656 GI/2025

(1)

रजिस्ट्री सं. डी.एल.- 33004/99

REGD. No. D. L.-33004/99

xxxGIDHxxx

xxxGIDExxx

असाधारण

EXTRAORDINARY

भाग II—खण् ड 3—उप-खण् ड (ii)

PART II—Section 3—Sub-section (ii)

प्राजधकार से प्रकाजित

PUBLISHED BY AUTHORITY

गृह मंत्रालय

अजधसूचना

नई दिल्ली, 21 िनवरी, 2025

का.आ. 457(अ).—केंद्रीय सरकार ने, जवजधजवरुद्ध दियाकलाप (जनवारण) अजधजनयम, 1967 (1967 का

37) (जिसे इसमें इसके पश्चात् उक्त अजधजनयम कहा गया है) की धारा 3 की उपधारा (1) और उपधारा (3) द्वारा प्रित्त

िजक्तयों का प्रयोग करते हुए, भारत सरकार के गृह मंत्रालय की भारत के रािपत्र, असाधारण, भाग-2, खंड-3, उप-खंड (ii),

में प्रकाजित तारीख 9 िुलाई 2024 की अजधसूचना संखयांक का.आ. 2660 (अ) तारीख 8 िुलाई, 2024 (जिसे इसमें इसके

पश्चात् उक्त अजधसूचना कहा गया है) के अधीन जसखस फॉर िजस्ट्िस (एसएफिे) को जवजधजवरुद्ध संगम घोजित करने की अवजध

को 10 िुलाई, 2024 से अगले पांच विो के जलए जवस्ट्ताररत दकया था;

और, केंद्रीय सरकार ने उक्त अजधजनयम की धारा 5 की उपधारा (1) द्वारा प्रित्त िजक्तयों का प्रयोग करते हुए, भारत

सरकार के गृह मंत्रालय की भारत के रािपत्र, असाधारण, भाग-2, खंड-3, उप-खंड (ii) में प्रकाजित तारीख 02 अगस्ट्त,

2024 की अजधसूचना संखयांक का.आ. 3097 (अ), तारीख 02 अगस्ट्त, 2024 द्वारा जवजधजवरुद्ध दियाकलाप (जनवारण)

अजधकरण (जिसे इसमें इसके पश्चात् उक्त अजधकरण कहा गया है) का गठन दकया था, जिसमें दिल्ली उच्च न्यायालय के

न्यायाधीि, न्यायमूर्ति अनूप कुमार मेंिीरत्ता सजममजलत थे;

और, केंद्रीय सरकार ने उक्त अजधजनयम की धारा 4 की उपधारा (1) द्वारा प्रित्त िजक्तयों का प्रयोग करते हुए, इस

न्यायजनणियन के प्रयोिन के जलए दक क्या जसखस फॉर िजस्ट्िस (एसएफिे) को जवजधजवरुद्ध संगम के रूप में की गई घोिणा का

सं. 453]

नई दिल्ली, सोमवार , िनवरी 27, 2025/ माघ 7, 1946

No. 453]

NAW DELHI, MONDAY, JANUARY 27, 2025/MAGHA 7, 1946

सी.जी.-डी.एल.-अ.-29012025-260581

CG-DL-E-29012025-260581

2

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

जवस्ट्तार करने के जलए पयािप्त कारण है या नहीं, तारीख 02 अगस्ट्त, 2024, को उक्त अजधकरण को उक्त अजधसूचना संिर्भित

की थी;

और, उक्त अजधकरण ने, उक्त अजधजनयम की धारा 4 की उपधारा (3) द्वारा प्रित्त िजक्तयों का प्रयोग करते हुए, उक्त

अजधसूचना में की गई घोिणा की पुजि करते हुए तारीख 3 िनवरी, 2025 को एक आिेि दिया था;

अतः, अब, केंद्रीय सरकार, उक्त अजधजनयम की धारा 4 की उपधारा (4) के अनुसरण में उक्त अजधकरण के आिेि

को प्रकाजित करती है, अथाित्:-

---: अजधकरण का आिेि अंग्रेिी भाग में छपा है :---

न्यायमूर्ति अनूप कुमार मेंिीरत्ता, जवजध-जवरुद्ध दियाकलाप (जनवारण) अजधकरण

[फा. सं. 17014/27/2024 – IS -VII]

अजनल सुब्रमण्यम, संयुक्त सजचव

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 21st January, 2025

S.O.457 (E).–– Whereas, the Central Government in exercise of the powers conferred by sub-

sections (1) and (3) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) (hereinafter

referred to as the said Act), extended the declaration of Sikhs for Justice (SFJ) as an unlawful association for

a further period of five years from 10th day of July, 2024 vide notification of the Government of India in the

Ministry of Home Affairs number S.O. 2660(E), dated the 8th July, 2024, published in the Gazette of India,

Extraordinary, Part-II, Section 3, Sub-section (ii) dated the 9th July, 2024 (hereinafter referred to as the said

notification);

And, whereas, the Central Government in exercise of the powers conferred by sub-section (1) of

section 5 of the said Act constituted the Unlawful Activities (Prevention) Tribunal (hereinafter referred to as

the said Tribunal) consisting of Justice Anoop Kumar Mendiratta, Judge, High Court of Delhi vide

notification of the Government of India in the Ministry of Home Affairs number S.O.3097 (E) dated 2nd

August, 2024 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) dated 2nd

August, 2024;

And, whereas, the Central Government in exercise of the powers conferred by sub-section (1) of

section 4 of the said Act referred the said notification to the said Tribunal on the 2nd August, 2024 for the

purpose of adjudicating whether or not there is sufficient cause for extending the declaration of Sikhs For

Justice (SFJ) as an unlawful association;

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

3

And, whereas, the said Tribunal in exercise of the powers conferred by sub-section (3) of section 4

of the said Act, made an order on the 3rd January, 2025, confirming the extension of declaration made in the

said notification;

Now, therefore, in pursuance of sub-section (4) of section 4 of the said Act, the Central Government

hereby publishes the order of the said Tribunal, namely :-

UNLAWFUL ACTIVITIES (PREVENTION) TRIBUNAL,

NEW DELHI

Date of Decision: January 03, 2025

In the matter of:

Gazette Notification No.S.O.2660 (E) dated 08th July, 2024, published in the Gazette of India: Extraordinary,

Part II, Section 3(ii) on 09th July, 2024 extending the declaration of Sikhs for Justice (SFJ) as an “unlawful

association” under sub-sections (1) and (3) of Section 3 of the Unlawful Activities (Prevention) Act, 1967

(37 of 1967), for a further period of five years from 10th day of July, 2024.

And in the matter of:

Reference under Section 4 of the Unlawful Activities (Prevention) Act, 1967 made to this Tribunal

constituted in exercise of powers under sub-section (1) of Section 5 of the Unlawful Activities (Prevention)

Act, 1967 by the Central Government vide Gazette Notification No.S.O.3097(E) dated 02nd August, 2024.

CORAM:

HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

Present:

Mr.S.D. Sanjay, learned Additional Solicitor General (ASG) along with Mr.Rajat Nair,

Mr.Sabarish Subramanian, Mr.Jay Prakash Singh, Ms.Nikita Sethi, Mr.Shubham Mishra,

Mr.Khushal Kolwar and Mr.Dhruv Pande, Advocates for the Union of India.

Ms.Archana Varma, Director; Mr.Subodh Jayaswal, Under Secretary; Mr.Amit Kumar

Chandan, Section Officer and Mr.Kapil Rana, Assistant Section Officer, Ministry of Home

Affairs.

In attendance :

Mr.Jitendra Pratap Singh, Registrar, Unlawful Activities (Prevention) Tribunal.

O R D E R

1.

This order answers the Reference made by the Government of India, Ministry of Home Affairs,

pursuant to Section 4 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the

‘Act’/‘UA(P)A’ for short) for adjudicating whether or not there is sufficient cause for extending the

declaration of ‘Sikhs for Justice’ (‘SFJ’, for short) as an ‘unlawful association’.

The Tribunal has been constituted by the Central Government vide Gazette Notification

No.S.O.3097(E) dated 02nd August, 2024 in exercise of powers conferred by sub-section (1) of Section 5 of

the UA(P)A since the Central Government extended the declaration of Sikhs for Justice (SFJ) as an

“unlawful association” for a further period of five years from 10th July, 2024 vide Notification

4

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

No.S.O.2660(E) dated 08th July, 2024 published in the Gazette of India, Extraordinary, Part-II, Section 3,

sub-section (ii) dated 09th July, 2024. The copy of the notification is reproduced for reference:-

“MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 2nd August, 2024

S.O.3097(E).-Whereas, the Central Government has extended the declaration of Sikhs for

Justice (SFJ) as an unlawful association for a further period of five year from 10th July, 2024 vide

notification number S.O.2660(E), dated 08th July, 2024, published in the Gazette of India,

Extraordinary, Part-II, Section 3, Sub-section (ii) dated 9th July, 2024.

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 5 of the

Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby constitutes

an Unlawful Activities (Prevention) Tribunal consisting of Justice Anoop Kumar Mendiratta, Judge,

High Court of Delhi for the purpose of adjudicating whether or not there is sufficient cause for

extending the declaration of ‘Sikhs for justice (SFJ)’, as an unlawful association.

[F. No. 17014/21/2024-IS.VII (Part-II)]

ANIL SUBRAMANIAM, Jt. Secy.”

2.

The Notification No.S.O.2660(E) dated 08th July, 2024 extending the declaration of Sikhs for Justice

(SFJ) as an ‘unlawful association’ for a further period of five years with effect from 10th day of July, 2024

also enumerates the reasons as contemplated under Section 3 of the UA(P)A and is reproduced for reference:-

“MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 8th July, 2024

S.O. 2660(E).—Whereas, the Sikhs For Justice (hereinafter referred to as the SFJ), has been

indulging in activities, which are prejudicial to the internal security of India and public order, and

have the potential of disrupting peace, the unity and integrity of the country;

And, Whereas, the Central Government is of the opinion that the SFJ is indulging in the

activities which are prejudicial to the integrity and security of the country;

And, Whereas, the Central Government is of the opinion that following unlawful activities

indulged by the SFJ falls within the meaning of clauses (o) and (p) of sub-section (1) of section 2 of

the Unlawful Activities (Prevention) Act, 1967, namely: -

(i)

SFJ is involved in anti-national and subversive activities in Punjab and elsewhere, intended

to disrupt the sovereignty and territorial integrity of India;

(ii)

SFJ is in close touch with the militant outfits and activists, and is supporting violent form of

extremism and militancy in Punjab and elsewhere to carve out a sovereign Khalistan out of

territory of Union of India; and

(iii)

SFJ is encouraging and aiding the activities for secession of a part of the Indian territory

from the Union of India and supporting separatist groups fighting for this purpose in India

and elsewhere by indulging in activities and articulations intended to disrupt the sovereignty

and territorial integrity of India;

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

5

And, Whereas, the Central Government is further of the opinion that if the unlawful

activities of the SFJ are not curbed and controlled immediately, it is likely to –

(a)

escalate its subversive activities including attempts to carve out Khalistan Nation

out of the territory of Union of India by destabilising the Government established by

law;

(b)

continue advocating the secession of Punjab from the Union of India and formation

of Khalistan;

(c)

propagate anti-national and separatist sentiments prejudicial to the territorial

integrity and security of the country; and

(d)

escalate secessionist movements, support militancy and incite violence in the

country;

And, Whereas, the Central Government is also of the opinion that having regard to the

activities of the SFJ, it is necessary to declare the SFJ to be an unlawful association.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (3) of section 3

of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby

extends the declaration of the Sikhs For Justice (SFJ) as an unlawful association and directs that

this notification shall, subject to any order that may be made under section 4 of the said Act, have

effect for a further period of five years from 10th day of July, 2024.

[F. No. 17014/21/2024 – IS-VII]

ANIL SUBRAMANIAM, Jt. Secy.”

3.

Along with the Reference to this Tribunal, the Central Government has enclosed a Background Note,

as provided under Rule 5(ii) of the Unlawful Activities (Prevention) Rules, 1968 as amended upto date

which also refers to the cases registered against SFJ and its activities in India.

Gazette Notification No.S.O.3034(E) dated 29th July, 2024 has also been enclosed with Reference,

whereby in exercise of powers conferred by Section 42 of UA(P)A the powers exercised by the Central

Government under Section 7 & 8 of the said Act shall be exercised by the State Government of Assam,

Gujarat, Haryana, Himachal Pradesh, Jharkhand, Punjab, Rajasthan, Uttarakhand, Uttar Pradesh and the

Union Territory Administrations of Chandigarh, Jammu and Kashmir and National Capital Territory of Delhi

in relation to the Unlawful Association (Sikhs for Justice).

I.

HISTORY OF THE PROSCRIBED ORGANIZATION (SFJ)

4.

In short, as per the Background Note, Sikhs For Justice (SFJ) is registered under Section 501 (c) (3)

of Internal Revenue Code of USA and claims to be a non-profit, human rights advocacy group “striving to

create an environment in which minorities can freely exercise their right to self-determination” as enshrined

in the ‘Universal Declaration of the Human Rights’ and the ‘United Nations Covenant on Civil and Political

Rights’. The outfit also claims to provide the global Sikh community an international platform with a purpose

6

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

to lobby and to provide legal advocacy on issues involving human rights violations, racism, religious and

cultural intolerance, etc. and to advance political empowerment of Sikhs. The activities of SFJ are usually

undertaken from the office of its Legal Advisor Gurpatwant Singh Pannun, both in New York and in

California. SFJ’s address in New York is Empire State Building, 59th Floor, Fifth Avenue, New York, Tel:

+1-212-601-2699, Fax: +1-212-601-2610.

5.

It is further reflected in the Background Note that since over the years, SFJ has been involved in

intense secessionist and terrorist activities and keeping in view its repercussions for the security and integrity

of the country, SFJ was declared as an ‘Unlawful Association” under the provisions of sub-sections (1) and

(3) of Section 3 of the Unlawful Activities (Prevention) Act, 1967, vide a notification published on 10th July,

2019 for a period of five years.

6.

Further, despite being declared an unlawful association, SFJ’s anti-India activities have continued to

increase. In the garb of its professed aims and objectives, SFJ continues to aid and abet unlawful activities

and articulations intended to disrupt the sovereignty and territorial integrity of India. Therefore, it has become

necessary to extend the declaration of SFJ as an unauthorized association for a further period of five years

from 10 July, 2024 in the interest of country’s security and integrity.

7.

The Background Note further notices the objectives of SFJ and mentions that SFJ is propagating a

sovereign State of Punjab (Khalistan) and seeks to liberate Punjab from India and establish an independent

Sikh Homeland. The said objective is sought to be achieved through:

(a)

Propagating so called Referendum 2020 in countries having Sikh population and through

social media platforms. Various websites launched by SFJ propagate ‘right to Self-Determination

under International Law’ for the people of Punjab claiming that Punjabi is the common language

and the Sikhs being predominant in Punjab, they have the right to Self-Determination based on

language and religion, causing imputations and assertions prejudicial to national integration.

(b)

Aiding, abetting and instigating violence to disrupt the sovereignty and territorial integrity

of India. It also supports dissolution of India into several smaller states such as Punjab (Khalistan),

Kashmir, South India (Dravidstan), Muslim state (Urduistan), separate state for Christians from

Manipur.

(c)

Stake a claim for separate Sikh nation under the UN Charter.

8.

Apart from the objectives of SFJ as noticed above, the Background Note also refers to the activities

that the organization has been indulging which are prejudicial to the internal security of India and have the

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

7

potential of disrupting the peace, unity and integrity of the country. The same may be reproduced for

reference:

3.1

Sikhs for Justice has been indulging in activities, which are prejudicial to internal security

of India and public order, and have the potential of disrupting peace, the unity and integrity of the

country. The involvement of SFJ in anti-national activities has increased manifold since July, 2019.

However, declaration of SFJ as Unlawful Association in 2019 has helped the security agencies in

taking decisive action against the group and in censoring its hostile social media propaganda and

making an effective argument against SFJ to the western countries, where the organization is active.

3.2

From being a Khalistan advocacy group, SFJ has progressed over the years to an

organization indulging in intense secessionist propaganda against India, especially in foreign

countries. SFJ has been making concerted attempts to radicalise Sikh youth in India and abroad to

lure them into secessionist and terrorist activities. Many known terrorists are supporting SFJ and

are using the Referendum platform to radicalise, recruit and initiate Sikh youth into terror activities.

SFJ has made repeated attempts to incite various sections of the Indian society for sabotaging

sensitive installations and economic infrastructure by offering monetary rewards to youth for

undertaking secessionist and terrorist activities.

