib
Ur Rehman disclosed that the same were transmitted to him through
accused Paramjeet Kumar, having belt no.14877599W, a military
official of Indian Army under the commanding unit of HQ AFSOD,
Agra Cantt., Uttar Pradesh.
IO has further stated that accused Habib Ur Rehman
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further disclosed that he used to supply these documents i.e.
military secrets to an official of Pakistan High Commission in lieu
of money either paid directly or through accused Mohsin Khan at
the behest of the said official of Pakistan High Commission.
IO has further stated that the alleged role of accused
Paramjeet Kumar while being posted as a military clerk was
receiving the official documents in the official capacity and he
prepared duplicate keys of the office as well as the office almirah
and he used to open the said locks and clicked the photographs of
classified and confidential military documents and then transmit it
through phone and other electronic modes as well as physically to
accused Habib Ur Rehman as well as sometimes directly to the
official of Pakistan High Commission and he was in constant touch
with the said official of Pakistan High Commission.
IO has further stated that he has received the report
from the Military Intelligence of the Indian Army that all the
documents recovered from accused Habib Ur Rehman are
confidential secrets and classified documents of the Indian Army
and any unauthorized disclosure of the contents of the said
documents could be expected to cause damage to National security
and could be prejudicial to the national interest or would embarrass
government of India in its functioning.
Heard.
Considering Section 475 Cr.P.C and in view of the fact
that as per the chargesheet, accused Paramjeet Kumar is a Naik
Clerk of military base unit at Agra Cantt., Uttar Pradesh and is a
military personnel and governed under the Military Law and to
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ensure the fair trial as per law. A letter of request is sent to the
Commanding Officer of the unit HQ AFSOD, Agra Cantt.,
Uttar Pradesh as well as their Head Office and their Vigilance
Branch as well as Integrated Defence Staff at Sena Bhawan,
New Delhi with a request to depute a commanding officer in the
present matter to appear in person on the NDOH as there are
allegations against accused Paramjeet Kumar, a military official that
he has transmitted the classified and confidential documents
relating to Indian Army and the same is detrimental to the National
security and sovereignty of the country alleged to be provided to
accused Habibur Rehman who in turn would provide it to the
official of Pakistan High Commission.
This letter of request be sent through concerned IO
Inspector Lichman. Copy of today’s order be also attached along
with the letter of request.
Copy of today’s order be also given dasti to IO
Inspector Lichman.
Re-notify on 16.02.2024.
IOs are bound down for the said date.
Issue P/W against accused Habib Ur Rehman for
16.02.2024.
(Ekta Gauba Mann)
Special Judge (NDPS)
(Central) Tis Hazari Courts
Delhi/19.12.2023
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