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Gurwinder Singh vs State of Punjab & Another

Not available · 2024 INSC 92Decided 7 Feb 2024
Not available
Justice M.M. Sundresh · Justice Aravind Kumar

Background

The appellant was one of several accused arrested in an NIA case linked to a banned organisation ("Sikh for Justice") accused of hanging pro-Khalistan banners and running a module later found to involve terrorist activity, with charges under the UAPA, the IPC's sedition-related provisions, and the Arms Act. His bail application was rejected by the Special NIA Court and that rejection was upheld by the Punjab and Haryana High Court, leading to this appeal to the Supreme Court. By the time of the appeal, the trial was already underway with 22 witnesses, including protected witnesses, having been examined.

Decision Breakdown

The Supreme Court dismissed the appeal and refused bail. It held that under Section 43D(5) of the UAPA, bail can only be granted if the court is satisfied, on a prima facie assessment of the case diary and material on record, that there are no reasonable grounds for believing the accusation is true: a materially stricter standard than ordinary bail. The Court found that the case record showed the appellant's active participation in the terrorist module, including involvement in financial transactions that funded the network, and distinguished the precedent relied on by the appellant (K.A. Najeeb) because in that case the trial was unlikely to conclude soon, whereas here the trial was actively progressing with many witnesses already examined. The Court also found a real risk that releasing the appellant could allow him to influence key witnesses, and held that mere delay in a serious UAPA trial is not, by itself, a ground for bail.

Lesson Learnt

Bail in UAPA and other stringent anti-terror law cases is judged by a much higher threshold than ordinary criminal bail, courts must be satisfied there are no reasonable grounds the accusation is true, and factors like witness-tampering risk and active trial progress weigh heavily against release even where the accused has already spent significant time in custody.

Official source (sci.gov.in)View Judgment (PDF)

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