Safiya Malik

The Orissa High Court refused bail to an individual allegedly linked to a deep-rooted conspiracy involving Pakistani intelligence officers connected to the Inter-Services Intelligence (ISI). The accused was found to have received monetary transfers under the direction of a Pakistani national associated with the ISI.

The accused, Mohammed Iqbal Hussain, has been in custody since September 20, 2023, in connection with a case registered under various provisions of the Indian Penal Code (IPC) and the Information Technology Act, 2000. The case involves allegations of sharing sensitive information, including OTPs and mobile numbers, with foreign nationals, including individuals linked to the ISI.

According to the First Information Report (FIR), the investigation began with the arrest of Pathani Samanta Lenka, who disclosed that he and others were engaged in illegal activities, such as sharing mobile numbers and activation codes to foreign nationals for financial gain. Lenka was a member of a Facebook group named "Free Recharge Box," which included members from Pakistan.

The investigation revealed that Lenka had shared numerous SIM cards and Paytm wallets, some of which were traced back to the accused. It was further alleged that a co-accused, under the direction of Pakistani national Abdul Hamid, transferred money to the petitioner’s Paytm account.

Counsel for the petitioner argued that there was no direct evidence linking the accused to the alleged conspiracy. It was submitted that the only material against the petitioner were two SIM cards registered in his name, allegedly used in financial transactions. Furthermore, the petitioner sought parity with co-accused persons who had been granted bail earlier.

The Additional Standing Counsel opposed the bail plea, arguing that there was prima facie evidence of a monetary transfer to the petitioner’s account at the direction of Abdul Hamid, a Pakistani intelligence officer. It was also highlighted that several other co-accused were denied bail due to the seriousness of the conspiracy.

Justice Sashikanta Mishra observed that the case pointed to a larger conspiracy involving Pakistani intelligence officers operating through a network within India. The Court stated:
"There is prima facie evidence of transfer of some money by co-accused to the account of the petitioner on the direction of Abdul Hamid, the Pakistani national."

The Court noted that the petitioner could not be equated with co-accused individuals who were granted bail, as the evidence against him indicated a direct link with the alleged conspiracy. It further remarked: "The investigation suggested a deep-rooted conspiracy involving Pakistani Intelligence Officers, who are said to be operating a network in this country. There could also be a larger conspiracy involved."

The Court noted the seriousness of the allegations and the petitioner’s alleged link to a foreign intelligence officer, concluding that bail could not be granted in such circumstances.

Dismissing the bail application, the Court directed the case to proceed as per legal provisions. It held: "In the considered view of this Court, the Petitioner cannot be treated at par with the co-accused persons who have been directed to be enlarged on bail. For the foregoing reasons, the prayer for bail is rejected."

Case Title: Mohammad Iqbal Hussain v. State of Odisha
Case Number: BLAPL No. 1902 of 2024
Bench: Justice Sashikanta Mishra

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