New Delhi: The Delhi High Court on Friday granted bail to British national Jagtar Singh Johal in seven cases against him under the Unlawful Activities (Prevention) Act (UAPA).
A bench of Justices Navin Chawla and Ravinder Dudeja said Johal was in custody for more than eight years, and 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 (NIA)'s cases against Johal arise from a series of allegedly targeted murders and attempted murders in Ludhiana and Jalandhar districts of Punjab in 2016-2017.
Two cases pertain to the killing of Amit Sharma, president of 'Shri Hindu Takhat' in Ludhiana in January 2017, and alleged attempted murder in Jalandhar of Jagdish Kumar Gagneja, the RSS vice president in Punjab, in August 2016.
The agency accused Johal, who was arrested in 2017, of being an ‘active member’ of the ‘terrorist gang’ Khalistan Liberation Force (KLF).
The investigation was transferred from Punjab Police to NIA after offences were identified as part of a ‘transnational conspiracy’.
The NIA opposed bail to Johal, stating that he was a foreign national and a flight risk, who was facing trial for serious offences like encouraging terrorism, separatism and killing of people belonging to a particular community.
In the judgement, the bench, however, believed that the accused's liberty cannot be curtailed only on the ground that he was a foreign national.
"We shall impose conditions that should ensure that he does not become a flight risk," the bench observed, as it directed Johal to surrender his passport, furnish his contact details to the investigating officer, and also appear before him fortnightly.
"The appellant is directed to be released on bail in the above RC (s)," the bench ordered on Johal's appeals challenging the denial of bail to him by the trial court.
The court directed him to be released on a personal bond of Rs 5 lakh with two sureties each in the like amount.
Johal shall cooperate with the trial and not influence or tamper with evidence or witnesses, the court further clarified.
He shall not join any WhatsApp group or other social media platforms where "anti-national material is uploaded or circulated or propagated" or disseminate such content, the court directed.
He shall also furnish an undertaking to this effect before the trial court, the bench added.
On September 18, 2024, the High Court had refused to grant bail to Johal in the seven cases. After Johal appealed, the Supreme Court in July remitted the matter to the High Court for fresh consideration.