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The Punjab and Haryana High Court has granted bail to Jagtar Singh Johal alias Jaggi, accused in the case registered over deadly attack on Amit Arora, Youth President of Shiv Sena, Punjab.

The bench of Justice Tejinder Singh Dhindsa and Justice Lalit Batra passed the order in the appeal filed by Johal against the order of the Special Judge, NIA, SAS Nagar, Mohali dismissing his bail plea.

 The NIA Court had denied Johal bail noting that prima facie there was sufficient evidence against him to establish his involvement in the conspiracy of targeted killings/attempted killings including the attack on Arora.

However, setting aside the order of NIA Court, the high court bench observed,

“We are conscious that the charges levelled against the appellant are grave and in the nature of making an attempt to destabilise public order in the State of Punjab…we are of the view that Constitutional Courts ought to exercise their power to grant bail notwithstanding the limitations specified under special enactments keeping in view the right of an accused to speedy trial and access to justice.”

Further noting that Johal is in jail since last 5 years and trial in the instant case is yet to commence, Court said, “We are aware that even a sentence of life imprisonment can be imposed for the offence with which the appellant has been charged under the 1967 Act and the IPC but we cannot ignore the fact that the sentence could range between 5 years to imprisonment for life. Concededly appellant has already undergone incarceration of almost 5 years with the trial yet to commence.”

Accordingly, Court directed Johal to be produced before the the Special Judge, NIA, SAS Nagar, Mohali to enable him to seek bail by furnishing bail bonds/surety bonds.

There are several cases registered against Johal, a British National, and it is alleged that he had been involved in targeted killings of right-wing leaders in Punjab.

Opposing Johal’s bail plea in the instant case, counsel for NIA had vehemently stressed that during investigation it had been found that Johal used to write a publication in the name of 'Singh Surme' related to 1984 riots.

He had further submitted that Johal along with one Gursharanbir Singh wrote a book on Khalistan Liberation Force (KLF) in the years 2013-14 and handed over 3000 British Pounds to one Harminder Singh @ Mintu in France towards executing a larger conspiracy and for recruitment and motivating like minded persons to join Khalistan Liberation Force – a terrorist gang.

However, Johal’s counsel had contended that the instant case was fabricated to falsely implicate Johal. He had alleged that in this case investigation was carried out by the Punjab police and a final report under Section 173 Cr.P.C. was prepared.

He submitted that as per final report, the FIR had been lodged falsely by complainant Amit Arora and his servant Mani and gunman Om Parkash were arrested by the police and they had confessed that the attack had been planned and a friendly iron rod blow had been given by servant Mani to create false evidence.

Thereafter, though the case against Johal registered under Sections 307/34, 120-B of the IPC, Sections 25/27 of the Arms Act, Sections 16, 17, 18, 18-A, 18-B, 20, 21 and 23 of the Unlawful Activities (Prevention) Act, 1967, he was charged only under Sections 16,17,18 of the 1967 Act and Section 120-B of the IPC but not under Section 307 IPC.

Case Title: Jagtar Singh Johal alias Jaggi v. National Investigating Agency