
The Patiala House Court in Delhi granted bail to Inderpal Singh Gaba, a London resident, who was arrested by the National Investigation Agency in connection with the 2023 attack on the Indian High Commission in London.
The court, in its order on January 29, 2025, noted that Gaba’s involvement appeared to be limited to the incident on March 22, 2023. It observed that there was no evidence linking Gaba to the initial demonstration on March 19, 2023, nor could the NIA establish his role in organizing or participating in it.
The NIA failed to provide a connection between Gaba and the earlier protest, and there was no indication that he was part of the conspiracy behind either demonstration.
While acknowledging the seriousness of the charges, including the insult to national honor, the court stated that there were no allegations of violent actions associated with Gaba.
Despite the gravity of the case, the court emphasized that Gaba’s continued detention seemed unjustifiable, considering the extended period of custody (about nine months) without the commencement of the trial, which was expected to take considerable time. Taking into account the lack of evidence linking Gaba to the violence and vandalism, the court decided to grant him bail.
The court also rejected the NIA’s claim that Gaba, being a foreign national, posed a flight risk, but agreed that restrictions could be imposed to ensure his presence during the trial.
The NIA had raised concerns that Gaba might flee the country, but the court noted that most of the witnesses were official, reducing the likelihood of Gaba influencing them.
Gaba’s legal representative, Advocate Arun Khatri, argued that the only evidence against him was a video showing him allegedly vandalizing property during the protest on March 22, 2023.
Khatri contended that the footage did not provide sufficient evidence to link Gaba to any unlawful activity, anti-India sentiment, or involvement in the Khalistani secessionist cause, as alleged by the NIA.
The NIA’s investigation, which began after Gaba’s detention in December 2023 at the Attari border, revealed that Gaba was one of the key figures involved in the violent protest at the Indian High Commission. The NIA claimed that the attack was orchestrated in retaliation for actions taken against Amritpal Singh, leader of the secessionist group Waris Punjab De. The NIA’s charge sheet filed on September 5, 2024, linked the attack to the Khalistani movement, which seeks the secession of Punjab from India.
However, the NIA’s evidence mainly included incriminating videos and photos, and the agency continued to probe Gaba’s role in the incident.
Despite the ongoing investigation, the court ruled that Gaba’s prolonged detention without trial was unreasonable, especially as the investigation did not conclusively establish his involvement in the violence or anti-India activities.