3.3

SFJ has repeatedly threatened India’s political leaders, government officers including

police, diplomats, judiciary and even their family members and relatives abroad. SFJ organises

‘justice rallies’, ‘genocide conferences’, ‘seminars’, ‘fund-raising rallies’, ‘freedom rallies’, protests

and filing of baseless court cases against visiting Indian dignitaries abroad (Europe/Canada/USA)

to defame them and to fan anti-India sentiments among the Sikh diaspora. The activities of SFJ are

usually carried out from the office of its Legal Adviser, Gurpatwant Singh Pannun (GSP), both in

New York and in California. GSP had instigated the protesting Indian farmers to arm themselves

and fight the Indian forces and stated that the weapons would reach them from across the border.

SFJ and GSP are threatening Indian Missions under the ‘Kill India’ campaign in Canada, USA, UK,

Italy, Germany, Portugal and Australia. SFJ has threatened various Indian dignitaries, political

figures, diplomats and senior government officers. SFJ has also been inciting to disrupt important

events such as the Cricket World cup. Many known terrorists are supporting SFJ and are using the

Referendum platform to radicalise, recruit and initiate Sikh youth into terror activities. Holding the

Indian Government to be responsible for the recent death or killings of foreign based SFJ activists

or sympathisers, SFJ has threatened to avenge the same.

3.4

SFJ has also been inciting Sikh personnel in Army and Police forces to desert. SFJ has been

colluding with gangsters, terrorists and other radical elements including Kashmiri separatists.

Besides, SFJ continues to receive support from Pakistan. Of late, SFJ has also been inciting Muslims,

Tamils and Christians from Manipur to secede from India. Currently, around 104 cases have been

8

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

registered against SFJ activists or sympathizers in India by State or UT police and NIA under various

sections of UA(P)A, 1967; IPC; Arms Act, 1959; IT Act, 2000 and various other applicable laws.

3.5

The NIA has filed 08 cases against SFJ/GSP for various terrorist and subversive activities

aimed to promote divisive agenda targeting the sovereignty and integrity of India. SFJ has threatened

vital installations and had attempted to sabotage Railways by removing clips and clamps, thereby

endangering lives and causing terror. SFJ had particularly targeted trains ferrying poor migrant

labour to take revenge for the recent killings of Pro-Khalistan elements based abroad. SFJ also

threatened to disrupt coal supply to thermal power plants.

3.6

The various activities of SFJ are detailed below:-

(i)

Referendum 2020: SFJ organised a Geneva Convention for its Referendum 2020 wherein

it announced the starting of voter registration for Sikh people of all the countries except India with

the launch of a web portal. Around 25 websites were launched for registration of voters from Punjab.

SFJ announced to carry out door to door voter registration in Punjab and to pay a monthly stipend

of Rs. 7500 for execution of this registration. Appeal was issued to Shiromani Gurdwara Parbandhak

Committee members, Panchayat members and Sarpanches to support the voter registration process

and they were threatened not to leak out any information to the police. While SFJ has failed to gain

any traction amongst the Sikh community in India, it has carefully worked around the laws in western

countries to amplify its aggressive anti-India campaign. SFJ held the so called ‘voting’ for its

‘Khalistan Referendum’ in UK, Italy, Australia, Canada, US, Switzerland and Austria.

(ii)

Incitement to violence: SFJ continues to incite people for indulging in subversive and

terrorist activities. SFJ has been inciting the Indian Sikh jathas travelling to Pakistan for pilgrimage,

to access its websites. SFJ has been undertaking recruitment of underprivileged Sikh youths by SFJ

for carrying out pro-Khalistan propaganda and conducting terrorist acts or other subversive

activities in lieu of money. SFJ activist have been found to be involved in promoting enmity and other

subversive activities having a potential to inflame communal tensions and disrupt harmonious co-

existence of communities of India. Such elements are found to be receiving instructions and other

support from Pak ISI handers and Gurpatwant Singh Pannun. On 17.01.2023, Pannun announced a

monetary reward of $500,000 for targeting Delhi and raising Khalistani flag in Delhi on 26th

January, 2023 to disrupt India's Republic Day celebrations. In a recent video posted by Pannun (02

August), he announced that SFJ will pay 15 lakh dollars to any Sikh soldier who stops PM Modi and

burns the Indian flag on August 15.

Dividing people on communal lines by provoking minority communities against the other

communities has become a major tool for SFJ to push up its anti-India agenda. SFJ have been

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

9

inciting the Christian community in Manipur to raise their voices for a ‘separate country’, the people

of Tamil Nadu to raise flags of ‘Dravidstan’ and have been stoking Muslim sentiments by raising the

bogey of ‘minority persecution’ and exhorted the Muslims of India to carve out a separate

‘Urduistan’. Further, SFJ urged the Dalits of India to extend support for its secessionist exercise,

citing their ‘persecution’ in the hands of Indian Government. SFJ has also been involved in

provoking the farmers of Punjab and Haryana over Farm bills.

(iii)

SFJ’s Propaganda: SFJ’s subversive activities undermine the democratic fabric of the

country by seeking to challenge the sovereignty of the Indian state. SFJ has employed various tactics

to advance its agenda which includes organization of rallies, conducting social media campaigns

and lobbying international bodies to support the cause. ‘Khabardar Punjab’, ‘Liberate Punjab from

Indian Occupation’, ‘Tasveer-e-Punjab’, ‘Awaz-e-quam’, ‘Ajadi hi Hal’, ‘Inquilab’, ‘Jawab

Mangda Punjab’, etc are some of the programmes initiated by SFJ over various social media

platforms in different countries. Youth have been used for activities such as planting Khalistan flags

on Government Schools, offices of government authorities such as the District Collector, Sub-

Divisional Magistrate, etc.; writing ‘Khalistan-2020’ and ‘voter bano’ for Referendum, slogans on

sign boards, walls and government offices, removing clips on railway tracks, burning of the Indian

flag on railway tracks and scribbling “Khalistan Zindabad” slogans. SFJ has been making highly

inflammatory statements and spreading misinformation to provoke the minority communities in order

to push up its anti-India agenda.

(iv)

Links and propaganda in other countries: The Pak ISI has been supporting SFJ and its

agenda. Following Canada’s statement linking the killing of Hardeep Singh Nijjar with Indian

agencies, SFJ activists had raised pro-Khalistan and anti-India slogans while holding the flags of

Khalistan outside United Nations Headquarters in New York and also carried out protests outside

the Indian Missions in USA, UK, Australia, etc. Indian National Flag was also desecrated by the

protestors. SFJ has been trying to project itself as the well-wisher of other countries (viz. China and

Pakistan) and seeking their support for its Referendum 2020 agenda. SFJ had shared a video

message that it will reimburse the service fee of $20 to the people of Punjab who will be visiting

Kartarpur Sahib and had urged the Sikh pilgrims at Kartarpur Sahib to use Google App “2020 Sikh

Referendum”. SFJ called Kartarpur Sahib Corridor as Bridge to Khalistan.

SFJ has claimed to have conducted a number of campaigns for sending bulk emails to

International organizations and to the governments of foreign nations for getting publicity and to

fuel up its anti-India agenda.

SFJ has been holding anti-India protests outside Indian Embassies or Consulates or High

Commissions to raise Khalistan flags to counter India’s Republic Day celebration in different

10

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

countries. During such protests, SFJ and its sympathizers have been dishonoring the Indian national

flag and burning of copies of the Constitution of India. They often indulge in violence and vandalizing

of the property. At several venues, these protest events have been organized by SFJ with active

support of the Pak Missions and in tandem with multiple ISI backed Pakistani Diaspora outfits and

Kashmiri diaspora. SFJ gave a call for besieging the Indian Embassies in Canada, USA, UK,

Portugal, Italy, Germany and Australia and disrupting independency day celebrations at the Indian

Missions, in opposition to killing of Khalistani operatives abroad. SFJ released a video depicting

burning of the Indian national flag and ashes of the same were sent to the High Commission of India,

Ottawa on August 15, 2020.

SFJ is reported to have attempted political lobbying abroad with a view to coerce Indian

Government to repeal the CAA and represented to the USCIRF against CAA and abrogation of

Article 370 under the banner of ‘Khalistan Kashmir Referendum Front’ (KKRF).

Hindu targeted hate crimes, primarily in Canada and Australia have been increasing and

there have been a rising numbers of instances, where Hindu temples are being defaced with pro-

Khalistan/anti-India graffiti, often aligned with the ‘propaganda calls’ of SFJ. After the deadly ISIS

attack at Gurdwara Kart-e-Parwan, Kabul, Afghanistan, SFJ exhorted the ISIS to target the Indian

Embassies instead of Gurdwaras.

Following the killing of Nijjar, SFJ held protest car rallies worldwide on July 08, 2023 titled

‘Kill India Rally’ outside Indian missions in US, Canada, UK, Germany and Australia and posters

featuring photographs of Indian diplomats were circulated by SFJ.

(v)

Links with other separatists, terrorists, gangsters and radical elements: Beside its links with Pakistan,

SFJ also has links with militants and gangsters abroad. SFJ has claimed the responsibility for committing

terrorist acts in India and its activists are involved in terror funding in India. SFJ has been found associating

with gangster elements abroad to propel its secessionist campaign. It has been revealed that Gurupatwant Singh

Pannun actively conspired with the members of other Pro-Khalistani entities (PKEs) based in various countries

like UK based Paramjit Singh alias Pamma, a Babbar Khalsa International (BKI) terrorist, Canada based

Hardeep Singh Nijjar, Khalistan Tiger Force (KTF) terrorist and several overseas Punjab based Khalistani

separatists/terrorists, with a view to incite pro-Khalistan sentiments and to revive terrorism in the State of Panjab

and other parts of India. SFJ had called upon the gangsters of the Punjab, Haryana and Rajasthan to join SFJ’s

Khalistan Referendum campaign and also offered ‘bail money’ to the jailed gangsters for joining hands with SFJ.

After the abrogation of Article 370, SFJ had started a campaign on social media to get the support from

Kashmiri separatists for its own Referendum 2020 agenda. SFJ has urged Sikhs and Kashmiris to observe 15th

August as ‘Black Day’.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

11

(vi)

Threats to important persons: Gurupatwant Singh Pannun has issued threats of dire consequences to

the Prime Minister Shri Narendra Modi, Home Minister Shri Amit Shah and the External Affairs Minister Dr S.

Jaishankar. SFJ has also been threatening the Chief Minster and Ministers of Punjab, National Security Advisor,

R&AW Chief, senior police and other government officers, diplomats, judges and other legal practitioners;

targeting Indian Missions and Indian diplomats in different countries. Pannun has announced a reward of

$2,50,000 for murdering Lieutenant General Kuldip Singh Brar, Major General Keshav Padha, Brigadier lsrar

Khan and Colonel Jasbir Rana for attacking Darbar Sahib in June, 1984. He also threatened the senior officials

of Government of India and the officers of Law Enforcement Agencies. On 03.06.2023, Pannun, through a video

message, admitted that on his instructions, Pro-Khalistani slogans, “84 Indira Thoki, 86 Vaidya Thokea, 2024

KS Brar Thoko, $1 Million- SFJ Khalistan Zindabad" were inscribed by SFJ activists at the native village of

Lieutenant General K S Brar who headed Operation Blue Star. He also announced a reward of $ 1 Million for

sharing information on whereabouts of Lieutenant General K S Brar. Through an official letter, SFJ warned NIA

and Punjab Police over the arrest of Cypress based Gurjeet Singh Nijjar.

Pannun is reported to have raised substantial funds for commission of terrorist acts and killings of

important leaders, public figures and functionaries to overawe the government and the Indian public at large and

intends to use the same for commission of terrorist acts for the ultimate objective of creation of Khalistan. SFJ

has also claimed to have prepared a list of children of Police officers and politicians who are studying in foreign

countries to take revenge, if its activists are tortured.

On 09.06.2020, Gurupatwant Singh Pannun threatened Captain Amarinder Singh the then Chief

Minister of Punjab, Badals and Bhagwant Mann to meet same condition as Indira Gandhi and Beant Singh. On

28.08.2021, he again threatened Captain Amarinder Singh, by stating that he must remember Dilawar Singh

Babbar who has carried out the Referendum through bomb in 1995 which killed Beant Singh.

Photographs of Indian diplomats [Ambassador Vikram Duraiswami, Ambassador Tranajot Singh

Sandhu, Ambassador Sanjay Kumar Varma, Shri Aseem R. Mahajan, Dr. Shashank Vikram, Ms. Apoorva

Srivastava and Shri Manish] have been circulated by Pannun mentioning them as ‘Killers in UK’/ ‘Killers in

USA’/’Killers in Canada’/ ‘Killers in Australia’ blaming them for killing of Hardeep Singh Nijjar and

prominently displaying ‘Kill India posters’, thus making Indian diplomats vulnerable and putting at risk the lives

of senior Indian diplomats, officials and their families posted in various countries.

(vii)

Threat to disrupt events and target infrastructure: SFJ was involved in activities targeting

the G-20 Summit 2023 in New Delhi. It issued an open letter to Foreign Ministers of participating

countries, seeking their support to ‘Khalistan Referendum’. SFJ has been threatening to disrupt the

road, rail and air transportation systems and other vital installations and infrastructures. SFJ

activists removed clips of railway track and scribed “Khalistan Zindabad”, burnt Indian tri-color

on railway track. SFJ has given a call to burn the Indian Constitution and Indian National Flag on

12

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

26th January and 15th August. On 14th March 2023, SFJ activists/ sympathizers had removed the clips

of the Railway track at village Lehra Mahout, district Bhatinda. Around 50 clamps were removed

from the Railway Track near Pathrala Railway Station (Punjab) on 17th/18th March, 2023 on the

directions of Pannun, thereby endangering the life of passengers travelling by the train, halting the

economic activity as well as causing terror in the minds of the people.

Pannun and his associates

also exhorted Pro-Khalistani Elements (PKEs) to sabotage railway tracks in Punjab to cause

derailment/accident of passenger and goods trains, particularly those ferrying migrant labourers to

take revenge of recent killings of PKEs based abroad. The railway track located between Ludhiana

and Sirhind is learnt to be preferred target for the attack.

Earlier, on 15 Aug, 2022 which marked the 75th Anniversary of Independence, Pannun threaten that

SFJ will plunge India into darkness by disputing coal supply to thermal power plants. He also published video

footage of Railway Clips being removed by his associates outside Rajiv Gandhi power plant Hissar, Haryana.

On 22nd March 2023, he provoked the people of Punjab to counter-attack by targeting Pragati III power plant to

shut down Delhi. Later, on 16.05.2023, Pannun called upon Kashmiri separatists to target/block Srinagar Airport

in order to warn G-20 delegates arriving to attend G-20 Summit in Kashmir.

French President Macron, who was the Guest of Honour for the Republic Day, 2024, was targeted

by SFJ accusing him of assisting the Indian Prime Minister in his ‘quest’ to suppress freedom of

Speech and expression of Khalistanis.

(viii)

Instigation of Army, Police and Government officials for desertion: SFJ, has been trying

to provoke on social media, the Sikh Soldiers of Indian Army for Mutiny by asking them to leave the

Indian Army and join SFJ. Gurpatwant Singh Pannun had urged Sikh Soldiers to join the SFJ

movement and offered Rs 5000/- more than the salary given by Indian Government. He also tried to

provoke the Sikh soldiers posted in Ladakh to not to fight for India against Chinese aggression.

Pannun also tried to provoke the Punjab Police officials urging them not to stop farmers going to

Jalandhar, Pathankot and Abohar and to stop the Prime Minister for his upcoming rallies. Pannun

had called upon the Punjab Police personnel to follow the footsteps of slain militant Dilawar and to

support Khalistan Referendum.

(ix)

Court cases filed against Indians: SFJ is not only spreading anti India propaganda through

organizing protests/pro-Khalistan rallies against Indian dignitaries but also filing baseless court

cases against visiting Indian dignitaries abroad (Europe, Canada and USA) to defame them and ban

anti-India sentiments among the Sikh diaspora.

(x)

Cases registered against SFJ in India: Several cases have been registered against SFJ in

Punjab, Delhi, Chandigarh, Himachal Pradesh, Haryana, Rajasthan and Assam and after it being

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

13

declared as unlawful Association. A total number of 104 cases are currently registered in India

against SFJ. 96 cases have been registered by State/UT Police and 08 cases by the NIA. Details are

at Annexure- II

State/UT

Cases

Registered

Cases Solved/ cases where

arrests made

Number of Arrests

Punjab

55

32

105

(After removing

duplicity as in a

number of instances

one person is accused

in multiple cases)

Haryana

13

06

Chandigarh

01

00

Delhi

13

06

Himachal

Pradesh

06

05

Uttarakhand

01

01

Gujarat

02

01

Assam

03

00

Rajasthan

01

01

Jharkhand

01

00

Total

96

52

9.

The Central Government has further relied upon FIRs registered under provisions of Unlawful

Activities

(Prevention)

Act, 1967, Indian Penal Code and other laws as reflected in Annexure-II to the Reference Note, to arrive at

a subjective satisfaction that declaration of SFJ as an “Unlawful Association” under the provisions of UA(P)A

is to be extended for a further period of five (5) years with effect from 10th day of July, 2024. The list of FIRs

mentioned in Annexure-II to the Reference Note along with the gist of the cases and updated status is

reproduced for reference:-

“Annexure-II

“Details of Cases currently registered against SFJ and its activists in India.

