Delhi Court grants bail to London resident arrested by NIA in Indian High Commission attack case

New Delhi: The Patiala House Court of Delhi has granted bail to Inderpal Singh Gaba, London resident, arrested by Natinal Investigation Agency (NIA) in a case of 2023 attack at the Indian High Commission in London.
While granted bail the court stated that his role, seems to be confined to the incident dated 22.03.2023. And, when the entire set of allegations are juxtaposed to the fact that the applicant/accused was not part of the initial demonstration, which took place on 19.03.2023 which was, according to the NIA, followed with the subsequent demonstration on 22.03.2023.
However, the NIA is unable to establish any link of the applicant with the incident of 19.03.2023. He was neither present at the spot nor was associated with arranging anything for the demonstration and for that matter, nothing could be shown that he was part of the conspiracy to organize the demonstration on 19.03.2023 or for that matter on 22.03.2023, said Principal District and Sessions Judge Vimal Kumar Yadav in an order passed on January 29, 2025.
Court in order further stated that this leaves the prosecution with the incident of 22.03.2023 only so far as the applicant/accused is concerned. The allegations even if taken as true, still the case of the applicant does not fall into the scope and ambit of Section 43 (D) (5) of UA (P) Act. As such, the applicant/accused comes out of that stringent confines, which clearly prohibits bail to the persons who are involved and against whom prima facie case is found U/s. IV/VI of UA (P) Act.
However, the court also stated that Insult to the National Honour seems to be a serious allegation against him, nevertheless, no involvement in any act of violent nature has been alleged against the applicant/accused.
All these factors when taken into consideration and the period of custody coupled with the age and the expected time to be taken in trial, then it appears that the trial, which has not commenced so far, would likely to take a very long time. In such circumstances, when there is no mechanism available with the human race to return time to anyone then how far it would be appropriate to keep a person under custody under such allegations, as have been referred above.
Court also took into account the entire gamut of facts and circumstances together with the fact that he is in custody for the last about nine months and the trial has yet to commence, which is likely to take time, thus, there appears no reason.
The Principal District and Sessions Judge Vimal Kumar Yadav while granted bail to Gaba noted that applicant having no involvement in the 19.03.2023 incident, as he was not present at the scene, nor did he play any role in organizing or supporting the protest. There is no mention of him in relation to the vandalism. Similarly, in the 22.03.2023 incident at HCI, London, the applicant allegedly participated with other Khalistani supporters, as per the FIR.
During submissions The NIA submitted that the applicant is a foreign national and a flight risk appears valid. The NIA has asserted that the applicant might flee the country and avoid facing trial. However, appropriate restrictions can be imposed to prevent any possibility of him evading justice. Regarding the witnesses, most are official witnesses, and it seems unlikely that the applicant would be in a position to influence them in any way.
Advocate Arun Khatri, representing Gaba, argued that there is no criminal history or involvement of the applicant as alleged by the NIA. He emphasized that, according to the NIA, the actual incident took place on 19.03.2023, during which an anti-India demonstration occurred, but Gaba was neither part of the protest nor present at the scene.
The only allegation against him pertains to his involvement in the protest on 22.03.2023. Khatri further stated that the only evidence against Gaba is a video showing him allegedly vandalizing property at the Indian High Commission during the protest. However, he argued that this footage does not provide sufficient grounds to infer Gaba's involvement in the vandalism, anti-India activity, or any unlawful conduct that would invoke the provisions of the Unlawful Activities (Prevention) Act.
On September 5, 2024, the National Investigation Agency (NIA) filed a chargesheet against Inderpal Singh Gaba, a UK national from Hounslow, originally from New Delhi, India. Gaba has been charged as one of the key agitators involved in the anti-India protest on 22 March of the previous year in front of the Indian High Commission in London, which was part of the Khalistani secessionist movement.
He was arrested April 25, 2024. He was earlier detained in December 2023, by the Immigration Authorities at the Attari border on arrival from London via Pakistan, based on the Look Out Circular opened against him. Investigations were then initiated against Inderpal and he was asked not to leave the country while the probe continued, the agency said.
During the investigation, the NIA seized his mobile phone and scrutinized the data, including several incriminating videos/photos of the incident, and eventually established his involvement in the incident, the agency said.
NIA said that investigations so far have revealed that the attacks in London were conspired and perpetrated in retaliation to the action taken by Punjab police against Amritpal Singh, Chief of Waris Punjab De, with the objective of influencing the crackdown on the outfit and its leader. The violent attack on the High Commission was aimed at furthering and achieving the cause of Khalistan by secession of the state of Punjab from India, NIA alleged.