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 in the case 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 Pannun 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 the 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 the offence… nothing else has been brought on record,” the Bench said.
The court further held that no evidence was presented to corroborate the alleged radicalisation and indoctrination of youth by the accused-appellant. It also 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 or criminal conspiracy has been brought on record by the prosecution, at this stage,” the judges observed.
According to the case details, in August 2020, two people had 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 further 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, which led to the filing of an appeal before the high court.
A case under the provisions of the Indian Penal Code, UAPA, and other special laws was initially registered by the Punjab Police.
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