Sl.

No.

Case particulars

Incidents involved

Arrests made

Latest status

of cases

Punjab (55 cases)

1.

FIR No. 93 dated

06.08.2016 u/s 10, 11,

13, 17, 19, 38, 39

UA(P)A, 1967 and 25

Arms

Act

at

PS

Chabewal,

District

Hoshiarpur

The case is related to

the first ever SFJ

module raised in India

by Italy based Avtar

Singh @ Tari and USA

based Harjap Singh

Jhapi. 15 ‘Referendum

2020’

T-shirts,

Khalistani flags, three

firearms

and

40

rounds were recovered

(04)

(i)

Jaspreet

Singh

(s/o

Kulwinder

Singh, r/o Village

Handowal,

PS

Chabbewal

District

Hoshiarpur,

Punjab)

Verdict in the

case was

delivered on

03.04.2019.

One accused

(Bikramjeet

Singh) was

acquitted Two

accused

(Hardeep

Singh and

14

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

from possession of the

module members. The

accused were tasked

to

target

sacrilege

offenders in Punjab.

(ii) Hardeep

Singh

(s/o

Mohan

Singh, r/o Village

Jallowal,

PS

Chabbewal,

District

Hoshiarpur,

Punjab)

(iii) Kuldeep

Singh

(s/o

Harvinder

Pal Singh, r/o H.

No. 135, Gali No.

6,

Mohalla

Sheikhan,

Hoshiarpur,

Punjab)

(iv) Bikramjeet Singh

(r/o

Village

Annaikot Kalan,

Batala,

District

Gurdaspur,

Punjab)

Kuldeep

Singh) were

awarded two

years of

imprisonment.

Module leader

Jaspreet Singh

was awarded

three years’

imprisonment.

Two abroad

based

handlers

(Avtar Singh/

Italy & Harjap

Singh/USA)

were declared

PO in the case

on 15.12.2016

&23.01.2018

respectively.

2.

FIR No. 149 dated

06.07.2017 u/s 123,

124-A, 153-A, 153-B,

120-B of Indian Penal

Code (IPC) and

Sedition Act at PS

Sohana, SAS Nagar

The case was registered

after

a

series

of

posters/hoardings

of

‘Khalistan Referendum’

was sighted at nearly 40

outdoor sites in different

places of Punjab. Two

persons

were

subsequently arrested in

this connection and the

posters

were

found

having

been

printed

from one Jammu based

(02)

(i)

Harpunit

Singh

(s/o

Gurdyal

Singh, r/o Chak

Mussa,

PO

Deblehar, PS R.S

Pura,

District

Jammu)

(ii) Gurpreet

Singh

(r/o

Phase

5,

The case is

under

trial.

Both

the

accused were

granted

interim bail on

15.11.2017.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

15

‘SK Publicity Printing

Press’, run by one

Harpunit

Singh.

Besides, three New York

(USA)

based

SFJ

proponents were also

booked in the case, viz.

Gurpatwatnt

Singh

Pannun (o/r/o Village

Khankot,

District

Amritsar,

Punjab),

Jagdeep Singh @ Baba

Jagg

Singh

(o/r/o

Fatehgarh

Sahib,

Punjab) and Jagjeet

Singh (o/r/o Jammu).

Industrial

Area,

Mohali, Punjab)

3.

FIR No. 26 dated

02.04.2018 u/s 436,

511, 120-B IPC at PS

Sadar Banga, district

SBS Nagar

The case is related to

busting of a module of

SFJ, which was

responsible of arsoning

liquor vends and

putting up pro-

Khalistan

posters/banners as per

instructions of their

then Malaysia based

handler Kulvir Kaur

and Pakistan based

Fateh Singh. Handler

Kulvir Kaur was later

arrested on 15.08.2019

on her arrival in India

from Malaysia.

(06)

(i)

Manvir Singh (s/o

Bahadur

Singh,

r/o VPO Khan

Khana,

District

Nawanshahr,

Punjab)

(ii) Lakha Singh (s/o

Sukhdev

Singh,

r/o Village Salana

Bet,

PO

Hambowal

Bet,

Machhiwara,

District

Ludhiana,

Punjab)

(iii) Jaspreet

Singh

(s/o

Santokh

The case is

under trial. All

the

accused

have

been

granted bail.

16

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

Singh, r/o VPO

Khan

Khana,

District

Nawanshahr,

Punjab)

(iv) Sukhwinder Singh

(s/o Sahib Singh

r/o r/o VPO Khan

Khana,

District

Nawanshahr,

Punjab)

(v) Randhir

Singh

(r/o VPO Khan

Khana,

District

Nawanshahr,

Punjab)

(vi) Kulvir Kaur @

Deep Kaur (d/o

Gurbaksh Singh

@ Bhola Singh,

w/o

Sanjeev

Kumar,

r/o

Village Mom, PS

Mahil

Kalan,

District Barnala,

Punjab)

4.

FIR No. 46 dated

31.05.2018 u/s 307,

438, 427, 148, 149,

121, 121A, 122, 124A,

115, 120B IPC,

11/12/13/17/18

UA(P)A, 25/54/59

Arms Act &66-F IT Act

The

case

involves

busting of a module of

SFJ, which was found

inter-connected with the

module at Sl. No. 3. This

module

members

torched a liquor vend at

Panjgrain,

Batala,

(07)

(i)

Kirpal

Singh

Aulakh

(s/o

Karnail

Singh

Aulakh,

r/o

Fatehpur

Nawanpind,

PS

Valtoha, District

The case is

under trial. All

the

accused

are currently

out on bail.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

17

at PS Ranger Nagal,

Batala, District

Gurdaspur

owned by one Balraj

Singh, in the intervening

night of May 30/31,

2018 on the instructions

of then Malaysia based

handler Kulvir Kaur

and

Pakistan

based

Fateh Singh.

Tarn

Taran,

Punjab)

(ii) Dharmindar

Singh

@

Commando

(s/o

Sarabjit

Singh,

r/o

Village

Harpura,

PS

Ghuman, District

Gurdaspur,

Punjab)

(iii) Ravinder

Singh

@

Harvinder

Singh @ Raja (s/o

Sadhu Singh, r/o

Village

Daulatpur,

PS

Wadala

Granthian,

District

Gurdaspur,

Punjab)

(iv) Harnam

Singh

(s/o

Lachhman

Singh, r/o village

Chakrala,

Kartarpur,

District

Kapurthala,

Punjab)

(v) Nirmal

Singh

(sibling

of

aforesaid

18

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

Harnam Singh at

Sl. No. (iv), s/o

Lachhman Singh,

/o

village

Chakrala,

Kartarpur,

District

Kapurthala,

Punjab)

(vi) Varinder Singh

(vii) Kulvir Kaur @

Deep Kaur (d/o

Gurbaksh Singh

@ Bhola Singh,

w/o

Sanjeev

Kumar,

r/o

Village Mom, PS

Mahil

Kalan,

District Barnala,

Punjab)

(Accused Kulvir Kaur

is accused in one more

case in the list at Sl.

No. 3.)

5.

FIR No. 87 dated

19.08.2018 u/s 505 IPC

PS

City-1,

district

Mansa

This case was

registered after the

accused pasted posters

of ‘Referendum 2020’

outside the office of

Mansa based Shiv Sena

leader Harminder Pal

Bansal near Bhagat

Singh Chowk, Mansa

City. The accused were

(03)

(i) Hardam Singh (s/o

Tek

Singh,

r/o

Khokhar

Road,

Ward

No.

26,

District

Mansa,

Punjab)

(ii) Karamjit Singh (s/o

Gurdial Singh, r/o

Near Guru Nanak

Not available

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

19

arrested in the case on

07.12.2018.

Hospital, Ward No.

27, District Mansa,

Punjab)

(iii) Pardeep Singh (s/o

Nirpal Singh, r/o

Near

Sidhu

Hospital, Ward No.

2, District Mansa,

Punjab)

(Two of these three

accused are also

booked in another case

in the list at Sl. No. 12)

6.

FIR No. 152 dated

19.10.2018 u/s 124A,

153B, 120B of IPC at

PS

Sultanwind,

Amritsar

This case was

registered on the basis

of secret information

that Sukhraj Singh @

Raju and his associates

are receiving funds

from abroad for the

publicity of ‘Khalistan

Referendum’. They

prepared cloth banners

of Khalistan and put

them at various places

in Amritsar City.

(14)

(i)

Sukhraj Singh @

Raju (s/o Balwant

Singh, r/o Patti

Beniwal,

Sultanwind,

District Amritsar,

Punjab)

(ii) Malkiat Singh @

Meetu (s/o late

Baljit Singh, r/o

H. No. 422, Patti

Beniwal,

Sultanwind,

District Amritsar,

Punjab)

(iii) Bikramjit

Singh

@

Vicky

(s/o

Sardool Singh, r/o

Village Jallupur

Khera, PS Beas

NIA took over

the case and

re-registered it

vide RC No.

19/2020/NIA/

DLI

dated

05.04.2020.

20

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

District Amritsar,

Punjab)

(iv) Harpreet Singh @

Happy

(s/o

Sakattar

Singh,

r/o

Village

Naushera

Pannunan,

District

Tarn

Taran, Punjab)

(v) Gurwinder Singh

@ Gurpreet Singh

@ Gopi (s/o Jagir

Singh, r/o Patti

Desuwala, VPO

Naushera

Pannunan,

District

Tarn

Taran, Punjab)

(vi) Manjit Singh @

Manga

(s/o

Dharam

Singh,

r/o Patti Fallian

Di,

Khadoor

Sahib,

District

Tarn

Taran,

Punjab)

(vii) Jatinder Singh @

Varinder Singh @

Goldy

(s/o

Balwinder Singh,

r/o Patti Fallian

Di,

Khadoor

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

21

Sahib,

District

Tarn

Taran,

Punjab)

(viii) Harmeet Singh @

Raju (s/o Vijay

Singh, r/o H. No.

X/1545, Street No.

8,

Rajgarh

Colony,

Gandhi

Nagar,

New

Delhi)

(ix) Sukhmandar

Singh @ Gopi

(s/o

late

Gursewak Singh,

r/o Village Tehna,

District Faridkot,

Punjab)

(x) Roofal @ Rahul

Gill (s/o Sardari

Lal, r/o Gali No.

1, New Kailash

Colony,

QadiyanChungi,

Tehsil

Batala,

District

Gurdaspur,

Punjab)

(xi) Kuldeep

Singh

(s/o

Dharam

Singh, r/o Patti

Fallian

Di,

Khadoor

Sahib,

22

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

District

Tarn

Taran, Punjab)

(xii) Gopi (r/o Guru

Gobind

Singh

Nagar,

District

Bathinda)

(xiii) Pargat Singh (s/o

Mehar Singh, r/o

H.

No.

137,

Village Tarmala,

Tehsil

Malout,

District Muktsar,

Punjab)

(xiv) Name

unavailable

7.

FIR No. 179 dated

22.10.2018 u/s 25 Arms

Act at PS Samana,

Patiala

Accused German Singh

was the mastermind of

the incident of looting of

arms from Chausana

Police

Chowki

in

Shamli, Uttar Pradesh

on 02.10.2018. He was

arrested on 18.10.2018

from

Bikaner,

Rajasthan, along with

recovery of one rifle and

two

pistols.

German

Singh

was

highly

influenced

by

the

propaganda of SFJ and

wanted

to

target

SAD/Badal

leader

Sukhbir Singh Badal for

avenging

the

Police

(02)

(i)

German

Singh

(s/o

Kulwant

Singh,

r/o

Azizpur,

PS

Jhinjhana,

Shamli,

Uttar

Pradesh)

(ii) Ishwar Singh (s/o

Rajinder

Singh,

r/o H. No. 439,

Adarsh

Colony,

Balongi, Kharar,

Mohali, Punjab)

Not available

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

23

firing at Behbal Kalan,

whereas accused Ishwar

Singh

sought

to

eliminate

Baba

Ajit

Singh

of

DamdamiTaksal/

Chowk Mehta.

8.

FIR No. 132 dated

31.10.2018,

u/s

13/16/18/20

UA(P)A,

3/4/5

Explosive

Substances

Act,

25

Arms Act & 120-B IPC

at PS Lahori Gate,

Division No. 4, Patiala

The case was relating to

busting

of

a

‘Referendum’

module

handled

by

one

Shabnamdeep

Singh,

self-styled founder of

‘Khalistan

Gadar

Force’,

who

was

indoctrinated

by

Pakistan based Gopal

Singh

Chawla

and

Harmeet Singh @ PhD

(since

dead).

Police

recovered one country

made

pistol,

six

cartridges, one hand

grenade and letter pads

belonging to ‘Khalistan

Gadar

Force’

from

Shabnamdeep Singh.

(05)

(i)

Shabnamdeep

Singh

(s/o

Jasbeer Singh, r/o

Daftariwala,

Burar,

Samana,

District Patiala,

Punjab)

(ii) Gursewak Singh

(s/o Labh Singh,

r/o

Ratangarh,

Chhindrah,

PS

Dirba,

Sangrur,

Punjab)

(iii) Jatinder Singh @

Binder

(r/o

Fatehpur Majri,

PS

Samana,

District Patiala,

Punjab)

(iv) Ramesh

Kumar

(s/o Mia Singh,

r/o Riwar Jagir,

village

Ghuhla,

PS

Cheeka,

district

Kaithal,

Haryana)

The case is

under trial. All

the

accused

except module

leader

Shabnamdeep

Singh

have

been granted

bail.

24

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

(v) Vinod Kumar (s/o

Mewa Singh, r/o

Ward No. 4, Amba

Colony,

PS

Cheeka,

district

Kaithal,

Haryana)

9.

FIR No. 03 dated

15.03.2019

u/s

25/54/59 Arms Act &

13 UA(P)A at PS SSOC

Amritsar

On 15.03.2019, SSOC

Amritsar arrested the

three

accused

near

Amritsar

bus

stand,

along with recovery of

one magazine of .32

bore pistol and five live

cartridges.

Later,

posters/ pamphlets of

‘Referendum 2020’ were

also

recovered

from

accused Baljit Singh.

(03)

(i) Baljit Singh (s/o

Karnail Singh, r/o

near

Cheema

Dairy,

FatehgarhChurian

Road,

Ajnala,

District

Amritsar,

Punjab)

(ii) Jagdev Singh @

Jagga

(s/o

Mukhtiar Singh, r/o

Gurdwara

6thPatshahi, Baba

Bakala,

District

Amritsar, Punjab)

(iii) Manjit Singh (s/o

Sawinder Singh, r/o

Village

Jharunangal,

Kilchian,

District

Amritsar, Punjab)

The case is

under

trial.

Accused

Manjit Singh

was

released

on bail. The

rest

two

accused have

not

been

granted bail.

10.

FIR No. 25 dated

21.03.2019 u/s 121,

124-A

IPC

PS

Anandpur

Sahib,

District Ropar

On

21.03.2019,

a

Mahindra

tractor

without number plate

was

found

roaming

around

the

city

of

00

Under

investigation

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

25

11.

FIR No. 26 dated

21.03.2019 U/S 121,

124-A

IPC

PS

Anandpur

Sahib

District Ropar

Anandpur Sahib. The

tractor was carrying/

displaying banner of

‘Referendum 2020’ and

the persons riding the

tractor

gave

violent

speeches.

12.

FIR No. 111 dated

15.08.2019

u/s

25/54/59 Arms Act at

PS City-2, Mansa

The case was registered

against the six accused,

after they were found in

possession

of

one

country made pistol and

20 live cartridges. The

accused were promoting

‘Khalistan Referendum’

in

their

locality

in

Mansa were intending

to target Shiv Sena

leader Harminder Pal

Bansal. Notably, two of

the accused in this case,

viz. Pardeep Singh and

Hardam

Singh,

had

earlier

pasted

pro-

Khalistan

banners

outside the office of

Harminder Pal Bansal

at Mansa City in August

2018.

In

this

connection,

another

case was registered (Sl.

No. 5) at PS City-1,

Mansa and the duo

remained

lodged

in

prison for some time.

(06)

(i) Pardeep

Singh

(s/o Nirpal Singh,

r/o Ward No. 2,

Mansa, Punjab)

(ii) Hardam

Singh

(s/o Tek Singh, r/o

Ward

No.

26,

Mansa, Punjab)

(iii) Balwinder Singh

Aulakh (r/o Ward

No.

1,

Mansa,

Punjab)

(iv) Gurmeet

Singh

(s/o Prem Singh,

r/o Ward No. 6,

Mansa, Punjab)

(v) Sandeep

Singh

(s/o Ruldu Singh,

r/o Ward No. 25,

Mansa, Punjab)

(vi) Rajinder

Singh

(s/o

Kashmir

Singh, r/o Ward

Not available

26

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

No. 25, Mansa,

Punjab)

(Two

of

these

six

accused

are

also

booked in another case

in the list at Sl. No. 5)

13.

