Delhi court grants bail to British Sikh Jagtar Singh Johal in 7 UAPA cases

The Delhi High Court on Friday granted bail to British Sikh national Jagtar Singh Johal in seven cases filed against him under the Unlawful Activities (Prevention) Act, noting that he has been in custody for more than eight years.

A bench of Justices Navin Chawla and Ravinder Dudeja said that despite the Supreme Court's directions, the "pace of the trial has not really picked up" and it was "certainly not likely to conclude any time soon".

The National Investigation Agency had opposed bail, saying Johal was a foreign national, a flight risk, and was facing trial in serious offences related to terrorism, separatism and killings.

The NIA cases against Johal arise from a series of allegedly targeted murders and attempted murders in Punjab's Ludhiana and Jalandhar districts in 2016 and 2017. Two of the cases relate to the killing of Amit Sharma, president of Shri Hindu Takhat, in Ludhiana in January 2017, and the alleged attempt to murder Jagdish Kumar Gagneja, RSS vice-president in Punjab, in Jalandhar in August 2016.

The agency has accused Johal, who was arrested in 2017, of being an "active member" of the "terrorist gang" Khalistan Liberation Force.

The investigation was transferred from the Punjab Police to the NIA after the offences were identified as part of a "transnational conspiracy".

In its judgment, the bench said the accused's liberty could not be curtailed only because he was a foreign national. "We shall impose conditions that should ensure that he does not become a flight risk," the bench observed. The court directed Johal to surrender his passport, give his contact details to the investigating officer and appear before him every fortnight.

"The appellant is directed to be released on bail in the above RC (s)," the bench said while allowing Johal's appeals against the trial court's refusal to grant him bail. The court ordered his release on a personal bond of Rs 5 lakh with two sureties of the same amount each.

It also said he must cooperate with the trial and must not influence or tamper with evidence or witnesses.

The court further directed that Johal should not join any WhatsApp group or other social media platform where "anti-national material is uploaded or circulated or propagated", or share such material himself. It asked him to file an undertaking to this effect before the trial court.

The high court had earlier refused bail to Johal in the seven cases on September 18, 2024. On his appeals, the Supreme Court in July sent the matter back to the high court for fresh consideration. With Friday's order, the high court has now granted him bail in all seven cases while laying down conditions for his release.