The Supreme Court noted that the authority to approve bail in cases under the UAPA (Unlawful Activities Prevention Act) is highly restricted, and that merely a delay in the trial does not justify granting bail in instances concerning grave offenses.
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NEW DELHI: The Supreme Court of India has refused to grant bail to a man implicated in the act of hanging banners promoting Khalistan, a separatist Sikh state, marking a significant stance against activities deemed to support terrorism and separatism within the country. The case, which has garnered attention due to its sensitive nature and implications on national security, involves the accused and several others who were reportedly caught hanging cloth banners bearing the slogans “Khalistan Jindabad” and “Khalistan Referendum 2020” on the pillars of the Kot Mit Singh Flyover in Amritsar.
In cases involving grave offences, a mere delay in the trial cannot be used as a ground to grant bail, a bench of Justices MM Sundresh and Aravind Kumar said.
“The material available on record indicates the involvement of the appellant in furtherance of terrorist activities backed by members of banned terrorist organization involving exchange of large quantum of money through different channels which needs to be deciphered and therefore in such a scenario if the appellant is released on bail there is every likelihood that he will influence the key witnesses of the case which might hamper the process of justice,”
–the Court added.
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The individual in question was charged under the stringent Unlawful Activities Prevention Act (UAPA), among other allegations, highlighting the severity with which the Indian judiciary is addressing acts that could potentially threaten the unity and integrity of the nation. The Punjab Police, upon investigation, uncovered a connection to the banned terrorist organization “Sikh for Justice,” leading to the case being transferred to the National Investigation Agency (NIA) in April 2020 for further examination.
The NIA’s findings revealed that the accused had allegedly received financial support through illicit means from “Sikhs for Justice,” with the funds being routed through hawala transactions to promote the Khalistani separatist ideology. Furthermore, the accused was purportedly involved in additional terror-related activities, including the procurement of weapons with the assistance of an ISI handler, underscoring the complex network and the serious threat posed by such activities to national security.
The legal journey of the accused saw him seeking bail from the Punjab and Haryana High Court in April 2023, following a denial from the trial court. However, the High Court upheld the trial court’s decision, leading the accused to escalate the matter to the Supreme Court in search of relief.
Despite the progression of the trial, with 22 witnesses already examined, the Supreme Court decided against granting bail to the accused. This decision reflects the judiciary’s firm stance on matters of terrorism and separatism, emphasizing the importance of maintaining public safety and national integrity over individual liberties in cases where the allegations have significant implications for the country’s security.
The Supreme Court’s ruling in this case not only highlights the challenges faced by the legal system in balancing individual rights with national security concerns but also serves as a reminder of the ongoing vigilance required to combat terrorism and separatist movements within India.
What is the story behind Khalistan?
Following the 1947 independence of India, the Punjabi Suba movement, led by the Akali Dal, sought the creation of a province (suba) for Punjabi people. The Akali Dal’s maximal position of demands was a sovereign state (i.e. Khalistan), while its minimal position was to have an autonomous state within India.
What does Khalistan want?
The Khalistan movement, which emerged in the 1970s and early 1980s, advocates for the creation of a separate Sikh homeland within India.
How is Pakistan helping the Khalistan?
Seeking revenge for India’s role in the 1971 war that led to the creation of Bangladesh, the Pakistani state came out in support of the Khalistan movement and was accused by India of providing a haven to its fighters – training them, providing them with weapons and supporting them financially.
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