HC dismisses man's plea challenging arrest in 2023 protests at Indian High Commission in London

     New Delhi, Nov 14 (PTI) The Delhi High Court has dismissed a plea by a man, facing prosecution in a case related to the 2023 protests at the Indian High Commission in London, challenging his arrest and remand orders.
     The high court said there was no infirmity on the trial court's remand orders and the NIA's remand application was supplied to the accused which contained both the reasons and grounds to arrest him.
     The court rejected the petition of Inder Pal Singh Gaba, a resident of Hounslow in the United Kingdom, who was arrested on April 25 by the National Investigation Agency (NIA) for allegedly carrying out unlawful activities during protests that took place on March 22, 2023 in London.
    "The contention of the counsel for the petitioner (Gaba) that non-furnishing of the FIR would be fatal cannot be accepted because as rightly pointed out by the Additional Solicitor General (ASG) that CrPC and UAPA do not mandate a copy of the FIR to be supplied by the investigating officer to any other person other than the complainant," Justice Subramonium Prasad said.
     The high court's order which was passed on October 29 was made available on the court's website on November 12.
     The high court noted that Gaba was arrested on April 25 this year and he was produced before a magistrate on the same day.
    "A copy of the remand application was supplied to the petitioner which contained both the reasons and grounds to arrest the petitioner and, therefore, this court is of the opinion that the constitutional safeguard enshrined under Article 22(1) of the Constitution of India has been followed and the impugned remand orders do not contain any infirmity," it said.
     As per the prosecution's case, on March 19, 2023, a crowd of around 50-60 protestors gathered in front of the High Commission building carrying flags used by Khalistani separatists.
     The protestors allegedly shouted anti-India and Khalistani slogans and dishonourably pulled down the Indian national flag, it said, adding that some of the rioters tried to tear the flag which was then retrieved from them with difficulty.
     Material on record disclosed that the audio-video evidence shows the presence and active involvement of the petitioner in the protest of March 22. 2023. He was seen raising anti-India slogans associating with key organisers of the protest and engaging in activities that were undermining the sovereignty of India, the prosecution said.
     A lookout circular was issued against Gaba and on December 9, 2023, he was detained by the immigration authorities while entering India from Pakistan at Attari border. Gaba's passport was seized by the NIA and he was subsequently arrested on April 24, 2024.
     The federal agency took over the probe in April last year from the Special Cell of the Delhi Police which had registered a case under the Unlawful Activities (Prevention) Act and the Prevention of Damage to Public Property Act.
     Gaba challenged the remand orders and also his arrest which, according to him, was illegal on the ground that the grounds of arrest were not provided to him, the information regarding remand was not given to his lawyer or family members.
     He claimed that he did not participate in the March 19, 2023 protest as his name does not figure as a rioter on the basis of which the entire FIR has been filed.
     The ASG, representing the NIA, submitted that there were several incriminating evidence against Gaba and that he had been seen shouting slogans in favour of Khalistan along with other Khalistani supporters on March 19, 2023.
     The law officer said since the petitioner was instrumental in planning the incident on March 19, 2023, he was very much part of dishonouring the Indian flag.
     NIA investigation in the case has revealed that the incidents in London on March 19 and 22 last year were part of a larger conspiracy to unleash vicious attacks on the Indian missions and its officials.

(This story has not been edited by THE WEEK and is auto-generated from PTI)