Egged by the National Investigative Agency, which functions beyond the rule of law, India’s Supreme Court has transferred cases and under-trials to Delhi without a proper hearing.

State terror manifested itself when, in less than five minutes, India’s Supreme Court accepted the petition of the National Investigative Agency to transfer British-Scottish national Jagtar Singh Johal, Hardeep Singh Shera and 9 other under-trials from their parent state of Punjab to the notorious Tihar jail in Delhi and also start proceedings against them in the special NIA court in Delhi.

Jagtar Singh, Hardeep Singh, Ramandeep Singh, Dharmendra Singh, Anil Kumar, Amaninder Singh, Manpreet Singh, Ravipal, Pahad Singh, Pravesh and Malook Tomar were arrested in November 2017 for alleged killings of RSS-BJP leaders and Dera Sirsa followers in 2016 and 2017.

For more than half of these under-trials, the notice of NIA was not served and this has been accepted by the Registry of the Supreme Court of India. The presiding judges barely allowed the defence counsel to present his objections.  The Supreme Court bench of Justice Arun Mishra and Justice Navin Sinha is reported to have said, “This is a decided case. There is no need to hear anything.”  The transfer orders were read out leaving the counsels and the accused in the lurch.

The Supreme Court bench of Justice Arun Mishra and Justice Navin Sinha is reported to have said, “This is a decided case. There is no need to hear anything.” 

Supreme Court of India

The Supreme Court of India, already under strain with its prestige, practice and honour at stake for various reasons, should have been more careful.  Ceasar’s wife, even if a little flirtatious, must at least be seen to be above suspicion.

Defence lawyers have already questioned the mistrust of Punjab jails by the NIA as without giving even any reason or even an excuse to transfer the accused and their cases to Delhi.  The family and counsels apprehend a threat to life of the accused in the anti-Sikh atmosphere among Tihar prison inmates and administration.

In view of the hate and security threat hype that is being whipped up by the ruling government, the NIA is spreading its terror like that of the Special TADA courts in the eighties of the last century.  Its earlier plea for transfer to Delhi was disallowed by the Special Court of Ms. Anshul Berry in Mohali. The NIA brought the case before another judge and simultaneously got a stay of proceedings from the Supreme Court.

The Supreme Court of India is already under strain with its prestige, practice and honour at stake,  Ceasar’s wife, even if a little flirtatious, must at least be seen to be above suspicion.  

The manner in which the Supreme Court so easily acquiesces with the NIA compromises judicial procedure and a fair trial. It is also a violation of a judicial tradition that an accused or a convict should be transferred to a place where it is easy for his family and relatives to meet him and easier for his counsels to defend him.

The Supreme Court’s one-para order is a clear indicator of the haste with which the petition was disposed of in favour of the National Investigative Agency. The order reads, “Considering the facts and circumstances of the case, as several witnesses have been shot dead, and considering the gravity of the charges involved, we deem it appropriate to transfer the cases mentioned at Prayer (a) of the Transfer Petition from the Court of Additional Sessions Judge/Judge, Special Court, NIA, SAS Nagar, Mohali to the competent court at Tis Hazari Courts, Delhi. Ordered accordingly. All the cases shall be tried together.” If a ship is sinking, it is the boatman’s duty to save it, but what do travellers do if the boatman sinks the ship!

The Supreme Court of India has reversed this trend for senior leaders and activists of Kashmir long back and now it is the turn of Sikh political prisoners and under-trials.

Undoubtedly, the NIA has been emboldened by the lackadaisical and grossly partial behaviour of the British government, which has not found time in nearly two years to meet their national Jagtar Singh Jaggi in prison. Clearly, there is more work for the #FreeJaggiNow campaign and the dedicated Scottish MP Martin Docherty-Hughes who took the case to the British Parliament.

While the Indian state is never bothered about its image or record regarding human rights violation is pretty well known, but when the Supreme Court and the NIA also show such careless and carefree attitude, knowing well that the case has international ramifications, this is a marker of the enveloping fear climate encircling the rights environment in India.