Espionage Case: Delhi High Court Seeks ED's Response On Freelance Journalist Rajeev Sharma's Bail Plea

The Delhi High Court has sought response of the Enforcement Directorate on the regular bail plea filed by freelance journalist Rajeev Sharma in connection with a case alleging that he supplied confidential information to Chinese Officials, in exchange of remuneration.

Justice Mukta Gupta issued notice on the bail application and granted two weeks time to the ED for submitting status report in the matter.

During the course of hearing on Friday, Senior Advocate Mohit Mathur appearing for Sharma submitted before the Court that the bail application pertains to a case of PMLA wherein the Sharma, being a journalist associated with an organization namely South Asia Monitor relating to news reporting business, was arrested in an Official Secret Act case. He also informed the Court that he was granted default bail in that case.

Mathur also submitted that Sharma had joined the investigation after an ECIR was registered against him. 

"All my financial transactions and bank account details have been given to them," Mathur submitted.

On this, the Court asked as to the figure of amount alleged against Sharma by the ED. 

To this, Zoheb Hossain appearing for the Enforcement Directorate submitted that as per the investigation done so far, the amount pertains to Rs. 48 lacs in total. However he clarified that since the investigation is still ongoing, the figure is subject to modification after the entire money trial and further proceeds of crime are investigated.

On this, Justice Gupta said:

"That is okay but you tell me, how do you connect him to the benami accounts. Please tell your officers to justify how do you connect him."

"It may be a serious offence but there has to be some evidence to connect him in the matter," she added.

Towards the end of hearing, Mathur added that since Official Secret Act is not a scheduled offence under the Prevention of Money Laundering Act, the ED had roped Sharma by adding the offence of criminal conspiracy under sec. 120B of IPC.

"Issue notice. Status report to be filed within two weeks," the Court said while posting the matter for further hearing on September 9.

However, the Court clarified that Sharma will be entitled to default bail and that the present application of bail will not be of any hinderance to him.

ED had initiated investigation on the basis of an FIR filed against Rajeev Sharma under the provisions of IPC, Official Secrets Act.

It was the case of ED that Sharma had supplied confidential information to Chinese Officials in return of some remuneration thereby comprising the security and national interest of the Country.

It was however submitted Sharma's case that the ED is mischievously carrying out the instant parallel proceedings pursuant to the investigation carried out by the Special Cell in order to harass him. It was also submitted that he can explain each and every minute detail of the payments received by him and that he was absolutely innocent.

Title: Rajeev Sharma v. Enforcement Directorate