FIR

No.

7

dated

01.02.2020 u/s 384,

387, 506, 294, 385 IPC

at PS Phase-XI, Mohali

The case was related to

busting of a module of

self-radicalized youths,

who were promoting

‘Khalistan Referendum’

in their locality as per

instructions

of

their

Pakistan handlers as

well as planning to

commit targetted killing

of leaders of right wing

Hindu outfits.

(04)

(i) Brahmjot

Singh

(s/o Baljeet Singh,

r/o

village

Khudda

Khurd,

PS Mahesh Nagar,

Ambala

Cantonment,

Haryana)

(ii) Harshdeep Singh

(s/o

Sukhdev

Singh, r/o village

Ghardola,

PS

Chhapar, District

Yamunanagar,

Haryana)

(iii) Amandeep Singh

(s/o Satpal Singh,

r/o H. No. 766,

Basant

Nagar,

Jagadhari,

Yamunanagar,

Haryana)

(iv) Ravi Kumar @

Ravi Singh Khalsa

(s/o Shiv Kumar,

r/o village Barri

Not available

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

27

Rasaur,

PS

Naraingarh,

Ambala,

Haryana)

14.

FIR

No.

5

dated

10.04.2020 at PS SSOC

Mohali u/s 124A IPC,

10A, 13(1) UA(P)A

The case is related to

dissemination

of

seditious content by SFJ

through Tele Marketing

calls during first wave

of Covid-19 lockdown.

00

Under

investigation

15.

FIR

No.

6

dated

10.04.2020 at PS SSOC

Mohali u/s 124A IPC,

10A, 13(1) UA(P)A

00

Under

investigation

16.

FIR

No.

7

dated

10.04.2020 at PS SSOC

Mohali u/s 124A IPC,

10A, 13(1) UA(P)A

00

Under

investigation

17.

FIR No. 12 dated

12.04.2020 u/s 120B,

124A IPC, 49 Punjab

Police Act 2007 &

10/13 UA(P)A 1967 at

PS

SSOC

Mohali,

District Mohali

The case was registered

against

SFJ

and

Gurpatwant

Singh

Pannun in connection

with

seditious

tele-

marketing calls made to

random

people

in

Punjab during the first

wave

of

Covid

lockdown.

00

Under

investigation

18.

FIR No. 116 dated

06.06.2020 u/s 295,

295A, 120, 120B, 121A,

153A IPC & 13 UA(P)A

at

PS

Chattiwind,

District Amritsar

The two accused were in

contact with several Pak

entities

and

were

conspiring to smuggle

weapons from Pakistan

for

the

purpose

of

eliminating

one

Ludhiana based Shiv

Sena leader. They were

also in contact with UK

based

SFJ

leader

(02)

(i) Avtar Singh Rana

(s/o

Gurnam

Singh, r/o H. No.

514, Village Kale,

PS

Bhikiwind,

District

Tarn

Taran, Punjab)

(ii) Jasbir Singh (s/o

Sadha Singh, r/o

The case is

under trial.

28

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

Kulwant Singh @ Maan

Singh Khalsa and were

paid INR 2,000/- for

creating a WhatsApp

group for SFJ.

Village Wara Sher

Singh,

District

Tarn

Taran,

Punjab)

19.

FIR No. 43 dated

19.06.2020 u/s 124A,

131, 153A and 10A,

13(1) UA(P)A at PS

Sadar Kurali, District

Mohali.

The case was filed

against SFJ for making

tele

marketing

calls

offering Indian Army

personnel

INR

5000

extra

payment

for

quitting Indian Army.

00

The case was

taken over by

the NIA and

re-registered

as

RC-

12/2021/NIA/

DLI

dated

18.06.2021

20.

FIR No. 168 dated

02.07.2020 u/s 2 of the

Prevention of in search

to national honour at

1971, 504/124A/153A

IPC

10A/13(1)

UA(P)A, 3 of ST/SC Act

at

PS

B

division,

District Amritsar.

The case was lodged

against

Gurpatwant

Singh

Pannun

for

hurting the sentiments

of the Dalit community

by

burning

the

Constitution of India

and the Indian national

flag. The compliant was

brought by Amritsar

based activist Loveleen

Mattu (Chairman, Dalit

Suraksha Sena).

00

Open

ended

arrest warrant

was

issued

against

Gurpatwant

Singh Pannun

on 25.01.2021

by the Court of

Additional

District

&

Sessions

Judge-I,

Amritsar.

21.

FIR No. 49 dated

02.07.2020

u/s

10A/10B/11/13(1)/17

UA(P)A at PS Bholath,

Kapurthala

The case was filed

against Italy based SFJ

activist Joginder Singh

@

Goga

for

propagating ‘Khalistan

Referendum’

in

his

locality.

He

was

arrested during his visit

to India in 2020.

(01)

(i) Joginder Singh @

Goga

(Indian

national,

DoB:

02.01.1955,

s/o

Avtar Singh, PP No.

U0921538,

o/r/o

VPO

Akala,

PS

Bholath,

District

Kapurthala,

Punjab,

p/r/o

G

The case is

currently

under

trial.

Joginder

Singh

was

granted

bail

on 30.07.2020.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

29

Market

Via

Gambara

–

21,

25020

Praibiono,

Brescia, Italy)

22.

FIR No. 136 dated

14.08.2020 u/s 120B,

115, 121, 121A, 124A,

153A, 153B, 506 IPC

and Section 2 of the

Prevention of Insult to

National Honour Act,

1971, Section 66F of

the IT Act and Section

10/11/13 UA(P)A at PS

Moga City-1, district

Moga

The case was registered

in connection with the

Khalistani flag hoisting

case atop the DC Office,

Moga on August 14,

2020.

(04)

(i) Inderjeet Singh Gill

(s/o Jagraj Singh

Gill, r/o H. No. 9,

Patti

Meeru

Guddu, VPO Rauli,

PS Mehna, District

Moga, Punjab)

(ii) Jaspal Singh @

Ampa

(s/o

Chamkaur

Singh,

r/o

Patti

Meeru

Guddu, VPO Rauli,

PS Mehna, District

Moga, Punjab)

(iii) Akashdeep

Singh

@

Sajan

(r/o

Village Sadhuwala,

district Ferozepur,

Punjab)

(iv) Jagwinder

Singh

Grewal @ Jagga

The case was

taken over by

the NIA and

re-registered

as

RC-

30/2020/NIA/

DLI

dated

04.09.2020.

23.

FIR No. 34 dated

30.08.2021 u/s 153,

153A, 124A IPC,

10(a)/13(1) UA(P)A

1967 at PS SSOC

Mohali, District

Mohali

The case was registered

against

Gurpatwant

Singh Pannun and his

associates

for

promoting

violent

extremist action and

issuing death threat to

00

Under

investigation

30

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

then Punjab CM Capt.

Amarinder Singh.

24.

FIR No. 07 dated

16.09.2021 u/s 153A,

153B, 124A, 120B IPC,

17/18/20/40 UA(P)A

1967 at PS SSOC

Mohali, District

Mohali

The case is related to

busting

of

a

‘Referendum’

module

which was involved in

smuggling

and

circulating ‘Referendum

voters’

registration

forms’ in Punjab. Over

2.84 lac Referendum

pamphlets

were

recovered

from

the

module members, apart

from one printer and

other graffiti writing

paraphernalia.

(04)

(i) Gurwinder

Singh

@

Baba

(s/o

Harpreet Singh, r/o

Village Rampur, PS

Payal,

District

Ludhiana, Punjab)

– Bail application

rejected

on

14.02.2022

(ii) Sukhdev Singh @

Rinku (s/o Karnail

Singh, r/o Morinda,

district

Ropar,

Punjab)

–

Bail

application

rejected

on

14.02.2022

(iii) Jagwinder

Singh

(s/o Gurmail Singh,

r/o

Morinda,

district

Ropar,

Punjab)

–

Bail

application

rejected

on

26.10.2022

(iv) Jashandeep Singh

Mangat

(DoB:

14.01.2004,

s/o

Gurmeet Singh, r/o

Village Rampur, PS

Payal,

District

Ludhiana, Punjab)

The case is

under

trial.

None of the

accused

has

been granted

bail, except for

Jashandeep

Singh Mangat.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

31

(Two of these four

accused

are

also

booked in another case

in the list at Sl. No. 25.)

25.

FIR No. 154 dated

17.09.2021 u/s 124A,

153A, 153B, 120B IPC

at PS Dehlon, district

Ludhiana

The case is related to

busting of the same

SFJ/Referendum

module, as mentioned at

Sl. No. 21. Two of the

four foot soldiers of

SFJ, arrested in the

previous

case,

were

subsequently found to

have

written

pro-

Khalistan graffiti along

the road of village Gill,

district

Ludhiana

earlier

in

the

intervening

night

of

August

18/19,

2021.

Hence, a case was

registered against the

duo afresh.

(02)

(i) Gurwinder

Singh

@

Baba

(s/o

Harpreet Singh, r/o

Village Rampur, PS

Payal,

District

Ludhiana, Punjab)

(ii) Jashandeep Singh

Mangat

(DoB:

14.01.2004,

s/o

Gurmeet Singh, r/o

Village Rampur, PS

Payal,

District

Ludhiana, Punjab)

(These two accused are

also booked in another

case in the list at Sl.

No. 24.)

The case is

under

trial.

Accused

Gurwinder

Singh’s

bail

application

was rejected,

while

Jashandeep

Singh, being a

juvenile at the

time

of

committing the

crime,

was

granted bail.

26.

FIR No. 144 dated

26.12.2021 u/s 153-A,

505(2), 505(3), 120-B

IPC at PS Banur, Tehsil

Rajpura,

district

Patiala

The case was registered

against the trio, who

was involved in writing

seditious

graffiti

in

promotion of SFJ-run

‘Khalistan Referendum’

at village Khanpur, PS

Sirhind,

district

Fatehgarh

Sahib

on

December 26, 2021.

They

had

also

distributed pamphlets of

(03)

(i) Jagmeet

Singh

(s/o

Kuldeep

Singh & Jasvir

Kaur, r/o H. No.

1820/5, Block No.

5,

Housefed

Society,

Banur,

District

Patiala,

Punjab)

The case is

under trial.

32

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

‘Khalistan Referendum’

and the so-called ‘voter

registration

forms’

among

the

people

attending the ‘Shaheedi

Jor Mela’ at Sirhind,

Fatehgarh Sahib during

December 25-27, 2021.

Earlier on April 27,

2021, accused Jasvir

Kaur had also received

a consignment of 10000

‘voter

registration

forms’

from

the

aforesaid

Jagwinder

Singh

(s/o

Gurmail

Singh,

r/o

Morinda,

district Ropar, Punjab –

accused in the case at

Sl.

No.

21).

The

incriminating material

was

printed

at

the

printing press, installed

at the residence of the

aforesaid

Gurwinder

Singh

(s/o

Harpreet

Singh,

r/o

Village

Rampur,

PS

Payal,

District

Ludhiana,

Punjab – accused in the

cases at Sl. No. 21 &

22).

(ii) Jasvir

Kaur

(mother

of

the

aforesaid Jagmeet

Singh,

w/o

Kuldeep

Singh,

r/o H. No. 1820/5,

Block

No.

5,

Housefed Society,

Banur,

District

Patiala, Punjab)

(iii) Ravinder

Singh

(s/o

Nirbhai

Singh, r/o Village

Jasra

Mandi,

Gobindgarh,

district Fatehgarh

Sahib, Punjab)

27.

FIR No. 52 dated

13.04.2022 u/s 124A,

153A, 153B, 120B IPC,

13/16/18 UA(P)A 1967

The case was registered

against

unknown

persons

after

a

Khalistani

flag

was

found

tied

to

the

(02)

(i) Harvir Singh @

Raju

(s/o

late

Rajinder Singh, r/o

Ward No. 1, Sugar

The case is

under

trial.

Both

the

accused have

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

33

at PS City Rupnagar,

district Ropar

boundary

fencing

of

Ropar

District

Administrative complex

in the late night hours of

April 12, 2022. After the

arrest of two persons

from

Ropar

by

Himachal

Pradesh

Police a month later in

connection

with

the

incident

of

fixing

Khalistan

flags

and

painting pro-Khalistan

graffiti

outside

Himachal Pradesh State

Assembly Complex on

May 08, 2022 (Sl. No.

64), it was found that

they were also involved

in the former incident in

Ropar. Thus their names

were included in this

case as accused, along

with

the

name

of

Gurpatwant

Singh

Pannun. Known radical

lawyer

Imaan

Singh

Khara is defending the

accused in the case.

Mill

Road,

Morinda,

Ropar,

Punjab)

(ii) Paramjit Singh @

Pamma (s/o Mehar

Singh, r/o Village

Rurhki

Heera,

Chamkaur Sahib,

district

Ropar,

Punjab)

(Both the accused are

also accused in two

more cases in the list at

Sl. No. 60 & 73.)

been

denied

bail.

28.

FIR No. 24 dated

02.05.2022 u/s 124A,

153, 153A, 153B,

120B, 505(1), 506 IPC

& 10/13 UA(P)A 1967

at PS State Cyber

Crime, district Mohali

The case was registered

against

SFJ

and

Gurpatwant

Singh

Pannun after issuance

of

a

seditious

call

through video message.

00

Under

investigation

34

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

29.

FIR No. 42 dated

02.06.2022 u/s 153B

IPC at PS Kalanaur,

district Gurdaspur

The case was related to

writing of pro-Khalistan

graffiti

at

different

places of city Kalanaur,

Gurdaspur

in

the

intervening

night

of

June 01/02, 2022.

00

Under

investigation

30.

FIR No. 27 dated

04.06.2022 u/s 153,

153A, 153B, 505(1),

506 IPC, 10/13

UA(P)A 1967 at PS

State Cyber Crime,

Mohali

The case was registered

after a seditious video

message of Gurpatwant

Singh

Pannun

was

released, wherein he

called

upon

Sikh

soldiers

serving

in

Indian Army for mutiny

and to reach Akal Takht

on June 06, 2022 on the

occasion

of

Ghallughara

anniversary.

00

Under

investigation

31.

FIR No. 69 dated

06.06.2022 u/s 121,

121A IPC at PS E-

Division, Amritsar

The two arrested self-

radicalized

youths,

influenced

by

the

propaganda

of

SFJ,

raised

pro-Khalistan

slogans at the premises

of Akal Takht on June

06, 2022.

(02)

(i) Manjit Singh @

Baba Shaheed (s/o

Kundan Singh, r/o

Vilalge Lor Kalan,

PS Sadar, District

Gurdaspur,

Punjab)

(ii) Saudagar

Singh

(s/o Nand Singh,

r/o Village Virk,

District Ludhiana,

Punjab)

The case is

under

trial

before

the

District

&

Sessions

Court,

Amritsar. Both

the

accused

were granted

regular bail on

28.08.2023 by

the Court of

Justice

Deepak

Gupta.

Next

date

of

hearing of the

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

35

case

is

on

24.01.2024.

32.

FIR No. 201 dated

11.06.2022 u/s 153A,

153B, 120B IPC,

13/16/18 UA(P)A and

Section 3 of Punjab

Prevention of

Defacement of Public

Property Act 1985 at

PS City Faridkot,

district Faridkot

The case was related to

writing of pro-Khalistan

graffiti on the walls of

Talwandi

Road-

Faridkot bridge on June

11, 2022. The culprit in

the

case

was

later

arrested by Haryana

Police from Karnal on

July

03,

2022

in

connection with another

graffiti incident (June

19/20, 2022) in Karnal.

(01)

Manjit Singh @ Meet

(s/o Late Harjinder

Singh,

r/o

Village

Duladi, Nabha district

Patiala, Punjab)

(The same person is

accused in three more

cases in the list at Sl.

No. 34, 35 & 61.)

The case is

under

trial.

Bail

application of

Manjeet Singh

was

rejected

by the Court

on 01.06.2023.

33.

FIR No. 130 dated

13.06.2022 u/s 153A,

153B, 120B IPC,

13/16/18 UA(P)A 1967

and Section 3 of

Punjab Prevention of

Defacement of Public

Property Act 1985 at

PS Sadar Ferozepur,

district Ferozepur

The case was related to

writing of pro-Khalistan

graffiti on the front wall

of the office of DRM

Ferozepur

in

the

intervening

night

of

June 12/13, 2022.

00

Under

investigation

34.

FIR No. 76 dated

15.06.2022 u/s 124A,

153A, 153B, 120B IPC,

13 UA(P)A & Section 3

of Punjab Prevention

of Defacement of

Public Property Act

1985 at PS Division-3,

Jalandhar

The case was related to

writing of pro-Khalistan

graffiti

outside

Devi

Talav

Mandir,

Jalandhar

in

the

intervening

night

of

June 14/15, 2022. The

culprit in the case was

later

arrested

by

Haryana Police from

Karnal on July 03, 2022

in

connection

with

(01)

Manjit Singh @ Meet

(s/o Late Harjinder

Singh,

r/o

Village

Duladi, Nabha district

Patiala, Punjab)

(The same person is

accused in three more

cases in the list at Sl.

