LawChakra

“Speedy Trial is Constitutionally Required in Cases Involving Anti-National Activities”| Delhi HC Denies Bail to Jagtar Singh Johal in Murder & UAPA Cases

Today(18th Sept), The Delhi High Court denied the bail plea of UK resident Jagtar Singh Johal, accused of multiple murders and supporting the banned Khalistan Liberation Force. His case has gained significant attention due to its connection to terrorism and anti-national activities.

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Delhi HC Denies Bail to UK Resident Jagtar Singh Johal in Murder and UAPA Cases

NEW DELHI: Today(18th Sept), The Delhi High Court rejected the bail plea of Jagtar Singh Johal, a resident of the United Kingdom who stands accused of involvement in multiple murders, as well as providing financial support to the banned Khalistan Liberation Force. Johal’s arrest and subsequent legal proceedings have attracted significant attention due to the severity of the charges related to terrorism and anti-national activities.

Justice Prathiba M Singh, presiding over the case, delivered a detailed judgment outlining the court’s rationale for denying Johal’s bail. She emphasized that although the principle of a speedy trial is crucial under the Constitution, this alone does not warrant the granting of bail in cases involving serious allegations, especially those related to terrorism.

Justice Singh noted-

“Although a speedy trial is constitutionally mandated for cases involving anti-national activities, especially international terrorism, prolonged detention alone does not justify bail.”

This statement highlighted that prolonged detention alone is not sufficient grounds to release someone on bail when the charges pertain to activities that threaten national security.

Furthermore, the court pointed out that Johal could not be considered an “innocent bystander” in the case. The evidence presented showed that he was intricately linked to the other accused individuals, and the facts indicated his active involvement in the alleged crimes. The court remarked that Johal knew the conspirators and was well aware of the criminal activities being carried out.

Johal has been in custody since 2017, following his arrest by the Punjab Police. His charges span across multiple serious offenses under the Arms Act, the Unlawful Activities (Prevention) Act (UAPA), and several sections of the Indian Penal Code (IPC), including murder and attempted murder.

One of the most significant aspects of the case against Johal is his alleged involvement in the assassination of several key figures. The victims include Brigadier (Retd) Jagdish Gagneja, a senior member of the Rashtriya Swayamsevak Sangh (RSS), Ravinder Gosain, another prominent RSS leader, and Pastor Sultan Masih, a Christian religious leader.

The National Investigation Agency (NIA) has alleged that these murders were part of a broader conspiracy to incite violence and unrest in India, with Johal playing a pivotal role. In addition to the murders, Johal has also been accused of providing financial support to the Khalistan Liberation Force, a proscribed terrorist organization with the goal of establishing a separate Khalistan state.

Johal was represented by Advocate Paramjeet Singh, who argued that his client had been wrongfully implicated in the case. Singh emphasized the need for a fair and speedy trial and pointed out that Johal had been in custody for an extended period without any conviction. However, the court maintained its stance, refusing to grant relief in light of the serious nature of the allegations.

On behalf of the prosecution, Special Public Prosecutor (SPP) Shilpa Singh, Public Prosecutor Zeena Malick, and Advocate Nishchay Johri appeared for the National Investigation Agency (NIA). They argued that Johal’s involvement in the case was well-documented and that releasing him on bail could jeopardize ongoing investigations and national security.

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