Punjab & Haryana High Court grants bail to UAPA accused
Chandigarh, Nov 6
The Punjab and Haryana High Court has granted bail to a man accused under the Unlawful Activities (Prevention) Act (UAPA) after he spent more than five years in custody.
The probe was conducted by the National Investigation Agency (NIA).
The high court observed that no incriminating material was found against the accused Jagwinder Singh. It also noted that he has been in custody for over five years, with the end of the trial nowhere in sight.
"The allegation against the appellant was that he had watched a video of Gurpatwant Singh Pannu and indoctrinated his cousin Inderjit Singh (the main accused) to support the formation of a separate State of Khalistan and aided/abetted hoisting of the Khalistan flag on the top floor of DC's office," a bench of Justice Deepak Sibal and Justice Lapita Banerji observed.
"Apart from one phone call on the day previous to the commission of offence… nothing else has been brought on record," it said.
The bench said that no evidence was brought on record to corroborate the radicalisation 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 judges said.
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 a saffron/yellowish flag, with Khalistan written on it, on an iron pole already fixed there. It was alleged that the accused had taken down the Indian national flag, on the ground floor, by cutting its rope.
The trial court had denied bail to Jagwinder Singh in June 2024, leading to the filing of an appeal before the high court. A case under the provisions of the Indian Penal Code, the UAPA, and other special laws was initially registered by the Punjab Police.
— IANS
Reader Comments
While I understand the need for strong laws against terrorism, keeping someone in custody for 5 years with no concrete evidence is concerning. The justice system worked here, but the process took too long.
As someone who has lived in Punjab, I know how sensitive these matters are. But justice must be based on evidence, not just suspicion. The court's decision seems balanced and fair.
This case highlights the importance of proper investigation procedures. The NIA needs to ensure they have solid evidence before arresting people under such serious charges. 5 years of someone's life wasted!
Bail doesn't mean he's innocent. The courts have to follow due process. Let's trust our judicial system to deliver final justice in this case. Jai Hind! ðŸ™
Watching a video and one phone call as evidence? Really? This is why people lose faith in our investigation agencies. They need to do better homework before ruining lives.
We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.