UAPA | Punjab & Haryana High Court Grants Bail To Man Accused Of 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.

Justice Deepak Sibal ans Justice Lapita Banerji said, “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/criminal conspiracy has been brought on record by the prosecution, at this stage.

In 2020, two accused allegedly entered the administrative complex of the Deputy Commissioner's office in Moga and 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 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 Indian Penal Code (IPC), Sections 10,13 of The Unlawful Activities (Prevention) Act, 1967 (UAPA) and Section 2 of Prevention of Insults to National Honours Act, 1971.

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.

The appellant-Jagwinder, 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 submits that although it has been alleged that the appellant was involved in unlawful activities under UAPA but there was no recovery from the appellant apart from a mobile phone and no incriminating material was produced against him which could connect the appellant to any offence, more so, to any offence under UAPA.

Apart from the disclosure statement of Inderjit Singh who is a co- accused in the present case, there is no evidence 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."

Apart from one phone call on the day previous to the commission of offence i.e August 13, 2020, nothing else has been brought on record to link the appellant with the co-accused. Nothing else has been brought on record to corroborate radicalization and indoctrination of the youths by the appellant, it added.

The Court highlighted that, "No recovery has been made from the appellant, apart from his mobile phone. The appellant has undergone an actual sentence of 05 years and 29 days and the end of the trial is nowhere in sight."

Observing that the NIA had failed to provided any reasonable estimate of time that may be required for completion of the trial, the Court said it is "left with no other option but to release the appellant on bail," it said while ordering the release of the accused."

Mr. Bhanu Pratap Singh, Advocate, for the appellant.

Mr. Sukhdeep Singh Sandhu, Special Public Prosecutor For the respondent.

Title: Jagwinder Singh @ Jagga v. National Investigating Agency

Citation: 2025 LiveLaw (PH) 426

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