No. 32, 35 & 61.)

The case is

under

trial.

The

accused

was

granted

bail

on

16.05.2023.

36

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

another graffiti incident

(June 19/20, 2022) in

Karnal.

35.

FIR No. 116 dated

20.06.2022 u/s 153A,

153B, 120B IPC, 13/18

UA(P)A 1967 and

Section 3 of Punjab

Prevention of

Defacement of Public

Property Act 1985 at

PS City Sangrur,

district Sangrur

The case was registered

in

connection

with

writing of pro-Khalistan

graffiti on the walls of

Mahakali Devi temple,

Sangrur

in

the

intervening

night

of

June

19/20,

2022.

Accused Resham Singh

was

subsequently

arrested

by

Punjab

Police on 27.06.2022

and accused Manjeet

Singh was arrested by

Haryana Police from

Karnal on 03.07.2022.

(02)

(i) Manjeet Singh @

Meet

(s/o

Late

Harjinder

Singh,

r/o Village Duladi,

Nabha

district

Patiala, Punjab)

(ii) Resham

Singh

(uncle of aforesaid

Manpreet

Singh,

s/o Pala Singh, r/o

Village Hamidi, PS

Thuliwal, District

Barnala, Punjab)

(Accused Manjit Singh

is booked in three more

cases in the list at Sl.

No. 32, 34 & 61.

Accused Resham Singh

is booked in two more

cases in the list at Sl.

No. 36 & 61.)

Since

both

these cases are

registered

under

the

same

PS

within a span

of one week in

two alike cases

committed by

the

same

group

of

culprits, single

trial is going

on in the two

cases. Accused

Kulwinder

Singh, Resham

Singh

and

Manjeet Singh

were

last

denied bail on

27.07.2023.

Pertinently,

accused

Manpreet

Singh was just

18-year-old at

the time of the

incident.

Investigations

revealed that

his

maternal

uncle Resham

Singh was the

36.

FIR No. 118 dated

27.06.2022 u/s 153A,

153B, 427, 120B IPC,

13/18

UA(P)A

and

section

3

Punjab

Prevention

of

Defacement

Property

Ordinance Act 1997 at

PS

City

Sangrur,

District Sangrur

The case was registered

in

connection

with

writing of pro-Khalistan

graffiti

(June

26/27,

2022) on the boundary

wall of Water Testing

Regional

Laboratory,

Sangrur

and

Ranbir

Club, Sangrur.

(03)

(i) Manpreet

Singh

(s/o

Kulwinder

Singh, r/o Village

Pindi Kehar Singh,

PS

Longowal,

District

Sangrur,

Punjab)

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

37

(ii) Kulwinder

Singh

(father of aforesaid

Manpreet

Singh,

s/o late Lal Singh,

r/o Village Pindi

Kehar Singh, PS

Longowal, District

Sangrur, Punjab)

(iii) Resham

Singh

(maternal uncle of

aforesaid Manpreet

Singh,

s/o

Pala

Singh, r/o Village

Hamidi,

PS

Thuliwal, District

Barnala, Punjab)

(Accused

Resham

Singh is booked in two

more cases in the list at

Sl. No. 35 & 61.)

main culprit in

the

incident

and

his

(Manpreet

Singh)

presence at the

crime site was

ensured

through

manipulation.

Manpreet

Singh was not

privy of the

actual

seditious plans

of his maternal

uncle.

Thus,

his name was

subsequently

removed from

the case.

37.

FIR No. 66 dated

30.06.2022 u/s 121A,

124A, 153A, 120B IPC

and u/s 66A/66F IT Act,

2000

at

PS

Cantonment, Jalandhar

The case was related to

writing of pro-Khalistan

graffiti on the walls of

Punjab Armed Police

headquarters,

Jalandhar. The case was

initially

registered

against

unknown

persons, Later, three

members of the module

responsible for the act

were arrested between

September

07

and

September 09, 2022.

(03)

(i) Raman Singh Gill

@ Sonu (s/o late

Manjit

Singh,

o/r/o Village Nag

Kalan,

PS

Majitha,

district

Amritsar,

p/r/o

Baba Deep Singh

Colony,

Taj

Palace

Street,

Nangli

Bhatha,

FatehgarhChuria

n Road, Amritsar)

The case is

under trial.

38

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

(ii) Sam Masih (s/o

Kashmir

Singh,

o/r/o

Village

Gadrian,

PS

Batala,

District

Gurdaspur,

Punjab,

p/r/o

Baba Deep Singh

Colony,

Taj

Palace

Street,

Nangli

Bhatha,

FatehgarhChuria

n Road, Amritsar)

(iii) Lakhwinder Singh

@

Lakha

@

Hargun(s/o

Manjit

Singh,

o/r/o

Village

Jethuwal, PS Heer

Kambo,

district

Amritsar, p/r/o H.

No. 1727, Ishwar

Nagar, Tarn Taran

Road,

Dist.

Amritsar)

(Raman Singh Gill and

Lakhwinder Singh are

accused in three more

cases in the list at Sl.

No. 41, 42 & 74, while

Lakhwinder Singh is

accused in two more

cases at Sl. No. 42 &

74.)

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

39

38.

FIR No. 77 dated

04.07.2022 u/s 153B

IPC at PS Dera Baba

Nanak,

district

Gurdaspur

The case was related to

writing of pro-Khalistan

graffiti on the walls of

SDM Office and at the

premises of Dera Baba

Nanak bus stand in the

intervening night of July

03/04, 2022.

00

Under

investigation

39.

FIR No. 89 dated

07.07.2022 u/s 120B,

153B IPC and 10/13/18

UA(P)A 1967 at PS

Dyalpura,

District

Bathinda

The case was related to

writing of pro-Khalistan

graffiti on the walls of

the

Dera

of

DSS,

Sabalatpura, Bathinda

in the intervening night

of July 06/07, 2022

00

Under

investigation

40.

FIR No. 148 dated

15.07.2022 u/s 153A

IPC and section 3

Punjab Prevention of

Defacement

Property

Act at PS Kotwali,

District Patiala

The case is related to

writing of pro-Khalistan

graffiti on the walls of

Kali

Mata

Temple,

Patiala

in

the

intervening night of July

14/15, 2022.

(02)

(i) Harwinder Singh

@

Prince

(r/o

village

SalempurSekhan,

Tehsil

Rajpura,

District Patiala)

(ii) Prem Singh @

Ekam (r/o village

SalempurSekhan,

Tehsil

Rajpura,

District Patiala)

The case is

under

trial.

None of the

two

accused

has

been

granted bail.

41.

FIR No. 65 dated

11.08.2022

u/s

2

Prevention of Insult to

National Honours Act

at PS GRP Amritsar

The case was registered

in

connection

with

surfacing of a video on

11.08.2022 on social

media, featuring one

youth

burning

the

Indian national flag at

Majitha

Railway

crossing, Amritsar. The

(02)

(i) Raman Singh Gill

@ Sonu (s/o late

Manjit

Singh,

o/r/o Village Nag

Kalan,

PS

Majitha,

district

Amritsar,

p/r/o

The case is

under trial.

40

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

other person involved in

the incident had filmed

the act. Initially, the

case

was

registered

against

unknown

persons,

Later,

two

members of a module

responsible for the act

were arrested between

September

07

and

September 09, 2022.

Baba Deep Singh

Colony,

Taj

Palace

Street,

Nangli

Bhatha,

FatehgarhChuria

n Road, Amritsar)

(ii) Lakhwinder Singh

@

Lakha

@

Hargun(s/o

Manjit

Singh,

o/r/o

Village

Jethuwal, PS Heer

Kambo,

district

Amritsar, p/r/o H.

No. 1727, Ishwar

Nagar, Tarn Taran

Road,

Dist.

Amritsar)

(Raman Singh Gill and

Lakhwinder Singh are

accused in three more

cases in the list at Sl.

No. 37, 42 & 74.)

42.

FIR No. 102 dated

28.08.2022 u/s 76-A,

121-A, 124-A, 153-A,

120-B IPC & 66A/66F

IT Act, 2000 at PS Navi

Baradari,

district

Jalandhar

The case was registered

in connection with the

incident of defiling of a

statue of Beant Singh

(ex-CM,

Punjab)

at

BMC

Chowk,

Jalandharin the wee

hours of August 28,

2022, on which pro-

Khalistan slogans were

spray painted. The case

was initially registered

(03)

(i) Raman Singh Gill @

Sonu

(s/o

late

Manjit Singh, o/r/o

Village Nag Kalan,

PS Majitha, district

Amritsar,

p/r/o

Baba Deep Singh

Colony, Taj Palace

Street,

Nangli

Bhatha,

The case is

under trial.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

41

against

unknown

persons, Later, three

members of the module

responsible for the act

were arrested between

September

07

and

September 09, 2022.

FatehgarhChurian

Road, Amritsar)

(ii) Sam

Masih

(s/o

Kashmir

Singh,

o/r/o

Village

Gadrian,

PS

Batala,

District

Gurdaspur, Punjab,

p/r/o Baba Deep

Singh Colony, Taj

Palace

Street,

Nangli

Bhatha,

FatehgarhChurian

Road, Amritsar)

(iii)

Lakhwinder

Singh @ Lakha @

Hargun(s/o Manjit

Singh, o/r/o Village

Jethuwal, PS Heer

Kambo,

district

Amritsar, p/r/o H.

No. 1727, Ishwar

Nagar, Tarn Taran

Road,

Dist.

Amritsar)

(Raman Singh Gill and

Lakhwinder Singh are

accused in three more

cases in the list at Sl.

No. 37, 41 & 74, while

Sam Masih is accused

in two more cases at Sl.

No. 37 & 74.)

43.

FIR No. 01 dated

03.01.2023 u/s 153-A,

On January 03, 2023,

pro-Khalistan

graffiti

00

Under

investigation

42

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

153-B, 124-A IPC at PS

Sadar, District Muktsar

were found written on

the outer walls of SSP

Office, Muktsar.

44.

FIR No. 11 dated

24.01.2023 153-B IPC

at PS Thermal, District

Bathinda

On January 24, 2023,

pro-Khalistan

slogans

were found written on

the

wall

of

NFL,

Bathinda.

00

Under

investigation

45.

FIR No. 13 dated

24.01.2023 u/s 153-B

IPC

at

PS

Canal

Colony,

District

Bathinda

On January 24, 2023,

pro-Khalistan

slogans

were found written on

the wall of the office of

Maharaja Ranjit Singh

University, Bathinda.

00

Under

investigation

46.

FIR No. 27 dated

14.03.2023 u/s 153B,

427 IPC at PS Nathana,

District Bathinda

In the intervening night

of March 13/14, 2023,

miscreants put up a

Khalistan

flag

on

Bathinda-Ambala

railway track, at village

Lehra

Mohabbat,

Nathana,

District

Bathinda, which was

meant for carrying coal

racks

to

Guru

Hargobind

Thermal

Plant, Lehra Mohabbat.

00

Under

investigation

47.

FIR No. 80 dated

18.03.2023 u/s 145,

147, 153 Railway Act at

PS GRP Amritsar

Miscreants, apparently

responding

to

SFJ’s

disruptive calls during

G-20

summit

in

Amritsar (March 15-

17),

removed

about

10/12 pedrail clips on

March 18, 2023 from

the

track

between

Jandiala and Tangra

00

Under

investigation

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

43

railway

stations

in

Amritsar-Beas railway

section.

48.

FIR No. 124 dated

02.06.2023 u/s 353-A,

353-B, 505 IPC at PS

City

Moga,

district

Moga

The case was registered

in

connection

with

writing of pro-Khalistan

graffiti on the wall of

Moga bus stand ticket

counter

in

the

intervening

night

of

June

01/02,

2023.

Besides, one Khalistan

flag was also put up in

the complex of Moga

bus stand.

(02)

(i) Daljeet Singh (s/o

Gurdev Singh, r/o

Village

Chuhar

Chak,

District

Moga, Punjab)

(ii) Pritpal Singh (s/o

Sukhchain

Singh,

r/o Village Gholiya

Khurd,

District

Moga, Punjab)

The case is

under

trail

before

the

Court of CJM,

District Court,

Moga.

First

hearing

into

the case was

held

on

30.06.2023

and the next

hearing

is

scheduled for

04.03.2024.

Bail

application of

both

the

accused

was

rejected by the

Court

on

11.07.2023.

49.

FIR

No.

62

dated

05.09.2023 u/s 153 B

IPC

at

PS

GRP,

Bathinda

SFJ miscreants put up

Kesari

flag

bearing

inscription

of

‘Khalistan Referendum’

across railway track

(Bathinda-Mansa) near

village

Kotfatta,

Bathinda on September

05, 2023.

00

Under

investigation

50.

FIR No. 119 dated

29.11.2023 u/s 153B

IPC at PS GRP,

Amritsar

The

incident

was

relating to inscribing of

pro-Khalistan

graffiti

on

two

pillars

of

(02)

(i) Harmanpreet Singh

(s/o Kaku Singh, r/o

Village Nasibpura,

The case is

under

trial.

Both

the

accused have

44

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

Bhandari

Bridge

(flyover

of

railway

tracks and peripheral

wall

of

Amritsar

Railway Station in the

intervening

night

of

November 27/28, 2023.

Tehsil

Talwandi

Sabo,

District

Bathinda)

(ii) Lovepreet

Singh

(s/o Jagseer Singh,

r/o Ward No. 5,

Village Kotshamir,

District Bathinda)

(These two persons are

also accused in three

more cases in the list at

Sl. No. 52, 75 & 94.)

been granted

bail

on

20.01.2024.

51.

Case No. 675 dated

29.11.2023 u/s 145B,

147 Railway Act at

RPF Post, Amritsar

(This case was

separately registered

by Railway

Protection Force,

Railway Station,

Amritsar on the same

incident.)

52.

FIR No. 233 dated

03.12.2023 u/s 153,

153-A, 505, 120-B

IPC at PS Canal

Colony, District

Bathinda

The case is related to

arrest

of

two

foot

soldiers

of

SFJ

on

December 03, 2023 by

Punjab Police.

(02)

(i) Harmanpreet Singh

(s/o Kaku Singh,

r/o

Village

Nasibpura, Tehsil

Talwandi

Sabo,

District Bathinda)

(ii) Lovepreet

Singh

(s/o Jagseer Singh,

r/o Ward No. 5,

Village Kotshamir,

District Bathinda)

(These two persons are

also accused in four

more cases in the list,

at Sl. No. 50, 51, 75 &

94.)

The case is

under

trial.

Both

the

accused have

been granted

bail

on

21.12.2023.

53.

FIR No. 02 dated

17.01.2024 u/s 153,

153-A, 505, 120-B

IPC at PS SSOC

The case was related to

busting of a module of

SFJ by SSOC Mohali

from

Patiala

on

(03)

(i) Jagdish Singh @

Jagga (s/o Mangal

Singh, o/r/o Village

The case is

under

investigation

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

45

Mohali, District

Mohali

17.01.2024,

wherein

three foot soldiers of the

outfit

were

arrested,

who were involved in at

least

three

graffiti

incidents in Haryana

during past one year.

NathuMajra,

PO

Kauli, PS Kheri

Gandian,

district

Patiala, p/r/o H.

No.

138,

Guru

Gobind

Singh

Nagar,

Rajpura,

Patiala, Punjab)

(ii) Devinder Singh (s/o

Kulwant Singh, r/o

Village

Mandoli,

Rajpura,

district

Patiala, Punjab)

(iii) Manjeet Singh (s/o

Kaka Singh, r/o

Khanpur Gandian,

Rajpura,

district

Patiala, Punjab)

(Two of these three

accused

are

also

booked in another case

in the list at Sl. No. 64.)

54.

FIR No. 4 dated

23.01.2024 u/s 153A,

153B IPC & 66 IT

Act at PS D Division,

Amritsar

The case was registered

against

Gurpatwant

Singh

Pannun

for

issuing incriminating/

communal

statements

on

Durgiana

temple

(Amritsar)

in

the

backdrop

of

the

consecration ceremony

of

Ayodhya

Ram

Temple. In a video

message released on

00

Under

investigation

46

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

23.01.2024,

Pannun

intimidated

the

management

of

Durgiana

temple

to

hand over the keys to

Darbar Sahib, Amritsar.

Again on 25.01.2024,

two threat calls were

received on the landline

number of Durgiana

temple,

wherein

the

caller

introduced

himself as one SFJ

activist named Gurmeet

Singh and threatened

the temple President

Laxmi Kanta Chawla

and General Secretary

Arun

Khanna

(BJP

leader). The caller also

threatened to demolish

Durgiana

temple

through

bomb

explosion.

55.

