The Punjab and Haryana High Court has granted bail to a man who was arrested five years ago under the Unlawful Activities (Prevention) Act (UAPA) for allegedly abetting the hoisting of a 'Khalistani' flag atop a government building in 2020 [Jagwinder Singh @ Jagga v National Investigation Agency]
The bench of Justice Deepak Sibal and Justice Lapita Banerji said that no incriminating material was found against the accused Jagwinder Singh. It also noted that he has been in custody for over 5 years with end of trial nowhere in sight.
"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 said.
It added that no evidence was brought on record to corroborate radicalization and indoctrination of youth by the accused-appellant. Further, it noted that no recovery was made from him other than his mobile phone.
"In the present case, no worthwhile material to show meeting of minds/criminal conspiracy has been brought on record by the prosecution, at this stage," the Court opined.
In August 2020, two people entered the administrative complex of the Deputy Commissioner's office in Moga. They allegedly went to the top floor and hoisted one saffron/yellowish flag, with 'Khalistan' written on it, on an iron pole already fixed there. It was also alleged that these accused had taken down the Indian national flag, on the ground floor, by cutting its rope.
A case under provisions of Indian Penal Code, UAPA and other special laws was initially registered by Punjab Police. The probe was later taken over by the National Investigation Agency (NIA).
The investigation allegedly revealed that the offence was committed at the behest of banned organization Sikhs for Justice (SFJ), which is led by Gurpatwant Singh Pannun.
Jagwinder, the appellant-accused, 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.
The trial court denied bail to Jagwinder in June 2024, leading to the filing of present appeal before High Court.
Jagwinder's counsel submitted that there was no incriminating material against him apart from disclosure statement of Inderjit Singh. It was also submitted that only 20 out of 149 witnesses had been examined in past five years. However, the NIA Special Public Prosecutor submitted that a video of Pannu was recovered from Jagwinder. It was also alleged that Jagwinder was involved in anti-national activities.
Considering the material on record, the Court prima facie found that there was no material against Jagwinder. It also took note of the long custody of the accused, observing that the same would entitle him to bail.
"After more than 05 years, only 20 out of 149 prosecution witnesses have been examined despite the charge-sheet being filed in September 2020. No explanation has been provided as to why despite of lodging of FIR more than 05 years back, the trial is proceeding at such place," it added.
The Court also recorded that NIA had failed to provided any reasonable estimate of time that may be required for completion of the trial.
"Therefore, the Court is left with no other option but to release the appellant on bail," it said while ordering the release of the accused.
Advocate Bhanu Pratap Singh represented the appellant-accused.
Special Public Prosecutor Sukhdeep Singh Sandhu appeared for the National Investigation Agency (NIA).
[Read Order]