Punjab & Haryana High Court Grants Bail to Jagwinder Singh @ Jagga in UAPA Case Over ‘Khalistan’ Flag Incident; Cites Five-Year Custody and Article 21 Right to Speedy Trial
Case Name: Jagwinder Singh @ Jagga v. National Investigating Agency
Date of Judgment: November 4, 2025
Citation: CRA-D-938-2024
Bench: Hon’ble Mr. Justice Deepak Sibal & Hon’ble Ms. Justice Lapita Banerji
Held: The Punjab & Haryana High Court granted bail to Jagwinder Singh @ Jagga, who had been in custody for over five years in a case registered under Sections 109, 115, 121-A, 153-A, 153-B, 212 IPC, Sections 10, 11, 13 of the Unlawful Activities (Prevention) Act, 1967, and Section 2 of the Prevention of Insults to National Honour Act, 1971. The Division Bench observed that prolonged incarceration without completion of trial violated Article 21 of the Constitution. The Court emphasized that long custody itself becomes punitive when the trial shows no likelihood of conclusion and noted the absence of any incriminating recovery or direct evidence linking the appellant to terrorist activities. Relying on K.A. Najeeb v. Union of India (2021) 3 SCC 713 and Shoma Kanti Sen v. State of Maharashtra (2024 SCC OnLine SC 498), the Court held that constitutional courts can grant bail in UAPA cases when personal liberty is unjustifiably curtailed.
Summary: The case stemmed from an incident on August 14, 2020, when two persons hoisted a “Khalistan” flag on the building of the Deputy Commissioner’s Office, Moga. The National Investigating Agency alleged that the act was inspired by Gurpatwant Singh Pannu of “Sikhs for Justice” (SFJ), and that the appellant had motivated his cousin Inderjit Singh to commit the act and provided shelter to the perpetrators. The defence argued that no recovery was made from the appellant except a mobile phone and that the only link was a single phone call with a co-accused. With only 20 of 149 witnesses examined in five years, the Court found that continued custody violated the right to a speedy trial. The Bench cited a series of Supreme Court rulings including Vernon v. State of Maharashtra (2024), Javed Gulam Nabi Shaikh v. State of Maharashtra (2024), and Mohd. Muslim @ Hussain v. State (NCT of Delhi) (2023), reaffirming that deprivation of liberty must be proportionate, reasoned, and not punitive.
Decision: The Court allowed the appeal and granted bail to Jagwinder Singh @ Jagga, holding that prolonged custody, lack of incriminating material, and delays in trial warranted relief under Article 21. The Bench directed his release on appropriate bail conditions, observing that serious allegations alone cannot justify indefinite incarceration in the absence of substantive evidence.