FIR No. 10 dated

31.01.2024 u/s 153A

IPC at PS City

Batala, district

Gurdaspur

The case was registered

in

connection

with

pasting posters reading

‘Khalistan Zindabad’ on

the walls near Kali

Mata Mandir, Chakri

Bazaar

and

Tibba

Bazaar,

Batala,

Gurdaspur on January

31, 2024. Later the day,

two

youths

were

arrested in connection

with the incident.

(02)

(i) Balwinder Singh

(DoB:

19.06.1997,

s/o

Harjit singh, r/o

Bouli

Inderjeet,

Batala,

Gurdwara Sahib

Wali

Gali,

PS

City,

Batala,

District

Under

investigation

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

47

Gurdaspur,

Punjab)

(ii) Arpanjeet Singh

(DoB:

10.10.2006,

s/o

Harjit Singh, r/o

Bouli

Inderjeet

Batala,

Gurdwara Sahib

Wali

Gali,

PS

City,

Batala,

District

Gurdaspur,

Punjab)

Haryana (13 cases)

56.

FIR No. 137 dated

02.07.2020 u/s 124A,

153A IPC 10A, 13

UA(P)A at PS Bhondsi,

district Gurgaon

The case was

registered in the

backdrop of SFJ’s

seditious call to the

Sikhs in India to

enrol themselves as

‘voters’ for the

‘Referendum 2020’

exercise, which was

then announced for

commencement on

July 04, 2020.

00

Under

investigation

57.

FIR No. 597 dated

12.07.2020 u/s 124A,

153A IPC, 10A, 13

UA(P)A at PS Thanesar

City, Kurukshetra

The case was

registered in

connection with

SFJ’s call for

commencing

‘Referendum voters’

registration’ in

Haryana at

Gurdwara

00

Under

investigation

48

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

ChhevinPatshahi,

Kurukshetra on

July 11, 2020.

58.

FIR No. 972 dated

23.12.2020 u/s 25 Arms

Act, 120-B IPC & 10/13

of UA(P)A at PS Karnal

Sadar, Karnal

The case was

registered after

accused Tej

Prakash &

Akashdeep Singh

were intercepted by

the Police on

December 23, 2020

at Karnal, along

with two country

made pistols, which

they had procured

from BTFK militant

Rattandeep Singh

(s/o Jagir Singh, r/o

Rohad, Saffidon,

District Jind,

Haryana, p/r/o

Karnal, Haryana,

now released from

jail). The accused

were in contact

with US based SFJ

campaigner

Gurmeet Singh

(o/r/o Ludhiana,

Punjab), who had

tasked them to

eliminate Amritsar

based Shiv Sena

leader Sudhir Suri

(later killed on

04.11.2022) and

Ludhiana based

(02)

(i) Tej Prakash Singh

@

Kaka

(s/o

Sukhwinder

Singh, r/o Ward

No. 1, Bazigar

Basti,

Doraha,

Tehsil Payal, PS

Khanna, District

Ludhiana,

Punjab)

(ii) Akashdeep Singh

@

Sonu

(s/o

Gurkibal

Singh,

r/o H. No. 529, r/o

Guru

Nanak

College,

Dauraha, Tehsil

Payal,

District

Ludhiana,

Punjab)

The case is

under

trial.

Both

the

accused were

denied bail.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

49

Congress leader

Gursimran Singh

Mand. Gurmeet

Singh had

introduced them to

Rattandeep Singh

for arranging

weapon and had

sent INR 4 lacs

through WUMT in

6-7 instalments.

Gurmeet Singh was

also booked in this

case.

59.

FIR No. 52 dated

29.08.2021 u/s 124A,

153A, 506 IPC & 10-

A/13 UA(P)A at PS

Cyber Crime, Gurgaon

The case was registered

against

Gurpatwant

Singh

Pannun

for

issuing

threat

to

Haryana CM Manohar

Lal Khattar. In the

aftermath of an incident

of farmer-Police stand-

off

in

Karnal

on

28.08.2021,

Pannun

had

announced

a

reward of USD 1 million

for putting Haryana CM

behind the bars.

00

Under

investigation

60.

FIR No. 229 dated

29.04.2022

at

PS

Thanesar

City,

Kurukshetra, Haryana

The case was registered

against

Gurpatwant

Singh Pannun and his

associates after SFJ’s

foot soldiers put up pro-

Khalistan

banner

outside the residence of

DSP, Kurukshetra on

‘Khalistan Declaration

(02)

(i) Harvir Singh @

Raju

(s/o

late

Rajinder Singh, r/o

Ward No. 1, Sugar

Mill

Road,

Morinda,

Ropar,

Punjab)

The case is

under trial.

50

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

Day’ in pursuance to a

call of SFJ.

(ii) Paramjit Singh @

Pamma (s/o Mehar

Singh, r/o Village

Rurhki

Heera,

Chamkaur Sahib,

district

Ropar,

Punjab)

(Both the accused are

also accused in two

more cases in the list at

Sl. No. 27 & 73.)

61.

FIR No. 414 dated

20.06.2022 u/s 120-B,

153-A IPC and 13

UA(P)A at PS Civil

Lines, Karnal

The case was registered

in

connection

with

writing of pro-Khalistan

graffiti on the walls of

Dyal Singh College and

DAV

Public

School,

Karnal on June 19,

2022.

One

Manjeet

Singh was arrested by

Karnal Police in this

connection on July 03,

2022,

while

another

associate of the accused

namely Resham Singh

was arrested by Sangrur

Police on July 01, 2022.

(02)

(i) Manjeet Singh @

Meet

(s/o

Late

Harjinder

Singh,

r/o Village Duladi,

Nabha

district

Patiala, Punjab)

(ii) Resham

Singh

(uncle of aforesaid

Manpreet

Singh,

s/o Pala Singh, r/o

Village Hamidi, PS

Thuliwal, District

Barnala, Punjab)

(Accused

Manjeet

Singh is booked in

three more cases in the

list at Sl. No. 32, 34 &

35. Accused Resham

Singh is booked in two

more cases in the list at

Sl. No. 35 & 36.)

The case is

under

trial.

The

accused

have

been

denied bail.

62.

FIR No. 31 dated

16.07.2022 u/s 120B,

The case was registered

against

Gurpatwant

00

Under

investigation

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

51

124A, 336, 379 IPC, 03

PDPP Act 1984, 66F IT

Act

2000,

10/13

UA(P)A 1967 and No.

37 Amendment 2012

and 150 Railway Act

No. 24 of 1989 at PS

Cyber Crime, District

Hisar

Singh Pannun and his

associates,

after

the

former

called

upon

Sikhs

to

dismantle

railway track that is

used for supplying coal

to

Rajiv

Gandhi

Thermal Power plant at

Khedar, Hisar in the

backdrop

of

then

ongoing sit-in protest at

the site on fly ash issue.

Pertinently, movement

of freight trains to the

plant

was

disrupted

briefly after 66 iron

clips of this railway

track

were

found

removed (July 16, 2022)

by unknown miscreants.

63.

FIR No. 627 dated

07.12.2022 u/s 120B,

124A

IPC

and

13

UA(P)A 1967 at PS

City Mandi Dabwali,

district Sirsa

The case was related to

a graffiti incident at

Mandi Dabwali, Sirsa

in the intervening night

of

December

06/07,

2022.

00

Under

investigation

64.

FIR No. 71 dated

04.03.2023 u/s 153A

IPC

at

PS

Sadar,

Ambala City, district

Ambala

The case was related to

hanging of a Khalistani

flag and inscribing of

pro-Khalistan

graffiti

on a bridge at Ambala-

Hisar

(NH-152)

crossing

on

Delhi-

Amritsar

National

Highway (NH-44) near

Shambu Toll Plaza in

Ambala

in

the

(02)

(i) Jagdish Singh @

Jagga (s/o Mangal

Singh, o/r/o Village

NathuMajra,

PO

Kauli, PS Kheri

Gandian,

district

Patiala, p/r/o H.

No.

138,

Guru

Gobind

Singh

Under

investigation

52

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

intervening

night

of

March 3/4, 2023. The

case

was

initially

registered

against

unknown persons. Later,

SSOC Mohali arrested

the culprits from Patiala

on 17.01.2024.

Nagar,

Rajpura,

Patiala, Punjab)

(ii) Devinder Singh (s/o

Kulwant Singh, r/o

Village

Mandoli,

Rajpura,

district

Patiala, Punjab)

(These two accused are

also booked in another

case in the list at Sl.

No. 53.)

65.

FIR No. 81 dated

05.04.2023

u/s

13

UA(P)A & 120-B, 153B

IPC at PS Ismailabad,

Kurukshetra

The case is related to

writing of pro-Khalistan

graffiti

(intervening

night of April 4/5, 2023)

on a roadside wall on

NH-152D (around 2 km

away village Talheri,

Kurukshetra, Haryana).

Later, one Malak Singh

Virk was arrested on

19.11.2023 in the case

by Delhi Police, who

was accused in two

more graffiti incidents.

(01)

(i) Malak Singh Virk

(s/o

Sukhchain

Singh, r/o Village

Talheri,

Tehsil

Pehowa,

PO

Malakpur, District

Kurukshetra,

Haryana)

(He is accused in two

more cases in the list at

Sl. No. 68 & 89.)

The case is

under trial.

66.

FIR No. 148 dated

07.04.2023 u/s 120B,

124A,

IPC

&

13

UA(P)A, 1967 at PS

Sirsa Sadar, District

Sirsa

In the intervening night

of April 6/7, 2023, pro-

Khalistan slogans were

found written on the

boundary walls of Air

Force Station in Sirsa.

00

Under

investigation

67.

FIR No. 473 dated

31.07.2023 u/s 120-B,

124-A

IPC

&

13

UA(P)A, 1967 at PS

The case was related to

writing of pro-Khalistan

graffiti on the walls of

SDM office, Dabwali

00

Under

investigation

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

53

City Mandi Dabwali,

district Sirsa

and sewage treatment

plant, located near the

SDM office on July 31,

2023.

68.

FIR No. 48 dated

05.09.2023 u/s 120-B,

124-A, 153B IPC & 13

UA(P)A, 1967 at PS

GRP, Kurukshetra

The case is related

to writing of pro-

Khalistan graffiti

(September 4,

2023) on the walls

of Kurukshetra

railway station at

Platform No. 1

targetting the G-20

summit in New

Delhi (Sept. 9/10,

2023). The case

was initially

registered against

Gurpatwant Singh

Pannun and

unidentified

persons. Later, one

Malak Singh Virk

was arrested on

19.11.2023 in the

case by Delhi

Police, who was

accused in two

more graffiti

incidents.

(01)

(i) Malak Singh Virk

(s/o

Sukhchain

Singh, r/o Village

Talheri,

Tehsil

Pehowa,

PO

Malakpur, District

Kurukshetra,

Haryana)

(He is accused in two

more cases in the list at

Sl. No. 65 & 89.)

The case is

under trial.

Gujarat (02 cases)

69.

FIR

No.

11191067230030 dated

11.03.2023 u/s 66F IT

Act,

2000,

16(1)(b)

UA(P)A

and

153A,

153B(1)(c), 505(1)(b),

Two MP based youths

were

arrested

by

Gujarat

Police

from

Madhya Pradesh, who

were involved in making

pre-recorded voice calls

(02)

(i)

Rahul

Dwivedi

(s/o

Harihar

Prasad Dwivedi,

r/o H. No. 15,

Kushali Mohalla,

Not available

54

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

120B IPC at PS Cyber

Crime,

Ahmedabad

City

through

SIMBox

operation on behalf of

SFJ to several civilians

in Gujarat in March

2023, warning to storm

Narendra Modi stadium

(Gujarat) on March 09,

2023 targetting then

scheduled

India

vs

Australia cricket match.

Unchehara,

District

Satna,

Madhya Pradesh)

(ii) Narendra

Omprakash

Kushwaha

(s/o

Om

Prakash

Kushwah, r/o H.

No. 12, Ward No.

13, Ichaul, PS

Amarpatan,

District

Satna,

Madhya Pradesh)

70.

FIR No. 11191067230

dated 28.09.2023 u/s

121A, 152(A), 152(B-1-

C),

505(1-B),

120B

IPC, 66F IT Act, 2000

and 16(1B) UA(P)A,

1967 at PS Cyber

Crime, Ahmedabad

The case was registered

against

Gurpatwant

Singh Pannun after a

series of pre-recorded

calls were made by SFJ

from

international

numbers

to

random

people

in

India,

threatening to ‘storm’

the

Narendra

Damodardas

Modi

stadium in Ahmedabad

on October 05, 2023

during

the

opening

ceremony of ICC World

Cup 2023.

00

Under

investigation

Uttarakhand (01 case)

71.

FIR No. 299/18 u/s

153B IPC and 66 IT Act

at PS Khatima, District

US Nagar

The case was related to

arrest

of

two

Uttarakhand based SFJ

sympathizer

youths,

who were promoting

‘Khalistan Referendum’

(02)

(i) Kulvinder

Singh

Cheema

(r/o

Udham

Singh

Nagar,

Uttarakhand)

Not available

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

55

through use of cyber

medium.

(ii) Harjeet

Singh

Bhinder

(r/o

Udham

Singh

Nagar,

Uttarakhand)

Himachal Pradesh (06 cases)

72.

FIR No. 04 dated

31.07.2021 registered

at PS Cyber Crime,

Shimla u/s 124, 153A,

120B, 506 IPC, Sec 3

UA(P)A and 66C IT Act

2008

The case was related to

receipt of pre-recorded

threat

call

by

one

Baldev Singh Chauhan

from ISD No. +1-203-

906-1459, warning HP

CM Jairam Thakur not

to raise Indian national

flag on the occasion of

Independence

Day

2021.

00

Under

investigation

73.

FIR No. 77 dated May

08, 2022 u/s 153A,

153B IPC, 13 UA(P)A

and Sec 3 of HP Open

Places (Prevention of

Disfigurement) Act at

PS

Dharamshala,

Himachal Pradesh

The case was related to

Khalistan flag hoisting

incident

outside

Himachal Pradesh State

Assembly Complex in

the early morning hours

of May 08, 2022.

(02)

(i) Harvir Singh @

Raju

(s/o

late

Rajinder Singh, r/o

Ward No. 1, Sugar

Mill

Road,

Morinda,

Ropar,

Punjab)

(ii) Paramjit Singh @

Pamma (s/o Mehar

Singh, r/o Village

Rurhki

Heera,

Chamkaur Sahib,

district

Ropar,

Punjab)

(Both the accused are

also accused in two

more cases in the list at

Sl. No. 27 & 60.)

The case is

under

trail.

Both

the

accused have

been

denied

bail.

56

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

74.

FIR No. 221 dated

08.09.2022 u/s 153A,

153B

IPC

at

PS

Boileauganj,

District

Shimla

The case was registered

against

unknown

persons

after

some

miscreants

put

up

Khalistani Flag on the

boundary wall of Jal

Shakti

Bhawan

at

Tutikandi, Shimla near

its main entrance on

05.09.2022. The case

was initially registered

against

unknown

persons, Later, three

members of the module

responsible for the act

were arrested between

September

07

and

September 09, 2022.

(03)

(i) Raman Singh Gill

@ Sonu (s/o late

Manjit Singh, o/r/o

Village Nag Kalan,

PS Majitha, district

Amritsar,

p/r/o

Baba Deep Singh

Colony, Taj Palace

Street,

Nangli

Bhatha,

FatehgarhChurian

Road, Amritsar)

(ii) Sam

Masih (s/o

Kashmir

Singh,

o/r/o

Village

Gadrian,

PS

Batala,

District

Gurdaspur, Punjab,

p/r/o Baba Deep

Singh Colony, Taj

Palace

Street,

Nangli

Bhatha,

FatehgarhChurian

Road, Amritsar)

(iii)

Lakhwinder

Singh @ Lakha @

Hargun(s/o Manjit

Singh, o/r/o Village

Jethuwal, PS Heer

Kambo,

district

Amritsar, p/r/o H.

No. 1727, Ishwar

Nagar, Tarn Taran

The case is

under trial.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

57

Road,

Dist.

Amritsar)

(Raman Singh Gill and

Lakhwinder Singh are

accused in three more

cases in the list at Sl.

No. 37, 41 & 42, while

Sam Masih is accused

in two more cases at Sl.

No. 37 & 42.)

75.

FIR No. 230 dated

04.10.2023 u/s 3 of

Himachal

Pradesh

Open

Places

(Prevention

of

Disfigurement)

Act,

1985

at

PS

Dharamshala, Kangra

The case is related to the

incident of writing of

pro-Khalistan graffiti at

several

places

of

Dharamshala including

the Chief Engineer’s

office and HP Jal Shakti

Vibhag

in

the

intervening

night

of

October 3/4, 2023.

(02)

(i) Harmanpreet Singh

(s/o Kaku Singh, r/o

Village Nasibpura,

Tehsil

Talwandi

Sabo,

District

Bathinda)

(ii) Lovepreet

Singh

(s/o Jagseer Singh,

r/o Ward No. 5,

Village Kotshamir,

District Bathinda)

(These two persons are

also accused in four

more cases in the list,

at Sl. No. 50, 51, 52 &

94.)

