HC rejects man's plea against arrest over 2023 protests at Indian High Commission in London

In this combination photo, on the right, the Indian national flag is raised at the Indian High Commission, on the left, a protester, chanting pro-Khalistani slogans, attempts to seize the tricolor, in London, United Kingdom. | Photo credit: PTI

The Delhi High Court has dismissed a petition filed by a man facing prosecution in a case linked to the 2023 protests at the Indian High Commission in London, challenging his arrest and remand orders.

The court rejected the petition of Inder Pal Singh Gaba, a resident of Hounslow in the United Kingdom, who was arrested in April by the National Investigation Agency (NIA) for allegedly carrying out illegal activities during the protests that took place on March 22, 2023 in London.

Mr. Gaba was arrested by immigration authorities while entering India from Pakistan at the Attari border on December 9, 2023. He was brought from Amritsar to Delhi and was released on December 12 2023. He was later arrested by the NIA on April 25, 2023. 2024.

The contention of the petitioner's counsel (Gaba) that non-furnishing of FIR would be fatal cannot be accepted because as rightly pointed out by the Additional Solicitor General (ASG), CrPC and UAPA do not require a copy of the FIR to be provided by the investigating officer to any person other than the complainant, the court said in its October 29 order.

The court said the NIA's remand application was provided to the accused and contained both reasons and motives for his arrest.

According to the prosecution, on March 19, 2023, a crowd of approximately 50 to 60 protesters gathered in front of the High Commission building, waving flags used by suspected Khalistan separatists.

He said the protesters allegedly shouted anti-India and Khalistani slogans and pulled down the Indian national flag in a dishonorable manner. Some rioters tried to tear up the flag which was then recovered with difficulty, it is added.

The prosecution said the audio-video evidence shows the presence and active involvement of Mr. Gaba in the March 22, 2023 protest. He was seen raising anti-Indian slogans while associating with the main organizers of the protest. demonstration and engaging in activities that undermined public order. sovereignty of India, he adds.

A lookout circular was issued against Mr. Gaba and on December 9, 2023, he was subsequently arrested at the Attari border.

Mr. Gaba challenged the pre-trial detention orders as well as his arrest, claiming that the reasons for his arrest had not been provided to him and that information regarding the pre-trial detention had not been communicated to his lawyer or members of his family.

The NIA investigation into the matter revealed that the incidents in London on March 19 and 22 last year were part of a larger conspiracy to unleash violent attacks on Indian missions and their officials.

Published – November 15, 2024 at 02:07 IST

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