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WorldDiaspora

Delhi court charges British national under UAPA over 2023 London High Commission protest

A special NIA court found a strong suspicion that Inderpal Singh Gaba took part in an unlawful activity, but dropped a charge of insulting the national flag. His lawyer will appeal.

From the editorial desk · New DelhiPublished
High Commission of India, India House, London
High Commission of India, India House, LondonPhoto: Fred Romero from Paris, France / Wikimedia Commons, CC BY 2.0

Key points

  1. A special NIA court in Delhi framed a charge against Inderpal Singh Gaba under Section 13(1) of the UAPA.
  2. It discharged him under the national honours law, after the defence argued it does not apply abroad.
  3. The case concerns the 19 March 2023 protest at which the Indian flag was pulled down at the High Commission in London.

A special National Investigation Agency (NIA) court in Delhi has framed a charge under the Unlawful Activities (Prevention) Act against Inderpal Singh Gaba over the pro-Khalistan protest at the High Commission of India in London in March 2023.

Special Judge Vikas Dhull, in an order dated 8 October, charged Gaba under Section 13(1) of the Act, which deals with taking part in unlawful activity. “There is a strong suspicion that the accused has committed the offence of participating in the unlawful activity,” the court said.

The judge discharged him under Section 2 of the Prevention of Insults to National Honours Act, 1971.

What happened in London

According to the prosecution, 50 to 60 protesters carrying yellow Khalistani flags gathered outside the High Commission at about 1:45 pm on Sunday 19 March 2023. They are accused of climbing the balcony, pulling down the Indian flag and raising a Khalistani flag, attacking officers and damaging the building.

The case was first registered as FIR No. 80/23 under sections of the Indian Penal Code, the UAPA and the Prevention of Damage to Public Property Act, and was later re-registered by the NIA.

The defence will appeal

Gaba’s lawyer, Arun Khatri, told the court that the chargesheet did not make out a case against him, that he was not present on 19 March and that his name was not in the original FIR. He argued that the 1971 flag law has no provision to cover acts committed abroad, and that there was no material on record of a conspiracy. The defence described Gaba as a British national.

“We will challenge this in the High Court,” Khatri said. Advocate Anil Dabas appeared for the NIA.