Lucknow. The special court of NIA / ATS has rejected the application of former detained army jawan Saurabh Sharma in the matter of providing information about the security of the country to the ISI. In this application, Saurabh had demanded to get his case tried by the Indian Army through court martial. Special Judge Mr. Ghazali has passed his detailed order, referring to this application of accused Saurabh Sharma and the objection lodged by the NIA on his application. It is said that this alleged crime of Saurabh Sharma was continuing even after his retirement/expulsion.
Therefore, prima facie the jurisdiction to try this case has been with this special court. There does not appear to be any justification for the Indian Army to try the case through Court Martial after his retirement/expulsion. Therefore, his application is rejected and the objection of NIA is also disposed of. On December 22, 2021, this application was filed on behalf of Saurabh Sharma. Saurabh argued that according to the provisions of the Army Act, the offense committed while in the army would be tried by the Indian Army through a court martial. Therefore, his case should be handed over to the Indian Army.
On behalf of the NIA, Special Public Prosecutor MK Singh objected to this. Said that the alleged crime of accused Saurabh Sharma continued even after his retirement/expulsion. He had joined the army in the year 2013. This case was established by arresting him after retirement/expulsion in June, 2020. He is no longer in the service of the Indian Army. Therefore, it would be justified to try this case by this court.
On July 6, 2021, the NIA had also filed a charge sheet against Saurabh Sharma and another accused Anas Yakub Gitai in this case. Saurabh Sharma was posted as a signal man in the Indian Army. It is accused of spying for Pakistani intelligence agency ISI. It used to send information about the location and strength of the army to Neha Sharma, an ISI handler with a pseudonym. In return, Anas used to provide money to Yakub Gitali Saurabh.
Saurabh had also received money from Imran Gitaily, brother of Anas Gitai. On January 8, 2021, the initial FIR of this case was registered in ATS Police Station, Gomtinagar. On January 11, 2021, Anas Yakub Gitali was arrested from Gujarat while Saurabh Sharma was arrested from Meerut and sent to jail in judicial custody. Later the investigation of this case was handed over to the NIA.
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