Five years after he was jailed under the Unlawful Activities (Prevention) Act for allegedly aiding the hoisting of a “Khalistan” flag atop a government building, the Punjab and Haryana High Court has ordered the release of Jagwinder Singh, finding no substantial evidence to keep him locked up any longer.
A Division Bench of Justice Deepak Sibal and Justice Lapita Banerji observed that Singh’s continued incarceration could not be justified when the trial was crawling at a snail’s pace — with only 20 of 149 witnesses examined since 2020. “The end of the trial is nowhere in sight,” the judges noted, adding that the accused had already spent over five years in custody without convincing proof linking him to any conspiracy.
The prosecution had alleged that Singh watched videos by Gurpatwant Singh Pannun of Sikhs for Justice (SFJ), and persuaded his cousin Inderjit Singh — one of the main accused — to support the Khalistan movement and raise the flag at the Moga Deputy Commissioner’s office in August 2020. But the Court found this theory to rest on shaky ground.
“Except for a single phone call a day before the incident, nothing has been brought on record to tie him to the act,” the judges remarked. No materials, propaganda, or weaponry were recovered from him beyond a mobile phone.
The Court noted the absence of any concrete proof of radicalisation or conspiracy, declaring that “no worthwhile material to show meeting of minds” had been established.
The case dates back to August 14, 2020, when two individuals allegedly scaled the Moga district administrative building, cut down the national flag, and hoisted a saffron flag bearing the word “Khalistan.” The incident prompted an FIR under the IPC, UAPA, and other special laws, later handed to the National Investigation Agency.
The NIA claimed the act was inspired by the banned SFJ outfit, led by Pannun, and accused Jagwinder of spreading its ideology on social media. However, the High Court found that the evidence failed to support such claims, emphasizing the prolonged delay in prosecution as a violation of the accused’s rights.
“After more than five years, only 20 witnesses have been examined. No explanation has been offered for the delay,” the Bench said, directing Singh’s immediate release on bail.
With the prosecution unable to forecast when the trial might conclude, the Court stated plainly: “The Court is left with no other option but to release the appellant.”
