Punjab and Haryana High Court Grants Bail to Jagwinder Singh @ Jagga After Five Years of Incarceration

Bail Granted Amid Delayed Trial Under UAPA, Emphasizing the Right to Speedy Trial and Life and Liberty

In a significant judgment, the Punjab and Haryana High Court has granted bail to Jagwinder Singh @ Jagga, who has been in custody for over five years under charges related to anti-national activities and sections of the Unlawful Activities (Prevention) Act (UAPA). The court emphasized the importance of the right to a speedy trial under Article 21 of the Indian Constitution, which guarantees the right to life and liberty.

Jagwinder Singh, accused of involvement in activities promoting the formation of a separate state, "Khalistan," faced charges under various sections of the Indian Penal Code and UAPA. His bail application had been previously dismissed due to the severity of charges. However, despite the passage of five years, only 20 out of 149 prosecution witnesses had been examined, leading the court to consider prolonged incarceration without significant progress in the trial as a violation of fundamental rights.

The bench comprising Mr. Deepak Sibal and Ms. Lapita Banerji noted that Section 43-D of UAPA imposes stringent conditions for bail, yet the prolonged custody without trial completion justified the consideration of bail. The court underscored that lengthy detention should not become punishment, and emphasized that serious allegations alone cannot justify denying bail if the trial is unduly delayed.

The judgment references several Supreme Court rulings, highlighting the precedence where long custody under UAPA was deemed sufficient ground for bail, reinforcing the constitutional mandate for a speedy trial. The court also imposed stringent bail conditions to ensure compliance and prevent further unlawful activities.

Jagwinder Singh is required to furnish a bond, surrender his passport, regularly appear before the trial court, and adhere to strict conduct rules. The judgment stands as a reminder of the judiciary's role in balancing stringent legal provisions with fundamental rights, ensuring that justice does not become a casualty of procedural delays.

Bottom Line:

Bail under UAPA - Long incarceration without substantial progress in trial can be a valid ground for granting bail, invoking Article 21 of the Constitution of India.

Statutory provision(s): Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967, Article 21 of the Constitution of India, Section 173 of the Code of Criminal Procedure.

Jagwinder Singh @ Jagga v. National Investigating Agency, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2804793