UK Indian High Commission attack: Delhi court grants bail to British national, says ‘nothing could be shown he was part of conspiracy’

“However, the NIA is incapable to found immoderate nexus of the applicant (Gaba) with the incidental of 19.03.2023. He was neither contiguous astatine the spot nor was associated with arranging thing for the objection and for that matter, thing could beryllium shown that helium was portion of the conspiracy to signifier the objection connected 19.03.2023 oregon for that substance connected 22.03.2023,” said Principal District and Sessions Judge Vimal Kumar Yadav of Patiala House Court successful his bid dated January 29.

Gaba was arrested by NIA successful April past twelvemonth for his alleged engagement with the unit by alleged Khalistani supporters astatine the Indian High Commission successful London during a protestation connected March 22, 2023. The bureau filed a chargesheet against Gaba connected September 5, 2024, nether Indian Penal Code sections 109 (abetment), 147(rioting), 148 (rioting with a deadly weapon), 149 (being portion of an unlawful assembly), 120B (criminal conspiracy), and sections of the UAPA among others.

As per NIA, Gaba, a Sikh of Afghan origin, went to London successful 1995, and started a market store there. He ran 3 stores called Strawberry Local Group successful Greater London, the bureau claimed.

NIA said the attacks connected March 19 and March 22, 2023, by alleged Khalistani supporters were recovered to beryllium successful retaliation to the enactment taken by Punjab Police against pro-Khalistani separatist Amritpal Singh connected March 18, 2023.

To thrust location this point, the Central bureau relied connected audio clips allegedly shared connected March 19, 2023, connected a WhatsApp Group called Waris Punjab De UK. In these alleged audio clips, a idiosyncratic could beryllium heard requesting the members of the radical to “come astatine Park Avenue Gurudwara arsenic the protestation which is already scheduled, is connected Wednesday (22.03.2023) which is acold away”. The bureau besides relied connected statements of eyewitnesses who allegedly said immoderate communal faces were contiguous during some protests. CCTV footage, arsenic per NIA, pointed to the aforesaid — that the 2 incidents were portion of a larger conspiracy.

“The quality of allegations against the applicant, if taken connected its look value, past besides the benignant of offences, which are nether the scope and ambit of the UAPA, could not beryllium recovered truthful arsenic to bring successful the purview of Section 43 (D)(5) of UAPA,” the tribunal noted successful its order.

Section 43(D)(5) of the Unlawful Activities Prevention Act makes it virtually intolerable to get bail.

Advocate Arun Khatri, who represented Gaba successful Court, argued the lone allegation against his lawsuit was that helium was portion of the protestation connected March 22, 2023, and that determination was thing against him but video footage successful which helium is allegedly seen vandalising the spot of Indian High Commission during the protest. None of these allegations, helium argued, could pull provisions of the UAPA.

Noting that Gaba wasn’t an Indian, Judge Kumar noted that, “his attachment towards India indispensable not beryllium that beardown and sincere if astatine each it is there.” However, Judge Kumar cautioned that “this doesn’t licence him to bash things which are anti-Indian”.

“…no engagement successful immoderate enactment of convulsive quality has been alleged against the applicant/accused. All these factors erstwhile taken into information and the play of custody coupled with the property and the expected clip to beryllium taken successful trial, past it appears that the trial, which has not commenced truthful far, would apt to instrumentality a precise agelong time,” the Judge said. “In specified circumstances, erstwhile determination is nary mechanics disposable with the quality contention to instrumentality clip to anyone past however acold it would beryllium due to support a idiosyncratic nether custody…,” helium added.

NIA besides alleged it had recovered an alleged photograph of Gaba with an AK 47 battle firearm successful his photograph gallery. “…albeit nary specified firearm has been recovered, nor for that matter, it tin beryllium said conclusively, that it was an AK 47 firearm oregon a dummy. In this epoch of deepfake Photoshop, etc., determination can’t beryllium immoderate certainty that what has been shown is correct. More so, it is not precise uncommon that radical airs for photographs with each kinds of stuff,” the Judge said.

The bureau besides said that a achromatic car allegedly owned by Gaba had a fig sheet with “KHISTAN” written connected it. The awesome connected the fig sheet was that of Khalistan and the registration fig had been chosen successful specified a manner which reflected his relation with “Khalistan”, alleged NIA.

“This successful itself is not capable to property anything, which is unlawful. Even if it is presumed that the allegations are correct, inactive the applicant can’t beryllium held criminally liable for committing immoderate offence. Such fancy numbers are permitted by the conveyance Registration Authority successful the occidental portion of the globe,” Judge Kumar noted.

“It, however, decidedly indicates towards the mindset of the applicant vis-a-vis Khalistan. The thought of Khalistan whereas successful itself is questionable. Incidentally, it whitethorn beryllium rather, it is against, successful a way, each and each federation including the state wherever the accused was living. However, determination was lack of immoderate enactment against the applicant from the Government of the state wherever accused lived and worked…,” helium added.