NEW DELHI: The Delhi high court has dismissed a plea by a man challenging his arrest and prosecution in a case related to the March 2023 protests by Khalistani groups at the Indian high commission in London. The protesters had shouted anti-India and pro-Khalistani slogans, and pulled down the Indian flag, with some trying to tear it.
Inder Pal Singh Gaba of Hounslow in UK was arrested by National Investigation Agency (NIA) on April 25 this year while entering India through the Attari border in Punjab. Booked under the stringent UAPA and other laws, Gaba had contended in his plea he was not given a copy of the FIR, making his arrest unlawful.
HC found no infirmity in the trial court’s remand orders allowing NIA Gaba’s custody. “The contention of the counsel for the petitioner (Gaba) that non-furnishing of the FIR would be fatal cannot be accepted because, as rightly pointed out by the additional solicitor-general (ASG), CrPC and UAPA do not mandate a copy of the FIR to be supplied by the investigating officer to any other person other than the complainant,” said Justice Subramonium Prasad.
The HC said Gaba was arrested and produced before a magistrate the same day. A copy of the remand application was supplied to him, containing both the reasons and grounds of arrest.
“The safeguard enshrined under Article 22(1) of the Constitution has been followed and the impugned remand orders do not contain any infirmity,” the HC said.
The Indian flag was targeted in the protests on March 19. NIA said audio-video evidence showed Gaba’s presence and active involvement in the protests on March 22. He was seen raising anti-India slogans , associating with key protest organisers, and engaging in activities that undermined the sovereignty of India. A lookout circular was issued against Gaba on Dec 9 last year. Attari immigration officials had detained him and seized his passport, subsequently handing him over to NIA.
Inder Pal Singh Gaba of Hounslow in UK was arrested by National Investigation Agency (NIA) on April 25 this year while entering India through the Attari border in Punjab. Booked under the stringent UAPA and other laws, Gaba had contended in his plea he was not given a copy of the FIR, making his arrest unlawful.
HC found no infirmity in the trial court’s remand orders allowing NIA Gaba’s custody. “The contention of the counsel for the petitioner (Gaba) that non-furnishing of the FIR would be fatal cannot be accepted because, as rightly pointed out by the additional solicitor-general (ASG), CrPC and UAPA do not mandate a copy of the FIR to be supplied by the investigating officer to any other person other than the complainant,” said Justice Subramonium Prasad.
The HC said Gaba was arrested and produced before a magistrate the same day. A copy of the remand application was supplied to him, containing both the reasons and grounds of arrest.
“The safeguard enshrined under Article 22(1) of the Constitution has been followed and the impugned remand orders do not contain any infirmity,” the HC said.
The Indian flag was targeted in the protests on March 19. NIA said audio-video evidence showed Gaba’s presence and active involvement in the protests on March 22. He was seen raising anti-India slogans , associating with key protest organisers, and engaging in activities that undermined the sovereignty of India. A lookout circular was issued against Gaba on Dec 9 last year. Attari immigration officials had detained him and seized his passport, subsequently handing him over to NIA.
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