Delhi High Court rejects bail to British citizen Jagtar Singh Johal in UAPA Cases
- In Reports
- 07:24 PM, Sep 19, 2024
- Myind Staff
Delhi High Court rejects bail for British citizen Jagtar Singh Johal in seven murder and UAPA cases investigated by the National Investigation Agency. The division bench of Justices Prathiba M. Singh and Justice Amit Sharma rejected the bail appeal by Johal in the UAPA cases, alleging a series of targeted killings in Punjab’s Ludhiana and Jalandhar districts during 2016 and 2017.
Johal and the other accused were involved in incidents that were specifically meant to create a law and order situation in Punjab, according to the NIA's case. The accusation also stated that Johal, a member of the Khalistan Liberation Force (KLF), was responsible for the plot that included the accused individuals.
The bench denied Johal bail, noting that there were reasonable grounds to suspect the accusations against him were true in the first place. The court stated, “Considering the nature of the provision i.e., Section 43D (5) of Act, the evidence, as also the witness statements which have been placed on record the Court is of the opinion, that, there is a high possibility of the Appellant, upon being released, extending threats to witnesses. The possibility of the Appellant again participating in activities of the KLF cannot be ruled out.”
The statement further noted that Johal was not innocent but had apparent links with the KLF, considering the charges filed against him under the IPC and UAPA by the trial court. The bench mentioned while a speedy trial is a Constitutional requirement, in cases involving anti-national activities and terrorism on an international level, long imprisonment alone should not automatically lead to granting bail if the evidence suggests involvement in such activities.
“In the case of persons associated with terrorist or unlawful organizations having their activities spanning across countries, the consideration for the grant of bail in such serious offences ought to be strictly dealt with, as prescribed in the statute(UAPA), on the benchmarks contained in Section 43D(5) of the Act,” it said. The court further stated that participation in terrorist activities and affiliation with outlawed groups having global networks need to be regarded as distinct and more serious categories of offences.
“All offences covered under the UAPA cannot be treated with the same brush. Even for the purpose of grant of bail, such offences are not to be examined on the basis of mere facts of one particular FIR but on a larger canvas in the overall scheme of the multiple FIRs, if existing, against a particular accused,” the court said.
It further added, “The damage in terms of loss of life as also the intent behind such attacks i.e., to destabilise the law and order situation as well as to strike terror in the minds of people in or outside India, has to be considered for the purposes of granting bail.”
Image source: Defence News
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