HIGH COURT STAYS TRIAL OF 11 ‘REFERENDUM 2020’ SUPPORTERS IN NIA COURT

CHANDIGARH: The Punjab and Haryana high court has stayed trial proceedings underway at the National Investigation Agency (NIA) court against 11 persons accused of propagating the Khalistani Referendum 2020 campaign, in 2018 in Amritsar. The high court bench of justice Jitendra Chauhan while issuing notice for November 17 asked the NIA court to not to proceed further, till the next date of hearing before the high court.

The petition was moved by an accused Sukhraj Singh, who had told court that the FIR was registered in Amritsar and trial was also underway there at a local court, but now stands transferred to special judge, NIA Court, Mohali without there being any judicial order. Such a transfer is in violation of the Code of Criminal Procedure (CrPC) and it is not within the domain of the NIA Court, to transfer the trial. The NIA has only the power to investigate the matter and not to seek transfer of trial, his counsel, Arnav Sood said. It was also argued that for the same offence, facts and circumstances, how could there be two FIRs, one by Punjab and another FIR by the NIA, which was registered on April 5, 2020.

The Centre’s counsel had told court that the Central government, on April 4, has passed the order on transfer of case. As of Punjab, it told the court that the state is not investigating the matter, as the investigation has been transferred to the NIA. “The questions whether such a direction could be treated as transfer of the trial and whether a second FIR could be registered on identical issues, require deliberations,” the bench said seeking response from Punjab and the Centre. The FIR was registered under the provisions of the Unlawful Activity (Prevention) Act, 1967 among other sections.