Punjab and Haryana High Court Grants Bail in Khalistan Referendum Case, Citing Excessive Pre-Trial Custody
The Punjab and Haryana High Court has granted bail to an individual accused of involvement in the Khalistan Referendum 2020, emphasizing that his pre-trial incarceration of over seven years was excessive and unjust. The court ruled that continued detention at this stage would constitute a grave injustice, as the trial remains ongoing.
Court's Rationale for Bail Decision
Observing that the accused, Sukhmandar Singh, had spent seven years, two months, and 22 days in custody, the bench highlighted the prolonged nature of his detention without a concluded trial. The court stated, "Considering the entire facts and the pre-trial custody, which on the face of it is excessive for the purpose of pre-trial custody... we are of the considered opinion that his further custody is not required." This decision underscores the judiciary's commitment to balancing individual rights with legal processes.
Conditions Imposed on Bail
In granting bail, the court imposed strict conditions to address security concerns. The accused must:
- Surrender all weapons, firearms, and ammunition, along with any arms license, to the concerned authority within 15 days of release.
- Refrain from engaging in any anti-India activities.
- Avoid exceeding the limits of speech and expression permitted under Article 19 of the Constitution of India.
The bench clarified that these restrictions are based on "the preponderance of evidence of probability and not of evidence of certainty," aiming to instill public confidence and prevent witness influence without prejudging the case's merits.
Background of the Case
The case originated from an FIR registered in 2018 after Amritsar police apprehended two individuals putting up banners with slogans like "Khalistan Zindabad" and "Khalistan Referendum 2020." The investigation expanded, leading to multiple arrests and the transfer of the case to the National Investigation Agency (NIA).
During proceedings, it was alleged that Sukhmandar Singh was part of a terrorist gang directed by Gurpatwant Singh Pannun, the US-based chief of Sikhs for Justice, aimed at carrying out unlawful activities. However, the court noted that no weapons were recovered from him, and the evidence primarily consisted of digital material from his phone.
Legal Representation and Societal Safeguards
The accused was represented by senior advocate R.S. Bains and counsel Sarabjot S. Cheema, who provided an undertaking on his behalf. While granting bail, the court emphasized the need for societal security and national integrity, stating that restricting firearms helps maintain public trust and prevents potential offenses.
This ruling highlights the judiciary's role in ensuring fair trial rights while addressing serious allegations related to secessionist movements, setting a precedent for handling prolonged pre-trial detentions in sensitive cases.
