A Delhi court discharged Inderpal Singh Gaba, a UK national accused of involvement in twin violent attacks at Indian High Commission in London in March 2023, of the offence of insulting the Indian national flag, noting the alleged offence was committed by a foreign national on foreign soil.
The court, however, ordered framing of charges against Gaba under the Unlawful Activities (Prevention) Act (UAPA), holding his alleged participation in a protest where pro-Khalistan slogans were raised and his standing on the Indian flag fell within definition of “unlawful activity” under anti-terror law.
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NIA links London protests to Khalistan supporters
The case pertains to the National Investigation Agency (NIA) probe into two incidents outside Indian High Commission in London on March 19 and 22, 2023 by a group of protestors, who pulled down the Indian flag and attempted to hoist a Khalistani flag, besides assaulting security personnel.
NIA claimed the violent protests were connected and led by Britain-based Sikh radical Avtar Singh Khanda (now dead) in retaliation to Punjab police’s action against Waris Punjab De chief Amritpal Singh and his associates. Gaba had allegedly taken part in the March 22 protest. Gaba was arrested at Attari border on April 25, 2024 and was charged by NIA under the Prevention of Insults to National Honour Act, 1971 and section 13 (1) of the UAPA (promoting unlawful activities).
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Defence argues Indian flag law cannot apply in London
Advocate Arun Khatri, who appeared for Gaba, argued that “there was no material to connect him to the two incidents.” “The alleged desecration of the flag had taken place in London and that the Prevention of Insults to National Honour Act, 1971 did not extend beyond India’s territory,” he argued.
In an order on October 8, reviewed by HT, a special NIA court at Rouse Avenue Courts held that the 1971 law has no extra-territorial jurisdiction and cannot be invoked against Gaba for an alleged act committed in London, even though it said it was satisfied through video recordings that he committed the offence. “Although this court is satisfied from video recordings of the incident dated March 22, 2023 that Gaba, by standing on the Indian National Flag, which was lying on the ground, has committed an offence under section 2 of the Prevention of Insults to National Honours Act, 1971 but still he cannot be tried for the said offence before this court,” the court ruled.
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However, it found sufficient grounds to charge him under section 13 (1) of UAPA.
Khatri told HT: “We will challenge this order in the high court.”
