Delhi High Court grants bail to journalist Rajeev Sharma accused of supplying sensitive documents to Chinese

The Delhi High Court on Friday granted bail to freelance journalist Rajeev Sharma in the Enforcement Directorate’s (ED) case against him in relation to supply of sensitive documents to Chinese intelligence [Rajeev Sharma v Directorate of Enforcement]..Sharma has been accused of supplying secret documents to the Chinese and was arrested by Delhi Police’s Special Cell in September 2019. In July last year, ED filed a case under Prevention of Money Laundering Act (PMLA) against him based on Delhi Police FIR..Justice Mukta Gupta pronounced the judgment releasing Sharma on bail holding that he is neither a flight risk nor has he tampered with any evidence and that he participated in investigation as and when required. "The petitioner is an Indian citizen, his wife is also an Indian citizen employed in JNU and thus, has roots in society. There is no allegation against the petitioner that after being released on default bail in FIR No. 230/2020 registered at Special Cell on 4th December 2020 till 1st July 2021, the petitioner either tampered with evidence or influenced any witness. The petitioner joined the investigation as and when directed prior to 1st July 2021 before arrest," the Court said in its order. .In December 2020, Delhi High Court had granted bail to Sharma, in Delhi Police’s case which booked him under Sections 3, 4 and 5 of the Official Secrets Act.According to the police, Sharma indulged in procurement of confidential/sensitive documents/material and information and its subsequent handover to Chinese Intelligence officers.Sharma is also alleged to have received illegal funds/remuneration through illegal means/shell companies operated by the Chinese nationals.The Delhi Police claimed that it has found several articles and some sensitive/confidential documents related to the Indian Defense department at the instance of Sharma.Sharma was arrested by the ED on July 1, 2021, on the ground that he had been receiving money through shell companies run by Chinese nationals at the instance of Chinese intelligence officers based in China..During his bail hearing, Additional Solicitor General SV Raju had told the Court that Sharma received money for providing confidential information of India to the Chinese Intelligence Agencies.It was also argued that the money was received in relation to a criminal activity relating to a scheduled offense and is thus proceeds of crime within the meaning of Section 2 (1)(u) of Prevention of Money Laundering Act, 2002, proved by witness’ statements.Raju had further said that his actions posed a threat to national security and that there was still an apprehension that he may flee to China if released on bail.Sharma’s lawyers, however said that there was no prima facie case of money laundering against him as mere allegations of cash deposits did not bring the case under the purview of money laundering..[Read Judgment]