HC grants bail to accused in Moga ‘Khalistan Flag’ hoisting case after 5-year in custody

The court said that the appellant has been in custody for more than five years and the end of the trial is "not in sight."

The Punjab and Haryana high court has granted bail to an accused in a case where a ‘Khalistan flag’ was hoisted atop the deputy commissioner’s office in Moga on August 14, 2020.

“On August 14, 2020, two individuals hoisted a saffron-and-yellow ‘Khalistan’ flag at Moga DC office.”(iStock Photo)

“…in the present case, no worthwhile material to show meeting of minds/criminal conspiracy has been brought on record by the prosecution, at this stage,” the bench of justice Deepak Sibal and justice Lapita Banerji said while ordering the release of the petitioner on bail.

The plea was from one Jagwinder Singh alias Jagga, who, according to the prosecution, was one of the accused in the incident and had aided the actual perpetrators, including one of his cousins, Inderjit Singh, in the crime.

On August 14, 2020, at around 8 am, two individuals entered the administrative complex of the deputy commissioner’s office in Moga and hoisted a saffron and yellow flag with the word “Khalistan” written on it on a flag staff already fixed atop the building.

Upon returning to the ground floor, they went to the police station within the office complex and cut the rope of the Indian national flag.

Later, probe agencies had claimed that it was done at the behest of Gurpatwant Singh Pannun, who is a declared terrorist by Indian authorities and a member of a banned organisation called “Sikhs for Justice”. Besides other provisions, the authorities had invoked the provisions of the Unlawful Activities (Prevention) Act.

The court said that the appellant has been in custody for more than five years and the end of the trial is “not in sight”, considering only 20 out of 149 prosecution witnesses have been examined so far. It further said that the prosecution has also not been able to give any reasonable estimate of the time that may be required for completion of the trial.

“The Constitutional Court would like to prevent a situation where the lengthy and arduous process of trial becomes the punishment in itself,” it observed, adding that the court is left with no other option but to release him on bail.

It also took note of the probe report, which said that no incriminating material had been found against the appellant, “at this stage”. The allegation was that he had watched a video of Pannun and indoctrinated his cousin, Inderjit Singh, to support the formation of a separate state of “Khalistan” and aided/ abetted the hoisting of the flag in question.

However, only a call had been exchanged between him and his cousin, a day prior to the incident. “Nothing else has been brought on record to corroborate radicalisation and indoctrination of the youths by the appellant,” the court said.