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NIA Want Indian Supreme Court to Jail Transfer Jagtar Singh Jaggi from Punjab to Tihar Jail in Delhi

November 2, 2018 | By

New Delhi/Chandigarh: After having failed to secure jail transfer of arrest UK citizen Jagtar Singh Johal alias Jaggi from Punjab to Tihar jail in Delhi from the special NIA court in Mohali, the National Investigative Agency (NIA) of India has moved to Indian Supreme Court for the same.

Jagtar Singh Jaggi and another being brought out of NIA court, Mohali [FILE PHOTO]

The Sikh Siyasat News (SSN) has accessed information from Supreme Court of India (SCI)’s website which reveals that the NIA has field a plea in the Supreme Court of India (SCI) requesting that Jagtar Singh Johal alias Jaggi, Ramandeep Singh Bagga, Hardeep Singh Shera, Dharminder Singh alias Gugni, Anil Kumar alias Kala, Amarinder Singh, Manpreet Singh, Ravipal Singh, Pahad Singh, Parvez alias Farru and Malook Tomar who are facing allegations under the Unlawful Activities (Prevention) Act in cases investigated by the NIA to be transfer from jails in Punjab to Tihar jail in Delhi.

Interestingly the NIA has also sought jail transfer of Harmeet Singh PHD, Gurjinder Singh Shashtri, Gurshranbir Singh and Gurjant Singh Dhillon to the Tihar Jail whereas as per the NIA’s own records these four persons are not even arrested and are said to be residing abroad in different countries. More over the NIA is urging the trail court to declare them as proclaimed offenders.

Hardeep Singh Shera (L) and Ramandeep Singh Bagga (R) [File Photos]

The case was listed before Justice Arun Mishra and Justice Vineet Saran on November 1, 2018. The court has issued notice to the respondents and set the case to be listed on 3 December 2018 for hearing on admission of the NIA’s plea.

The NIA has filed similar plea before the NIA special court in Mohali earlier this year. The NIA has secured a notification from the government of India for such jail transfer and it has also secured NOC (No Objection Certificates) from the Punjab and Delhi government in this regard.

The NIA’s plea was strongly opposed by the defence councils Advocate Barjinder Singh Sodhi and Advocate Jaspal Singh Manjhpur. They had pointed that the law does not permit jail transfer of an undertrial detainee outside the state where such detainee faces the trail. They argued that the government of India or the state government lack the power to order such transfers. Agreeing to the defence pleas the NIA special court had rejected the NIA’s plea. 

After having failed at the base level the NIA has approached the highest court of India secure such transfer. On being asked to comment, defence counsel Advocate Jaspal Singh Manjhpur said that they have not yet received not received any notice in this regard. He said that if they receive the notice in this regard the defence will strongly oppose the NIA’s plea in the Supreme Court of India.

He maintained that the Indian investigative agency is trying to crease unnecessary hype and cause unnecessary harassment to arrested persons and their families in the case by making such moves.

He maintained that NIA’s pleas lacks legal or rational basis and the NIA special court had appreciated the defence arguments.

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