The court dismissed the bail application of freelance journalist Rajeev Sharma, who has been arrested in an espionage case under the Official Secrets Act, 1923. The court denied the bail on the ground that sufficiently grave and incriminating material on record against him and the court found that the allegations against him were well founded.
It may be noted that the Delhi police special cell had arrested Sharma under the Official Secrets Act, 1923, alleging that he possessed classified defense-related documents. Delhi police officials had also stated that the journalist was arrested for passing sensitive information to Chinese intelligence.
It was submitted by the counsel of Rajeev Sharma that the documents in question are neither secret one classified. It was submitted that there is a well-established procedure to declare the documents as secret or classified. It was submitted that in violation of the said procedure, the documents in question cannot be claimed to be secret.
It was further submitted that merely because the applicant is an accredited journalist, he is not entitled to enter the Defence Ministry. It was submitted that there is a very strict and elaborate procedure to enter the Defence Ministry and nobody can enter the Ministry undergoing the strict procedure for entry.
It was furthermore submitted that arrest of the applicant in the instant matter is pre-mature and the police should have made a thorough probe and after contacting the defence ministry should have apprehended the applicant, in case, if the police comes in possession of some incriminating material against the applicant.
However, the court observed that considering the seriousness of allegations, the enormity of the charge, and the crucial juncture of the pending investigation, the court was of opinion that the applicant does not derive the indulgence of the court and his bail application is of merits. The application was dismissed and was disposed of accordingly.