The court said the Prevention of Insults to National Honour Act has no extra-territorial jurisdiction over an alleged offence committed in London.
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A Delhi court discharged Inderpal Singh Gaba, a UK national accused of involvement in twin violent attacks at Indian High Commission in London in March 2023, of the offence of insulting the Indian national flag, noting the alleged offence was committed by a foreign national on foreign soil.
The court, however, ordered framing of charges against Gaba under the Unlawful Activities (Prevention) Act (UAPA), holding his alleged participation in a protest where pro-Khalistan slogans were raised and his standing on the Indian flag fell within definition of “unlawful activity” under anti-terror law.
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NIA links London protests to Khalistan supporters
The case pertains to the National Investigation Agency (NIA) probe into two incidents outside Indian High Commission in London on March 19 and 22, 2023 by a group of protestors, who pulled down the Indian flag and attempted to hoist a Khalistani flag, besides assaulting security personnel.
NIA claimed the violent protests were connected and led by Britain-based Sikh radical Avtar Singh Khanda (now dead) in retaliation to Punjab police’s action against Waris Punjab De chief Amritpal Singh and his associates. Gaba had allegedly taken part in the March 22 protest. Gaba was arrested at Attari border on April 25, 2024 and was charged by NIA under the Prevention of Insults to National Honour Act, 1971 and section 13 (1) of the UAPA (promoting unlawful activities).
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Defence argues Indian flag law cannot apply in London
Advocate Arun Khatri, who appeared for Gaba, argued that “there was no material to connect him to the two incidents.” “The alleged desecration of the flag had taken place in London and that the Prevention of Insults to National Honour Act, 1971 did not extend beyond India’s territory,” he argued.
In an order on October 8, reviewed by HT, a special NIA court at Rouse Avenue Courts held that the 1971 law has no extra-territorial jurisdiction and cannot be invoked against Gaba for an alleged act committed in London, even though it said it was satisfied through video recordings that he committed the offence. “Although this court is satisfied from video recordings of the incident dated March 22, 2023 that Gaba, by standing on the Indian National Flag, which was lying on the ground, has committed an offence under section 2 of the Prevention of Insults to National Honours Act, 1971 but still he cannot be tried for the said offence before this court,” the court ruled.
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However, it found sufficient grounds to charge him under section 13 (1) of UAPA.
Khatri told HT: “We will challenge this order in the high court.”
Neeraj Chauhan is a senior journalist with Hindustan Times and an investigative reporter specialising in national security, terrorism, organised crime, narcotics, corruption, financial crime and complex investigations. With over 21 years of experience across Hindustan Times, The Times of India, The Indian Express and The Pioneer, he has built deep expertise in India’s internal security and law-enforcement landscape. Neeraj has extensively covered India’s principal investigative, intelligence and security agencies, including the NIA, CBI, ED, IB, R&AW, MHA and other central security forces. His work has included deeply reported investigations into terrorism, terror financing, cross-border crime, narcotics trafficking, cybercrime, financial fraud and political and corporate corruption. He has reported on some of the most significant terror attacks and security developments in India over the past two decades, including the Delhi serial blasts, the 26/11 Mumbai attacks, the 2019 Pulwama terror attack and the recent Pahalgam attack. His reporting has also chronicled the rise and decline of the Indian Mujahideen, the activities and subsequent crackdown on the Popular Front of India (PFI), Islamist extremist networks, the conflict in Jammu and Kashmir, insurgencies in the Northeast and Maoist violence. Some of Neeraj’s major breaking stories are in Aryan Khan drug case, Sushant Singh Rajput suicide, interception of a 3,000-kg Afghan heroin consignment worth about ₹21,000 crore at Mundra port, Sri Lanka easter bombings, Aarushi-Hemraj murders in Noida, 2G scam, coal block allocation scam, AgustWestland VVIP chopper deal and major bank frauds and extradition cases involving Mehul Choksi, Nirav Modi and Vijay Mallya. His reporting is marked by an ability to cultivate sources, analyse confidential and complex documents, and follow investigations over several years—from the initial breakthrough to chargesheets, trials and international legal proceedings. He specialises in making complicated security and investigative developments accessible while examining their wider implications for governance and public policy. A Chevening South Asia Journalism Programme Fellow at the University of Westminster, Neeraj also spent time at the Financial Times as part of the fellowship. He was also a Robert Bosch Media Ambassadors India-Germany Fellow, studying at the University of Tübingen and working with Der Tagesspiegel in Berlin. He has previously taught investigative journalism and crime reporting as a guest faculty member at the Times School of Journalism. Over more than two decades, Neeraj has established himself as an authoritative voice on India’s national security and investigative landscape, with his reporting closely followed by officials, investigators, lawyers, policymakers and readers seeking insight into some of the country’s most complex and consequential developments.Read More