HC dismisses man’s plea against arrest in 2023 protests at Indian High Commission in London

Inder Pal Singh Gaba, a resident of the United Kingdom, was arrested in April; he was later arrested by the NIA on April 25, 2024.

The Delhi High Court has rejected a petition filed 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 court rejected the petition of Inder Pal Singh Gaba, a resident of Hounslow in the United Kingdom, who was arrested in April by the National Investigation Agency (NIA) for allegedly carrying out unlawful activities during protests that took place on March 22, 2023 in London.

Mr. Gaba was detained by the immigration authorities while entering India from Pakistan at Attari border on December 9, 2023. He was brought from Amritsar to Delhi and was released on December 12, 2023. He was subsequently arrested by the NIA on April 25, 2024.

“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,” the court said in its October 29 order.

The court said the NIA’s remand application was supplied to the accused that contained both the reasons and grounds to arrest him.

As per the prosecution, on March 19, 2023, a crowd of around 50-60 protestors gathered in front of the High Commission building carrying flags used by alleged Khalistani separatists.

It said the protestors allegedly shouted anti-India and Khalistani slogans and dishonourably pulled down the Indian national flag. Some of the rioters tried to tear the flag which was then retrieved from them with difficulty, it added.

The prosecution said that the audio-video evidence shows the presence and active involvement of Mr Gaba 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, it added.

A lookout circular was issued against Mr. Gaba and on December 9, 2023, he was later detained at Attari border.

Mr. Gaba challenged the remand orders and also his arrest contending that the grounds of arrest were not provided to him, the information regarding remand was not given to his lawyer or family members.

The 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.

Published - November 15, 2024 02:07 am IST