The crime branch of the Delhi Police filed a charge sheet accusing five persons, including a head constable from the Border Security Force (BSF), of selling sensitive information to Pakistan on February 26. In its charge sheet the Delhi police stated that information that could prove beneficial to the enemy forces was recovered from those accused.

The Chief Metropolitan Magistrate (CMM) at a trial court here will take the cognizance of the charge sheet on Friday. According to the charge sheet, a document that included "organisational structure of various formation" that could be helpful to the enemy was recovered from the accused.

"We have accused all five persons arrested in this ring. However, investigation is still on going. Should new information come to light, then any new charges will be added in the supplementary charge sheet," said KPS Malhotra, ACP (Interstate cell), Crime Branch. All five accused have been charged under section 3 and 9 of the Official Secrets Act, 1923. Section 173 of the Cr PC has also been applied though this charge is up for consideration.

In the charge sheet, the Delhi police stated that Faisal, a Pakistan based Intelligence (ISI) operative influenced Kafaitullah Khan, a handler of Indian origin to sell him sensitive information about the movement and organisational structure of the Indian forces. The police also said that "at the instance of Faisal, a Pak-based intelligence operative," Khan procured the secret and important information regarding the deployment of the Indian Army and other information regarding important operations" were supplied to Faisal.

The crime branch included transcripts of the interrogation, transcripts of the confession of the key accused – Khan and Abdul Rashid, messages from Whatsapp and Viber, along with details of phone records to support its charges. The 420-paged charge sheet also includes conversations of the accused, CDs recovered from the Khan's house, and bank statements. While some documents were recovered on person, the Military Intelligence (MI) supplied additional and supporting evidence crucial to the case.

According to the investigation, 47-year-old Khan, a Rajouri (Jammu & Kashmir) based teacher was an ISI operative for Pakistan. The charge sheet also outlines the role of Khan's nephew Abdul Rashid, a head constable of the Border Security Force (BSF), who was posted in the intelligence wing of the force in the same district. The charge sheet said that Rashid was responsible for smuggling key "documents that are directly and indirectly useful to enemy country and is likely to affect sovereignty, integrity and security of nation. It can be used by the enemy to counter moves of Indian forces."

Based on an assessment by the MI that was relied upon by the officials in the crime branch, "the documents passed maybe useful to the enemy country to counter moves of the Indian forces." According to the investigation, accused persons used Whatsapp, Viber and other technology to pass on the information.

The delhi police busted this espionage ring in November and December of 2015 where five accused persons were arrested from Jammu & Kashmir and West Bengal. The five accused in FIR 166/15 are Kaifatullah Khan, Abdul Rasheed, Marawar Ahmed, Mohammed Sabeer Mir and Farid Ahmed alias Surgeon.

While Khan and Ahmed are teachers, Rashid is a head constable of the BSF and Mir is a retired havaldar from the Indian Army.