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Pro-Khalistan protest: Accused arrested in attack on Indian mission in London gets bail

ByArnabjit Sur, New Delhi
Feb 05, 2025 07:14 AM IST

The Patiala House court observes that the NIA failed to establish any connection between Gaba and the acts of vandalism or logistical support related to the protest outside the Indian high commission.

A Delhi court has granted bail to Inderpal Singh Gaba, a UK national accused of involvement in the 2023 attack on the Indian high commission in London, after finding no substantial evidence linking him to the vandalism or secessionist activities during the incident.

The case stemmed from an incident on March 19, 2023, when a group of individuals gathered outside the Indian high commission in London, allegedly shouting pro-Khalistan slogans.
The case stemmed from an incident on March 19, 2023, when a group of individuals gathered outside the Indian high commission in London, allegedly shouting pro-Khalistan slogans.

In an order issued on January 29, special judge Vimal Kumar Yadav of the Patiala House court observed that the National Investigation Agency (NIA) failed to establish any connection between Gaba and the acts of vandalism or logistical support related to the protest outside the Indian high commission.

“The accused was neither present at the spot nor involved in arranging logistics or conspiring for the demonstration and subsequent vandalism of the Indian high commission,” the court noted in its January 29 order.

Additionally, the judge emphasised that Gaba’s case did not fall under the scope of Section 43D (5) of the Unlawful Activities (Prevention) Act (UAPA) — a provision that restricts bail if there are reasonable grounds to believe the allegations against the accused are prima facie true. The court held that there was nothing to even prima facie infer that Gaba was involved in any “anti-India” activity.

The case stemmed from an incident on March 19, 2023, when a group of individuals gathered outside the Indian high commission in London, allegedly shouting pro-Khalistan slogans. Some agitators reportedly assaulted security staff, climbed the building’s balcony and attempted to hoist a Khalistan flag.

A case under the UAPA and the Prevention of Insults to National Honours Act was initially registered by the Delhi Police special cell and later transferred to the NIA. Gaba was arrested in April 2023, after being detained by immigration authorities at the Attari border in December 2023 while travelling from London via Pakistan.

Opposing Gaba’s bail plea, the prosecution argued that photographs of him posing with an AK-47 rifle reflected his extremist tendencies. The NIA further claimed that Gaba was photographed with a black vehicle bearing the licence plate ‘KHALI5TAN’, suggesting his association with pro-Khalistan elements.

However, the court dismissed these arguments, stating that no such rifle was recovered from the accused, nor was it established whether the firearm in the photograph was real or a dummy or digitally altered image.

“In an era of deepfake technology and photoshop, certainty about such images cannot be presumed,” observed the judge, adding that merely posing with an object does not automatically implicate someone in a crime.

The court also noted that having a fancy number plate with ‘KHALI5TAN’ does not constitute a criminal offense and Gaba cannot be held criminally responsible based solely on this.

While the prosecution sought to link Gaba to the March 19 attack, the court noted that his role was only limited to attending another protest on March 22, three days later.

Highlighting that the trial was likely to be prolonged, the court remarked: “When there is no mechanism available with the human race to return time to anyone, then how far would it be appropriate to keep a person in custody under such allegations?”

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