Delhi court clears UK citizen Gaba of flag insult, charges him under anti-terror law

A Delhi special court dismissed the charge against UK citizen Inderpal Singh Gaba under the Prevention of Insults to National Honour Act, 1971, stating the law has no jurisdiction outside India and the alleged flag desecration occurred in London. The court, however, found that Gaba’s involvement in a March 22, 2023 protest—where pro-Khalistan chants were heard and the Indian flag was stepped on—fits the definition of “unlawful activity” under section 13(1) of the Unlawful Activities (Prevention) Act, and ordered those charges to be framed.

The National Investigation Agency had earlier connected the twin attacks on the Indian High Commission in London to Britain-based Sikh radical Avtar Singh Khanda, who was reportedly dead, and to retaliation against Punjab police actions against Amritpal Singh. Gaba was seized at the Attari border on April 25, 2024 and had previously faced both the flag-insult law and UAPA accusations. His counsel Arun Khatri argued the lack of material linking him to the incidents and said the verdict would be challenged in the high court. The ruling highlights the tension between India’s attempt to prosecute overseas actions and its reliance on anti-terror legislation.