Punjab and Haryana High Court Grants Bail to Man Jailed for Nearly Five Years Under UAPA for Allegedly Hoisting Khalistani Flag

The Punjab and Haryana High Court has granted bail to a man who had been in custody for nearly five years under the Unlawful Activities (Prevention) Act (UAPA) for allegedly hoisting a Khalistani flag.

A Division Bench of Justice Deepak Sibal and Justice Lapita Banerji observed: “The allegation against the appellant was that he had watched video of Gurpatwant Singh Pannu and indoctrinated his cousin Inderjit Singh [main accused] to support the formation of separate State of 'KHALISTAN' and aided/abetted hoisting of 'KHALISTAN' flag on the top floor of D.C's office. Apart from one phone call on the day previous to the commission of offence... nothing else has been brought on record to link the appellant with A-1 (Inderjit Singh)."

The Court found that in the present case, no worthwhile material to show meeting of minds or criminal conspiracy has been brought on record by the prosecution at this stage.

Background of the Case

In 2020, two accused had allegedly entered the administrative complex of the Deputy Commissioner's office in Moga and went to the top floor where they hoisted a saffron/yellowish flag with "Khalistan" written on it on an iron pole already fixed there.

It was also alleged that they had taken down the Indian national flag on the ground floor by cutting its rope.

An FIR was lodged under Section 120-B read with Sections 109, 124-A, 153-B, 201, 204, 212 of the Indian Penal Code (IPC), Sections 10 and 13 of the Unlawful Activities (Prevention) Act, 1967 (UAPA), and Section 2 of the Prevention of Insults to National Honours Act, 1971.

The investigation allegedly revealed that the offence was committed at the behest of the banned organization Sikhs for Justice (SFJ), led by Gurpatwant Singh Pannun.

Allegations Against the Appellant

The appellant, Jagwinder Singh @ Jagga, was arrested for allegedly supporting SFJ on social media and radicalizing youth, including his cousin Inderjit Singh, who allegedly was one of the men who hoisted the Khalistan flag on the government building in Moga.

Counsel for the appellant submitted that although it had been alleged that the appellant was involved in unlawful activities under UAPA, there was no recovery from the appellant apart from a mobile phone, and no incriminating material was produced against him which could connect him to any offence, much less to any offence under UAPA.

Prosecution’s Evidence and Court’s Findings

Apart from the disclosure statement of Inderjit Singh, a co-accused in the present case, no evidence had been collected by the prosecution to connect the appellant to the commission of any crime, the plea added.

Perusing the status report, the Court found that, “no incriminatory material was found against the appellant, at this stage. The allegation against the appellant was that he had watched video of Gurpatwant Singh Pannu and indoctrinated his cousin Inderjit Singh (A-1) to support the formation of separate State of ‘KHALISTAN’ and aided/abetted hoisting of ‘KHALISTANI’ flag on the top floor of D.C's office.”

The Bench noted that apart from one phone call on the day previous to the commission of offence, i.e. August 13, 2020, nothing else had been brought on record to link the appellant with the co-accused or to corroborate the alleged radicalization and indoctrination of youth by the appellant.

Court’s Observations on Bail

The Court highlighted that no recovery had been made from the appellant apart from his mobile phone, and that the appellant had already undergone an actual sentence of five years and 29 days, while the end of the trial was nowhere in sight.

Observing that the NIA had failed to provide any reasonable estimate of time required for completion of the trial, the Court said it was “left with no other option but to release the appellant on bail.” Accordingly, the High Court ordered the release of the accused on bail.

Case Title: Jagwinder Singh @ Jagga v. National Investigating Agency