Delhi High Court Denies Bail To British National Jagtar Singh Johal In Murder, UAPA Cases

The Delhi High Court has denied bail to British national Jagtar Singh Johal in seven murder and UAPA cases being probed by the National Investigation Agency (NIA).

A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma dismissed the bail appeals filed by Johal in the UAPA cases alleging series of targeted killings during 2016-2017 in Ludhiana and Jalandhar Districts of Punjab.

It was NIA's case that the incidents in which Johal and other accused were involved were specifically for creating a law and order situation in Punjab. It further alleged that the accused persons were part of a conspiracy hatched by the Khalistan Liberation Force (KLF) of which Johal is also a member.

Denying bail to Johal, the bench observed there were grounds to believe that the allegations against him were prima facie true.

“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 court said.

It added that Johal was not an innocent person but was prima facie associated with KLF, while taking note of charges framed against him by the trial court under IPC and UAPA.

The bench further said that while speedy trial is necessary as a Constitutional prescription, in cases involving anti-national activities and that too terrorism at an international scale, long incarceration in itself ought not to lead to enlargement on bail when facts show involvement in such activities.

“In the case of persons associated with terrorist or unlawful organizations having their activities spanning across countries, the consideration for 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 added that acts of terrorism and association with banned organisations which have international networks have to be considered as a distinct and more serious category 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 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.”

Title: JAGTAR SINGH JOHAL @ JAGGI v. NIA and other connected matters

Citation: 2024 LiveLaw (Del) 1034

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