The case is

under

investigation.

Charge-sheet

has not been

filed yet.

76.

FIR No. 207 dated

29.11.2023 u/s 3 of

Himachal

Pradesh

Open

Places

(Prevention

of

Disfigurement)

Act,

The case is related to the

incident of sighting of

pro-Khalistan graffiti at

two

places

near

Chintpurni Bus Stop,

District Una, HP in the

(03)

(i) Arjinder Singh @

Jinder (s/o Taranjit

Singh, r/o Village

Sangh Dhesian, PS

The two cases

are

under

trial.

58

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

1985 at PS Dhera,

district Kangra

intervening

night

of

November 28/29, 2023.

Although the two places

where

graffiti

were

inscribed were only 40

meters

apart,

the

locations lied at the

borders of two districts,

Una and Kangra. Thus,

one location of graffiti

fell within Una district

and another in Kangra.

Hence, two separate

cases were registered.

Goraya,

Tehsil

Phillaur,

District

Jalandhar, Punjab)

(ii) Phool Chand (s/o

Ram Narayan, r/o

Village

Sangh

Dhesian,

PS

Goraya,

Tehsil

Phillaur,

District

Jalandhar, Punjab)

(iii) Harry (s/o Santokh

Ram, r/o Village

Surja, PS Goraya,

District Jalandhar,

Punjab)

77.

FIR No. 63 dated

29.11.2023 u/s 153A

IPC & 3 of Himachal

Pradesh Open Places

(Prevention

of

Disfigurement)

Act,

1985 at PS Chintpurni,

district Una

Assam (03 cases)

78.

FIR No. 729/20 on

10.06.2020

at

PS

Dhubri,

District

Dhubri, Assam vide u/s

107, 120A, 121, 153A,

153B IPC, Section 39 of

UA(P)A and Section

66F of the IT Act, 2000

The case was registered

against SFJ on the

complaint of one Aneesh

Paul

(s/o

Naranyan

Chandra Paul, r/o R.K.

Mission Road, Ward No.

15, PO Khalilpur, PS

Dhubri,

District

Dhubri, Assam).

00

Under

investigation

79.

FIR No. 02 dated

02.04.2023 at PS STF,

Guwahati, Assam u/s

121, 124A, 506 IPC,

10/13/16/18

UA(P)A,

1967

The case was registered

w.r.t.

seditious

and

disruptive calls of SFJ

targetting

then

scheduled visit of Indian

PM

to

Guwahati

(Assam) on the occasion

of Bihu.

00

Under

investigation

80.

FIR No. 03 dated

25.04.2023 at PS STF,

The case was registered

w.r.t.

seditious

and

00

Under

investigation

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

59

Guwahati, Assam u/s

120B, 121, 124A, 506

IPC,

10/13/16/18/20

UA(P)A, 1967

disruptive calls of SFJ

w.r.t. incarceration of

the ‘Waris Punjab De’

leaders in Dibrugarh

Jail, Assam.

Delhi NCR (13 cases)

81.

FIR No 179 dated

17.07.2020 u/s 124A

IPC,

10(a)/13(1)

UA(P)A

1967

at

Special

Cell,

Delhi

Police

The case was registered

against

Gurpatwant

Singh Pannun and SFJ

on the complaint of

Puneet Singh Chandok

(Indian World Forum).

00

Under

investigation

82.

FIR

No

28

dated

14.01.2021 u/s 18B, 20

UA(P)A 1967, 120-B

IPC at PS Special Cell,

Delhi Police

The case was registered

against

Gurpatwant

Singh Pannun& SFJ for

inciting youths to raise

Khalistani flag at India

gate on Republic Day

2021.

00

Under

investigation

83.

FIR No. 49 dated

04.02.2021 u/s 124A,

153, 153A, 120B IPC at

PS Cyber Cell, Delhi

Police

This case is related to

the

Toolkit

incident,

involving

Greta

Thunberg, Disha Ravi

and

Canada

based

Poetic

Justice

Foundation.

00

Under

investigation

84.

FIR No. 211 dated

09.08.2021 u/s 120B,

124A,

153

IPC

&

13/18/18B/20/39

UA(P)A 1967 at PS

Special

Cell,

Delhi

Police

The case was registered

against

SFJ

and

Gurpatwant

Singh

Pannun in connection

with a disruptive call,

given ahead of the

Independence

Day

2021, calling for raising

of Khalistan flag in New

Delhi targetting then

00

Under

investigation

60

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

ongoing

farmers’

protest at Delhi borders.

85.

FIR No. 06 dated

12.01.2022 u/s 153,

153A,

506

IPC

&

13/18/20 UA(P)A 1967

at PS Cyber Cell, Delhi

Police

The case was registered

against

SFJ

and

Gurpatwant

Singh

Pannun in connection

with a seditious call,

given targetting then

upcoming Republic Day

celebrations

in

New

Delhi.

00

Under

investigation

86.

FIR No. 18 dated

19.01.2023 u/s 120-B,

153-B IPC at PS Lodhi

Colony, (Special Cell)

Delhi Police

This case is relating to

the two-member module

of SFJ (Vikram Singh &

Balram Singh), which

had

written

pro-

Khalistan graffiti at 11

different locations of

West Delhi district in the

intervening

night

of

January 18/19, 2023 on

the instructions of their

US

based

handler

Gagandeep Singh.

(02)

(i)

Vikram Singh (s/o

Ashok Singh, r/o

C- 61/A, Tilak

Vihar,

Tilak

Nagar, Delhi)

(ii) Balram Singh (s/o

late

Mahender

Singh,

o/r/o

Village

Jatoli

Qadim, PS Deeg,

District

Bharatpur,

Rajasthan, p/r/o

H. No. 1109, Desu

Street,

Mahipalpur,

Delhi)

The case is

under

trial.

The

accused

were granted

bail

on

24.03.2023.

87.

FIR No. 28 dated

27.08.2023

u/s

153/153A/505 IPC &

03 Delhi Prevention of

Defacement of Property

Act at PS Nangloi

Metro Station

These two cases are

related to the incident of

writing of pro-Khalistan

graffiti

outside

five

metro stations and one

school of West Delhi in

the early morning hours

(02)

(i)

Pritpal

Singh

Brar (s/o Gurlal

Singh, r/o Village

Dod,

PS

Baja

Khana,

Tehsil

The case is

under trial.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

61

88.

FIR No. 697 dated

28.08.2023

u/s

153/153A/505/34 IPC

& 03 Delhi Prevention

of

Defacement

of

Property Act has been

registered

at

PS

Nangloi

of August 27, 2023

targetting

the

G-20

summit in New Delhi

(Sept. 9/10, 2023). Two

culprits involved in the

incident (Pritpal Singh

&

Rajwinder

Singh)

were arrested (August

30/31,

2023)

from

Bathinda.

Jaito,

District

Faridkot, Punjab)

(ii) Rajwinder Singh

(s/o

Jarnail

Singh, r/o Village

Gondhara,

PS

Baja

Khana,

Tehsil

Jaito,

District Faridkot,

Punjab)

89.

FIR No. 705 dated

28.09.2023

u/s

153,153A, 153B, 120B,

505 IPC & 03 Delhi

Prevention

of

Defacement of Property

Act at PS Kashmiri

Gate, New Delhi

The case is related to

writing of pro-Khalistan

graffiti on Yudhishthir

Setu

flyover,

ISBT

Kashmiri

Gate

on

September 27, 2023.

Later, one Malak Singh

Virk was arrested by

Delhi Police from

Mehmoodpur, Kaithal,

Haryana on 19.11.2023

in the case, who was

also found culprit in two

more graffiti incidents

in Haryana.

(01)

(i) Malak Singh Virk

(s/o

Sukhchain

Singh, r/o Village

Talheri,

Tehsil

Pehowa,

PO

Malakpur, District

Kurukshetra,

Haryana)

(He is accused in two

more cases in the list at

Sl. No. 65 & 68.)

Under

investigation

90.

FIR No. 469 dated

18.12.2023 u/s 03 Delhi

Prevention

of

Defacement of Public

Property Act 2007 at

PS Hari Nagar, New

Delhi

The case was related to

writing of pro-Khalistan

graffiti on Metro Pillar

No. 509 at Hari Nagar,

New

Delhi

on

18.12.2023.

00

(The

case

was

registered

against

unknown

persons.

However, it was later

found that one Delhi

based couple namely

Lakhvinder Singh (s/o

Jagdev

Singh

&

Gurmeet Kaur, PP No.

V1310570)

and

his

Under

investigation

62

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

wife Inderpreet Kaur

(both r/o WZ-315B,

Gali No. 18, Sant

Garh,

Tilak

Nagar,

New Delhi – 94) was

the culprit. They fled to

the US within hours of

writing graffiti along

with their two children

(Japjeet

Singh

&

Jaskirat Singh). They

boarded flight for US

from IGI Airport, New

Delhi at 07:00 hours

on 18.12.2023.)

91.

FIR No. 106 dated

16.01.2024 u/s 3 Delhi

Prevention

of

Defacement of Public

Property Act 2007 at

PS Nihal Vihar, West

Delhi

The case is related to

sighting

of

pro-

Khalistan graffiti on

16.01.2024 at a wall on

Nala

Service

Road,

Machhli Pul, Chander

Vihar.

The

graffiti

content was on the

proposed

commencement of the so

called

‘Khalistan

Referendum’ in India on

26.01.2024. The case

was registered against

unknown persons.

00

Under

investigation

92.

FIR No. 47 dated

19.01.2024 u/s 3 Delhi

Prevention

of

Defacement of Public

Property Act 2007 at

PS Nihal Vihar, West

Delhi

The case is related to

inscribing

of

pro-

Khalistan graffiti on the

walls of Sarvodaya Bal

Vidyalaya, Janta Flats,

Hastsal, Uttam Nagar,

Delhi in the intervening

(01)

(i) Sunny Singh (s/o

Satpal Singh, r/o A-

98,

Shiv

Vihar,

Uttam Nagar, New

Delhi)

The case is

under

investigation.

The

accused

was

released

on

bail/PR

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

63

night of January 18/19,

2024. The case was

initially

registered

against

unknown

persons.

Later,

one

Sunny

Singh

was

arrested by Delhi Police

on

31.01.2024

in

connection

with

the

incident.

bond

on

02.02.2024.

93.

FIR No. 75 dated

26.01.2024 u/s 3 Delhi

Prevention

of

Defacement of Public

Property Act 2007 at

PS Tilak Nagar, New

Delhi

The case is related to

inscribing

of

pro-

Khalistan graffiti on the

walls of a park near

MCD Primary School,

Mukherjee Park, Vishnu

Garden, Delhi in the

intervening

night

of

January 25/26, 2024.

The case was initially

registered

against

unknown persons. Later,

one Jaswinder Singh

was arrested by Delhi

Police on 31.01.2024 in

connection

with

the

incident.

(01)

(i) Jaswinder Singh @

Lucky

(s/o

Charanjeet Singh,

r/o Plot No. 100,

WZ-33,

Chand

Nagar, Tilak Nagar,

New Delhi)

The case is

under

investigation.

The

accused

was

released

on

bail/PR

bond

on

31.01.2024.

Rajasthan (01 case)

94.

FIR No. 56 dated

24.10.2023 u/s 153A,

153B, 505 IPC at PS

GRP, Hanumangarh

The case is related to

writing of pro-Khalistan

graffiti on the boundary

wall of Hanumangarh

Railway Station, district

Hanumangarh

(Rajasthan) on October

24, 2023. The case was

(02)

(i) Harmanpreet Singh

(s/o Kaku Singh, r/o

Village Nasibpura,

Tehsil

Talwandi

Sabo,

District

Bathinda)

The case is

under

investigation.

The

two

accused were

brought

to

Rajasthan

from

Punjab

by

GRP

64

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

registered

against

unknown persons.

(ii) Lovepreet

Singh

(s/o Jagseer Singh,

r/o Ward No. 5,

Village Kotshamir,

District Bathinda)

(These two persons are

also accused in four

more cases in the list at

Sl. No. 50, 51, 52 &

74.)

Hanumangarh

on 10.01.2024

on

transit

remand.

Chandigarh (01 case)

95.

FIR No. 51 dated

26.01.2023 u/s 3 of

Delhi

Prevention

of

Defacement of Property

Act at PS Sector-36,

Chandigarh

On January 26, 2023,

pro-Khalistan

slogans

were found written on a

signboard in front of

Beant Singh Memorial,

Sector 42, Chandigarh

00

Under

investigation

Jharkhand (01 case)

96.

FIR No. 69 dated

19.02.2024 u/s 10/13

UA(P)A, 1967 & 66(F)

IT Act, 2000 at PS

Dhurwa,

district

Ranchi

The case was registered

against

Gurpatwatnt

Singh Pannun for his

disruptive call, wherein

he had insisted England

cricket team captain

Ben Stokes to show

solidarity

with

the

protesting

farmers

(farmers’ protest 2.0) by

‘boycotting’

the

last

match of India-England

04-match test series,

which was scheduled to

be held at Ranchi during

February 22-26, 2024.

00

Under

investigation

•

Cases registered by National Investigation Agency (NIA)

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

65

Sl

No.

Case Particulars

Brief background

1.

RC-02/2019/NIA/DLI u/s 120B,

124A, 153A, 153B, 505 IPC and

13/17/18 UA(P)A, 1967

Charge sheet was filed against Gurpatwant Singh

Pannun and his associates on December 09, 2020.

Government of India had attached the properties of

Pannun at Village Khankot Amritsar, Punjab (46 Kanal)

and at Village Sultanwind Amritsar, Punjab (11 Kanal

13.5 Marlas) under section 51A of UA(P)A, 1967 in

connection with this case.

2.

RC-19/2020/NIA

dated

05.04.2020 u/s 124A, 153A, 153B

and 120B and 17/18/19 UA(P)A,

1967

FIR No 152/2020 dated 19.10.2018, registered at PS

Sultanwind Amritsar, Punjab was re-registered by the

NIA on April 05, 2020 under this case on the request of

Government of Punjab. NIA filed charge sheet against

Gurpatwant Singh Pannun and others in the case on

December 18, 2020 at NIA, Special Court, Mohali,

Punjab.

3.

RC-30/2020/NIA/DLI u/s 121,

121A, 124A, 153A, 153B IPC and

Section 2 of Prevention of Insults

to National Honours Act, 1972

registered at NIA Hqrs., New

Delhi

This case is related to the incident of Khalistani flag

hoisting at the DC Office, Moga on August 14, 2020. The

case was initially registered at PS Moga City-1, district

Moga vide FIR No. 136 dated 14.08.2020 u/s 115, 121,

121A, 124A, 153A, 153B, 506 IPC, Section 2 of the

Prevention of Insult to National Honour Act, 1971, 66F

IT Act & 10/11/13 UA(P)A. It was later taken over by the

NIA.

4.

RC-40/2020/NIA/DLI

dated

15.12.2020 u/s 120B, 124A,

153A,

153B

IPC

and

13/17/18/18B/20

UA(P)A,

registered at NIA Hqrs., New

Delhi

The case was registered on the basis of a communication

of MHA sent to the Director, NIA regarding funding of

then ongoing farmers’ protest by Sikhs For Justice,

Gurpatwant Singh Pannun and others. The Toolkit scam

was also related to this.

5.

RC-12/2021/NIA/DLI

dated

18.06.2021 u/s 124A, 131, 153A

IPC and 10A/13(1) UA(P)A

registered at NIA Hqrs., New

Delhi

The case is related to the tele marketing calls made by

SFJ during first wave of Covid-19, thereby offering

Indian Army personnel INR 5000 extra salary for

quitting Indian Army. The case was initially registered

at PS Sadar Kurali, Mohali (FIR No. 43 dated

19.06.2020) u/s 124A, 131, 153A IPC & 10A/13(1)

UA(P)A. It was later taken over by the NIA.

66

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

6.

RC-35/2021/NIA/DLI

dated

30.12.2021 u/s 120A, 120B IPC

and 10/13/17/18/18B UA(P)A

registered at NIA Hqrs., New

Delhi

The case was related to the incident of IED blast at the

District & Sessions court Complex, Ludhiana on

23.12.2021, which was masterminded by Germany

based BKI militant as well as SFJ activist Jaswinder

Singh Multani.

7.

RC-22/2022/NIA/DLI

dated

18.05.2022

The case was related to the incident of recovery of IED

from the Burail Jail, Chandigarh in April 2022, which

was smuggled cross border by Germany based BKI

militant and SFJ activist Jaswinder Singh Multani. The

case was subsequently taken over by the NIA.

8.

