A Delhi court has discharged UK national Inderpal Singh Gaba from the charge of insulting the Indian national flag, ruling that the Prevention of Insults to National Honour Act, 1971, does not apply to alleged offences committed outside India. However, the court ordered charges against him under the Unlawful Activities (Prevention) Act (UAPA) over his alleged participation in a 2023 London protest where pro-Khalistan slogans were raised.

The case stems from the National Investigation Agency’s (NIA) probe into two incidents outside the Indian High Commission in London on March 19 and 22, 2023. Protesters allegedly pulled down the Indian flag, attempted to hoist a Khalistani flag and assaulted security personnel.

The NIA alleged that the protests were linked and were led by Britain-based Sikh radical Avtar Singh Khanda, who is now dead. The agency claimed the incidents were retaliation for Punjab Police’s action against Waris Punjab De chief Amritpal Singh and his associates.

Gaba allegedly participated in the March 22 protest. The NIA arrested him at the Attari border on April 25, 2024, and charged him under the Prevention of Insults to National Honour Act, 1971, and Section 13(1) of the UAPA, which deals with promoting unlawful activities.

Advocate Arun Khatri, appearing for Gaba, argued that “there was no material to connect him to the two incidents.” He also contended that “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 dated October 8, a special NIA court at Rouse Avenue Courts held that the 1971 law had no extra-territorial jurisdiction and could not be invoked against Gaba for an alleged act committed in London.

The court said video recordings showed Gaba standing on the Indian national flag lying on the ground. However, it ruled that he could not be tried under the 1971 law.

“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 Honour Act, 1971, he still cannot be tried for the said offence before this court,” the court ruled.

The court found sufficient grounds to frame charges against Gaba under Section 13(1) of the UAPA, holding that his alleged participation in the protest and act of standing on the flag fell within the definition of unlawful activity.

Khatri told HT, “We will challenge this order in the High Court.”