Lawstreet Journal

Mere Khalistani mentions on social media accounts of accused not proof of being terrorist: Punjab & Haryana High Court

Lawstreet Journal 21 Jan 2022 8:46pm

Image courtesy: Lawstreet Journal Judiciary Mere Khalistani mentions on social media accounts of accused not proof of being terrorist: Punjab & Haryana High Court

The Punjab and Haryana High Court in the case "Amarjeet Singh @ Amar Singh v. National Investigation Agency" has ruled that "some Khalistani mentions" of "offending nature" spotted in a social media account of a person will not be conclusive proof of him being a member of a terrorist group.

The observation came on an appeal filed under the National Investigation Agency Act against an order, dated February 4, 2021, passed by the Mohali NIA Special Judge, dismissing his bail application in an FIR registered on September 23, 2019. The Bench was told that initially an FIR was registered on September 5, 2019, for culpable homicide not amounting to murder under Section 304 of the IPC and provisions of the Explosive Substances Act at the Sadar police station in Tarn Taran.

The Bench observed that the Special Judge dismissed the bail application, though the applicant's name was not found in the FIR.

As per the prosecution case, it came out during the investigation that the appellant was associated with a pro-Khalistan terrorist gang to support the Khalistan movement. On account of his close association with co-accused persons, he had advocated/abetted/advised/incited the commission of terrorist offences and was also associated with the co-accused persons in testing bombs.

The Bench of Justice GS Sandhawalia and Justice Vikas Suri asserted: "Mainly because there are some Khalistani mentions spotted in his social media account, which is offending, which show that there are two mobile numbers that have been saved under the title 'Guri Khalistani' and another mobile number… Continue Reading...

Tagged: Khalistani   Punjab and Haryana High Court  
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