Full Breakdown
Delhi High Court Refuses Bail for Man Accused of Transmitting Classified Military Documents to Pakistan
By Drooid · · How we work
Core Bail Decision
On September 25, 2026, Justice Sanjeev Narula of the Delhi High Court denied regular bail to Habib Ur Rahman, a wheelchair-bound defendant charged under the Official Secrets Act, 1923 and several sections of the Indian Penal Code. The court held that, despite Rahman’s serious medical ailments, the “prima facie assessment” of the record did not warrant release. The judgment emphasized that the gravity of the case stems from the nature of the alleged documents, their purported source, and intended destination, not merely from the statutory label.
Background of the Case
Rahman was arrested on July 14, 2021 after an FIR alleged that he possessed classified material on military training, the Armed Forces Special Operations Division, and intelligence matters. Army authorities verified the documents as genuine and sensitive. The prosecution also cited financial transactions, phone records, and the testimony of Rahman’s employee, who purportedly delivered the documents to an official of the Pakistan High Commission on Rahman’s instructions.
Court’s Reasoning and Medical Findings
The bench noted that charges had already been framed and that prosecution evidence had commenced, distinguishing the case from situations where trial delays might favor bail. While acknowledging Rahman’s prolonged custody—over three years—the court found no sufficient basis to outweigh the prima facie assessment.
A report from an AIIMS Medical Board submitted earlier in 2026 concluded that the required medical treatment could be administered while Rahman remained in custody. Consequently, the court ruled that the medical record alone did not justify release on regular bail. Justice Narula directed the Jail Superintendent to ensure that Rahman receives prescribed investigations, specialist consultations, physiotherapy, and other necessary care within the detention facility or at an appropriate government hospital.
Legal Context and Ongoing Proceedings
The case proceeds under the Official Secrets Act, which criminalizes the unauthorized possession and transmission of classified information. The High Court’s order also instructed the trial court to prioritize the recording of prosecution evidence expeditiously, underscoring the judiciary’s balancing of national-security concerns with the rights of an ailing accused.