Gurwinder Singh vs. State of Punjab [February 07, 2024]
Gurwinder Singh was arrested and charged under multiple sections of the Indian Penal Code (IPC), the Unlawful Activities (Prevention) Act, 1967 (UAPA), and the Arms Act, 1959, for his alleged involvement with the banned terrorist organization "Sikhs for Justice." The prosecution accused Singh and his co-accused of raising funds, facilitating terror activities, and conspiring to procure weapons for separatist purposes. The case originated from an NIA investigation that uncovered a module engaged in terror funding and arms procurement through illegal channels, including hawala transactions.
Legal Proceedings
Singh’s bail application was rejected by the NIA Special Court and subsequently by the Punjab and Haryana High Court. The primary ground for rejection was the existence of prima facie evidence indicating his conscious involvement in activities preparatory to terrorism. The courts cited Section 43D(5) of the UAPA, which imposes stringent conditions for granting bail in terror-related cases.
Supreme Court’s Analysis
Prima Facie Evidence: The Supreme Court upheld the lower courts’ findings that there was sufficient prima facie evidence of Singh’s complicity. This included statements from co-accused implicating Singh in trips to Kashmir for arms procurement, his own admission of suggesting sources for weapons, and communication records linking him to the conspiracy. Although Singh denied knowledge of the trip’s true purpose, the Court found his explanations unconvincing in light of the available evidence.
Stringency of UAPA Bail Provisions: The Court emphasized that Section 43D(5) of the UAPA makes bail the exception, not the rule, in cases involving grave offenses under Chapters IV and VI of the Act. If the court, after perusing the case diary and charge sheet, finds reasonable grounds to believe the accusations are prima facie true, bail must be denied. The Court reiterated that the traditional presumption of “bail as a rule, jail as an exception” does not apply under the UAPA’s framework.
Witness Protection and Public Interest: The Court also highlighted the necessity of protecting witnesses and ensuring the integrity of the investigation in terrorism cases, given the potential risks of witness tampering and evidence destruction.
Judgment
The Supreme Court dismissed Gurwinder Singh’s appeal, affirming the denial of bail. The Court found that the statutory requirements under Section 43D(5) UAPA were satisfied and that the potential risks to the investigation and public safety outweighed individual liberty concerns in this context.
Significance
This judgment reinforces the restrictive approach to bail under the UAPA, prioritizing national security and the integrity of terror investigations over individual liberty when prima facie evidence of involvement exists. The Court’s reasoning aligns with established precedents, emphasizing that the UAPA’s bail provisions are deliberately stringent to deter and address terrorism effectively.
Citation:
Gurwinder Singh v. State of Punjab & Another, [2024] 2 S.C.R. 134; 2024 INSC 92, Supreme Court of India, decided on February 7, 2024.
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