Hisar court denies bail to YouTuber Jyoti Malhotra arrested on charges of ‘spying for Pakistan’

The counsel also pointed out that Jyoti had gone to the Pakistani High Commission in 2023 and at the time, the Bharatiya Nyaya Sanhita (BNS) Act was not implemented but the Indian Penal Code (IPC) was in force. He argued that the FIR registered mentions section 152 of the BNS, which was section 124 A (sedition) under the IPC that the Supreme Court had kept it in abeyance, which is why the prosecution cannot make a case of “waging war against the state” against Jyoti.

The FIR also mentions section 3 (spying) and 5 (communicating secret information to unauthorised individuals) of the Official Secrets Act. Relying on a press release issued by the Hisar police which mentioned that they did not recover any military or policy-related or any sensitive information from her possession, her counsel demanded that the sections have no merit in the FIR and need to be dropped.

The Hisar police had previously stated that no evidence had emerged indicating that Jyoti had access to any military or defence-related information, but claimed that she was in contact with some people aware that they were Pakistani intelligence operatives.

The counsel said that one Harkirat Singh, a member of the Haryana Gurdwara Prabandhak Committee, was also initially questioned along with Jyoti. Later, he was let off, but Jyoti was kept in custody.

Also read, Jyoti Malhotra: From Travel Vlogger to Espionage Accused – A Deep Dive into the Explosive Charges

Her counsel contended that the FIR was registered against Jyoti based on her questioning on May 15. The entire FIR was based on Jyoti’s version, which is not legally permissible. Her counsel added that the police could not place any substantial evidence on record that indicates her involvement in spying. However, the court rejected the defence counsel’s pleas and denied bail to the accused.

Jyoti was arrested from Hisar on spying charges on May 17. She stayed in police custody for nine days, after which she was sent to judicial custody on May 26. On June 9, she appeared before the court via video conference and her judicial custody was extended.

Born in 1992, Jyoti, 33, was raised by her father Harish Malhotra and grandparents. She initially worked at a private firm in Gurgaon after which she became a travel blogger. After the Pahalgam terror attack, which resulted in the death of 26 Indian tourists, investigating agencies found that she was in constant touch with Ehsan-ur-Rahim alias Danish, a staffer at the Pakistani High Commission since November 2023.