'State Choosing To Proceed In Leisurely Fashion': Punjab & Haryana High Court Grants Bail To Accused In UAPA Case

The Punjab and Haryana High Court recently granted bail to a person who had been in custody for two and a half years in a UAPA case."... there is an apparent violation of Article 21 of the Constitution of India and in view of the law laid down by a three Judge Bench of the Apex Court in 'Union of India Vs. K.A. Najeeb', AIR 2021 3 SC 712, specially keeping in view the leisurely fashion in which the State is choosing to proceed on the prosecution and it, thus, wholly responsible for grant of the benefit to the present appellant," said the court. The CaseThe court passed the order on the bail appeal move by accused Jasbir Singh against the dismissal of his third bail plea by the Special Court, Amritsar in the FIR registered under Sections 295, 295A, 120, 120-B, 121-A and 153-A of Indian Penal Code and Section 13 of the Unlawful Activities (Prevention) Act, 1967 in 2020.Initially, the CIA Staff had lodged the FIR against Jasbir and a co-accused Avtar Singh under Section 295 of the IPC on the basis of a secret information allegedly disclosing that they "were sitting in a room situated at a Cremation Ground under the bridge of the Canal Bhagtupura and holding out that head of people belonging to Hindu community should be chopped off and they will not be allow bells of temple to ring and people of Hindu faith would be expelled from Punjab".The challan was filed under Sections 120, 120-B, 121-A, 153-A IPC. Subsequently, 295-A IPC was added to the FIR.During investigation, the agency recovered a mobile phone of Jasbir. The Social Media Cell "found that" Avtar Singh had created a group by the name of Babbar Khalsa. It was also discovered that the two accused were in "touch with" one Baba Mann Singh from England, who was in touch with the banned terrorist organization 'Sikhs for Justice'. The police said the accused were active in the movement of Khalistan Referendum-2020.The police in the challan said since Babbar Khalsa has been declared illegal by the Government and members of the Khalistan Referendum-2020 also have been banned, supplementary challan will be presented. It further said sanction is to be obtained for prosecution of accused under the provisions of 295-A and 153-A IPC and Section 13 of the 1967 Act.The counsel representing the accused argued that he has been in custody since last two and a half years and no sanction has been taken under Section 196 Cr.P.C. for the offences punishable under Chapter VI or under Section 153A and under Section 295A IPC. The State told the court 17 prosecution witnesses have been cited and confirmed that charges has not been framed. It was also submitted that proposal for the grant of sanction had been sent to the office of the Director, Bureau of Investigation on 28.02.2021 for submission of the same in the office of the Principal Secretary, Department of Home Affairs & Justice. "The same was returned on 16.11.2021 after raising certain objections and a fresh one is to be sent again after removal of the objections," the counsel representing the State said, adding a fresh one is to be sent again after removal of objections.Bail OrderTaking note of the fact that sanction for prosecution was yet to be received, the division bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan on merits said that the list of groups recovered from Jasbir's phone are not falling with the banned terrorist organisations under UAPA. "As per the first Schedule of the UAPA, the list of groups recovered from the appellant's phone are not in the list of the terrorist organizations and, therefore, prima facie it cannot be said that the appellant was associating himself or professes to be associated with a terrorist organization with intention to further its activities and commit an offence relating to membership of a terrorist organization." The court added that keeping in view the cumulative facts and that a period of over two and a half years has gone by since the date of Jasbir's detention and on account of the fact that for want of sanction the Court is not liable to take cognizance, no useful purpose will be served to keep the appellant in custody. The court also noted there is no other case pending against the accused, except under Section 52-A of the Jail Act which was registered on 10.07.2021."It is, thus, apparent that prima facie the appellant does not have any criminal background and, therefore, is entitled for the bail during the pendency of the trial. Accordingly, the present appeal is allowed. He be released on bail on furnishing of bail bonds/surety bonds to the satisfaction of the Special Court, Amritsar," said the court. Case Title: Jasbir Singh v. State of Punjab Citation: CRA-D-679-2022 Coram: Justice G.S. Sandhawalia and Justice Harpreet Kaur JeewanCitation: 2022 LiveLaw (PH) 327 Click Here To Read/Download the Order

'State Choosing To Proceed In Leisurely Fashion': Punjab & Haryana High Court Grants Bail To Accused In UAPA Case

Rahul Garg

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