RC-30/2023/NIA/DLI

dated

20.11.2023 u/s 120B, 153A, 506

IPC and 10/13/16/17/18/ 18B

UA(P)A registered at NIA Hqrs.,

New Delhi

The case was registered against Gurpatwant Singh

Pannun over issuance of videos threatening people not

to fly in Air India flights and announcing global

blockade of operation of Air India flights on November

19, 2023, coinciding with the ICC World Cup 2023 final

match.”

10.

In the aforesaid background, the Central Government, keeping in view the continuing subversive

activities of SFJ, which are aimed at disrupting the sovereignty and territorial integrity of the country,

extended the declaration of SFJ as an Unlawful Association for a further period of five years from 10th July,

2024 vide Notification No.S.O.2660(E) dated 08th July, 2024, subject to orders under Section 4 of the Act.

II.

PROCEDURE FOLLOWED BY THIS TRIBUNAL

11.

The matter was listed for hearing on 14th August, 2024 upon receiving the Reference pursuant to

Section 4(1) of UA(P)A, along with documents as provided under Rule 5(i) and (ii) of Unlawful Activities

(Prevention) Rules, 1968, vide communication dated 06th August, 2024 including the notifications dated 08th

July, 2024 and 02nd August, 2024. On consideration of the material placed on record, this Tribunal was of

prima facie opinion that notice be issued to ‘Sikhs for Justice (SFJ)’ to show-cause within thirty days, for

purpose of adjudication, whether or not there is sufficient cause for extending the declaration of ‘Sikhs for

Justice (SFJ)’ as an ‘Unlawful Association’, in terms of Notification No.S.O.3097(E) dated 02nd August,

2024. Accordingly, the notice was directed to be served on the association to show-cause as to why the said

association be not declared unlawful and why order should not be made confirming the declaration made

under sub-section (1) and (3) of Section 3 of the Act by the Central Government.

12.

The notice of service was further directed to be served in the following manner:

a) by affixing a copy of the notification at some conspicuous part of the offices(s), if any, of the

Association;

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

67

b) by serving a copy of the notification, wherever possible, on the principal office-bearers, if any, of the

Association;

c) by proclaiming by beat of drums or by means of loudspeakers, the contents of the notification, in the

area in which the activities of the Association are ordinarily carried on or are believed to be ordinarily

carried on;

d) by registered post/speed post/courier;

e) by making announcement over radio/television from the local or nearest broadcasting station of the

All India Radio/Doordarshan;

f) by pasting the notification on the Notice Board of the office of the Deputy Commissioner/District

Magistrate/Tehsildar at the Headquarters of each of the Districts in the State(s), where the activities

of the Association are ordinarily carried on or are believed to be ordinarily carried on;

g) by publication in the two National Newspapers in ‘English’ and ‘Hindi’ (All India Edition) and a

daily newspaper in vernacular, circulating in the concerned State(s) in India, where the activities of

the Association are ordinarily carried on or are believed to be ordinarily carried on; and

h) by publishing on the website of the Ministry of Home Affairs (https://www.mha.gov.in).

13.

In compliance to the directions of this Tribunal, affidavit of service of notice was placed on behalf

of State of Rajasthan, Gujarat, Assam, Uttarakhand, Uttar Pradesh, Haryana, Himachal Pradesh, Jharkhand,

Punjab, GNCT of Delhi, Union Territories of Chandigarh and Jammu & Kashmir, informing the factum of

service of notice.

Also, an affidavit of service was placed on behalf of Union of India confirming the service on the

respondent association (Sikhs for Justice ‘SFJ’), supported with the reports from the Consulate General of

India, Toronto, Canada; Consulate General of India at New York, USA and High Commission of India at

London, UK.

14.

Since none appeared on behalf of ‘Sikhs for Justice (SFJ)’ despite affidavits of service placed on

record, ‘Sikhs for Justice (SFJ)’ was proceeded ex parte vide order dated 16th October, 2024.

III.

PROCEDURE TO BE FOLLOWED IN EX-PARTE PROCEEDINGS

15.

Despite non-appearance of the concerned organization, this Tribunal is mandated to make an

“objective determination”, to test the credibility of the material/evidence placed on record by the Union of

India and to satisfy itself that the declaration of Unlawful Association is not made as per “ipse dixit of the

Union of India”, as observed by the Hon'ble Supreme Court in Jamaat-E-Islami Hind v. Union of India,

(1995) 1 SCC 428.

16.

So as to satisfy judicial conscience of this Tribunal for the purpose of coming to the conclusion that

extension of declaration of SFJ as an unlawful association for a further period of five years with effect from

10th July, 2024 is not based on the “ipse dixit of the Union of India” and that there is ‘sufficient cause’ for

declaring the association unlawful, the dates of hearing were fixed for examining the witnesses to

68

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

independently assess their credibility and relevancy with reference to the material/evidence placed on record

by the Union of India.

17.

In order to facilitate the appearance on behalf of the members/office bearers of the association (SFJ)

and enable any person/member of public to participate in the proceedings, the Tribunal apart from scheduling

the dates of hearing at Delhi, also conducted the proceedings and examined the witnesses at Union Territory

of Chandigarh; Shimla (Himachal Pradesh); Guwahati (Assam); Udaipur (Rajasthan) and Dehradun

(Uttarakhand). Notices of the dates of hearing fixed at aforesaid places, were also issued through Ministry

of Home Affairs, Government of India in local dailies (in English/regional language) for information of

general public.

18.

Despite service of notice upon SFJ and wide publicity given to hearings scheduled for the purpose

of facilitating participation of any member/office bearer of SFJ, neither the concerned association, nor any

of its office bearers or members entered appearance to contest the proceedings. No reply was filed on behalf

of the concerned association, as contemplated under Section 4(2) of the UA(P)A despite ample opportunity

afforded to the concerned association/its office bearers to appear before this Tribunal and give their written

version/adduce evidence, if any, to oppose the declaration vide notification dated 08th July, 2024.

IV.

REFERENCE TO APPLICATIONS FILED DURING THE COURSE OF

PROCEEDINGS

19.

It may be noticed that during the course of proceedings, an application was filed on behalf of Shanker

Lal Dusad, Pradeep Poonia and Ajeet Kumar Sharma, accused in FIR No.0001/2024, PS: ATS, Gomti Nagar

under Section 121-A/419/420/467/468/471/120-B IPC submitting their ‘No Objection’ for declaring ‘Sikhs

for Justice (SFJ)’ as an unlawful association. On 16th October, 2024, Ms. Sumitra Choudhary, Advocate

representing aforesaid applicants requested that they may be discharged from present proceedings as no

further action is required at their end. The order was accordingly recorded since the same was not objected

to, by learned counsel for the Union of India.

20.

Also, during the course of proceedings on 14th November, 2024 in hearing at Chandigarh, an

application was filed by one Vijay Singh Bhardwaj, who claimed to be aggrieved by the acts of Sikhs for

Justice.

The copy of the application was supplied to learned ASG, who submitted that since the applicant

supported the stand of Union of India, no further action was required on the application, since evidence in

accordance with law is being led on behalf of Union of India. The applicant was discharged since he was not

aggrieved against declaring of ‘Sikhs for Justice (SFJ)’ to be an unlawful association.

V.

18 FIRS REGISTERED AFTER 2020 BUT NOT REFERRED IN BACKGROUND

NOTE FURTHER RELIED BY THE UNION OF INDIA

21.

It is pertinent to observe that apart from 104 FIRs mentioned in the Background Note, Union of India

has also relied upon 18 additional FIRs which do not form part of the cases/FIRs referred in Annexure-II to

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

69

the Background Note. The aforesaid FIRs have been relied by Union of India to corroborate the fact that the

activities of SFJ have continued despite being declared as an Unlawful Association vide notification dated

10th July, 2019. The details of additional FIRs reflecting brief gist of case along with status as brought on

record is tabulated as under:-

Sl.

No.

Case particulars

Incidents involved

Arrests made

Latest status of

cases

1.

FIR No. 314 dated

22.07.2024 under

sections 192, 196 &

351 BNS and Sections

10, 13 & 18 of

UA(P)A, 1967

PS: Special Cell, Delhi

Police.

This case pertains to a

threatening

prerecorded

voice notes received by two

Members

of

Parliament

(Rajya Sabha), Sh. A. A.

Rahim

and

Dr.

Sh. V.

Shivdasan, on their mobile

phones

(00)

The investigation

is

ongoing.

A

letter

has

been

sent to Interpol to

identify the user of

the

international

number

+447418603423.

The

audio

recording

has

been sent to FSL

Rohini

for

forensic analysis

to match the voice

with the suspected

individual,

Gurpatwant Singh

Pannun.

2.

FIR No. 315 dated

22.07.2024

under

Sections192, 196 &

351 BNS and Sections

10, 13 & 18 of UA(P)A,

1967

PS: Special Cell, Delhi

Police.

This case pertains to a

threatening

prerecorded

voice note received at the

landline

of

the

Hon'ble

Defence Minister's residence.

The message, attributed to

Gurpatwant Singh Punnun,

founder

of

"Sikhs

for

Justice," threatened to bomb

the Indian Parliament and

Red Fort area to promote the

Khalistan Referendum and

(00)

The investigation

is ongoing, and

efforts are being

made to identify

the user of the

international

number

+447418603423

with

assistance

from Interpol, and

further evidence is

being collected.

70

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

warned MPs to stay home if

they opposed it. The call,

originating

from

an

international

number

+447418603423, was heard

by Havildar Anoop P. Soman

on duty.

3.

FIR No. 119 dated

14.05.2022

registered

under

Section 505 IPC &

Section 3 of Prevention

of

Defacement

of

Property Act, 1985 at

Police

Station

City

Budhlada,

District

Mansa, Punjab.

This case pertains to the

discovery of objectionable

handwritten

posters

promoting

Khalistani

sentiments

and

anti-India

secessionist

propaganda.

These

posters,

bearing

slogans like "Freedom 2020

Vote India Out of Khalistan,

US Media International etc.",

were

found

pasted

on

government property on a

railway flyover at Boha Road

in Budhlada, District Mansa.

(00)

An

Untrace

Report

under

Section

173

Cr.P.C.

was

prepared by the

SHO of Police

Station

City

Budhlada

on

28.12.2022

and

subsequently

submitted to the

court

on

09.09.2023.

4.

FIR No. 23 of 2023,

dated 07.03.2023 under

Sections 124-A, 153-A,

504, 120-B of the

Indian

Penal

Code

(IPC) and Section 66F

of

the

Information

Technology Act, at

Police Station Verka,

District

Commissionerate

Amritsar, Punjab.

This case pertains to a viral

video

circulated

by

Gurpatwant Singh Pannun,

General Counsel for Sikhs

for Justice (SFJ). In the

video,

Pannun

made

provocative

statements,

claiming Punjab is not part of

India, announcing plans to

disrupt train services on

March 15 and 16, and

alleging the hoisting of a

Khalistan

flag

at

Verka

Bypass in Amritsar during

the G-20 summit.

(00)

The case is under

investigation. The

accused

Gurpatwant Singh

Pannun is still at

large.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

71

Pannun also criticized the

Punjab

government

for

neglecting

farmers

and

directed threats towards Amit

Shah and Bhagwant Mann,

stating that deaths occurring

in their homes would soon

impact others. He further

warned that train stations in

Amritsar,

Ludhiana,

Bathinda,

and

Firozpur

would be shut down during

the G-20 summit and that SFJ

supporters would confront G-

20 delegates.

5.

FIR No. 317 dated

12.07.2023

under

Section 3 of Punjab

Prevention

of

Defacement

of

Property Act, PS City-2

Barnala Punjab.

During

investigation,

offence u/s 153 IPC

was

added

on

20.03.2024.

This case pertains to an

incident of defacement of

public property in Barnala,

Punjab. According to ASI

Tek Chand, based on secret

information,

it

was

discovered that signboards

outside the office of the

Forest Range Officer on

Handiaya Road and opposite

the rest house (marking the

residence of the Deputy

Commissioner)

had

been

vandalized with the letters

“SFJ” written in black paint.

During investigation, it was

discovered that signboards

outside the Forest Range

Officer’s office on Handiaya

Road and near the Deputy

Commissioner’s

residence

(01)

Kulvir

Singh

R/o

Tapa

has

been

arrested in this case.

The matter is now

fixed for framing

of

charge

on

07.01.2025.

72

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

had been defaced with the

words “Khalistan and SFJ”

written

in

black

paint.

Additionally,

another

signboard

displayed

the

message “SAHID NIJJAR

DA BADLA MODI SHAH

THOKO

WORLD

CUP

ROKO SFJ”, and a similar

signboard was found on the

wall of the Judicial Complex

in Barnala.

6.

FIR

No.107

dated

01.05.2022 registered

under Sections 153A &

153B

of

IPC

and

Section 3 of Punjab

Prevention

of

Defacement

Property

Ordinance Act, 1997 at

Police Station City-I,

Malerkotla, Punjab.

This case pertains to an

incident in Malerkotla where

a saffron-colored flag and

banner

with

the

words

"Punjab

Hal

Khalistan,

Khalistan Zindabad" written

in

Punjabi

were

found

hoisted on the wall of

Nirankari Bhawan and the

side gate of the DC Office.

(01)

Accused Happy S/O

Ram

Krishan,

resident

of

Near

Shivaji Mandir, Giani

Jail Singh Colony,

Amargarh has been

arrested in the case.

The

case

is

pending

trial

before the Court

of

SDJM,

Malerkotla.

7.

FIR

No.73

dated

06.12.2023 registered

under Section153-B of

IPC

at

PS

GRP

Bathinda, Punjab.

This case pertains to the

registration

of

the

FIR

following an application by

Sandeep Pathak, Advocate,

Hindu Maha Gathbandan,

Bathinda, requesting action

against

individuals

responsible

for

placing

posters and banners related to

the Khalistan Association at

the Bathinda-Mansa Road

underbridge.

(02)

Two accused were

arrested

i.e.

Lovepreet Singh S/o

Jagsir Singh resident

Kot Shameer District

Bathinda

and

Harmanpreet

Singh

S/o

Kaku

Singh

resident

of

Kaile

Bandar (Nasibpura)

Police

Station

Talwandi

Sabo

District Bathinda.

The investigation

into the matter is

ongoing.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

73

8.

FIR

no.

45

dated

05.08.2021

under

Sections

124A

and

153A IPC & Sections

10 (a) and 13 UAP Act,

registered at PS Cyber

Crime

Gurugram,

Haryana.

The

case

pertains

to

circulation of a pre-recorded

audio-video message which

states that the people of

Haryana and the elected

government

are

acting

against the interest of the

people

of

Punjab.

The

individual

delivering

this

message identified himself as

Gurpatwant Singh Pannun.

(00)

Despite

investigation the

whereabouts

of

the accused could

not be ascertained.

Untrace

report

dated 16.12.2023

was filed with a

direction that in

case any clue is

found in future,

the investigation

will continue.

9.

FIR

no.

28

dated

15.04.2022

under

Sections

124A

and

153A IPC & Sections

10 (a) and 13 UAP Act,

1967 registered at PS

Cyber

Crime,

Gurugram, Haryana

The case pertains to an audio-

video message circulating on

YouTube

showing

Gurpatwant Singh Pannun re-

asserting Punjab’s claim on

Haryana. In a video statement

Gurpatwant Singh Pannun

announced that SFJ will

launch “Haryana Banyega

Khalisthan” campaign on 29th

April to recruit volunteers

who

will

advocate

for

liberation of Haryana from

Indian occupation through

Khalistan Referendum. FIR

also mentioned that SFJ has

also released a map of the

areas earmarked for cessation

from

India

through

Khalistan.

(00)

The accused could

not be ascertained

during

investigation and

as such, a untrace

report

dated

24.11.2023

was

filed

with

a

direction that in

case any clue is

found in future,

the investigation

will continue.

74

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

10.

FIR

no.

45

dated

06.08.2022

under

Section 66 Information

Technology

Act,

Sections

124A

and

153A IPC & Sections

10 (a) and 13 UAP Act

registered at PS Cyber

Crime,

Gurugram,

Haryana.

The case pertains to a pre-

recorded

audio-video

message being circulated on

Twitter (now “X”) showing

Gurpatwant Singh Pannun

stating “India has occupied

Punjab. This is the last war of

freedom for the people of

Punjab. Punjab’s last war of

independence has started on

75 years of independence. On

15th August 2022 Khalistani

flag should be hoisted at

every house and the tri-color

should

be

burnt.

The

questions before the people of

Punjab are whether they are

with Hindustan or with Sikh

community. The last war for

freedom has begun”.

(00)

The accused could

not be traced and

as such, untrace

report

dated

24.11.2023

has

been filed with a

direction that in

case any clue is

found in future,

the investigation

will continue

11.

FIR

No.

91

dated

02.10.2022

under

Section 153-B IPC, PS-

Thermal,

Bathinda,

Punjab.

This

case

involves

an

incident where anti-national

and divisive slogans were

discovered written in black

ink on the wall of the Forest

Department

near

Papiha

Palace,

Joganand

Road,

Bathinda.

The

slogans

included phrases such as

"Hindustan

Murdabad,"

"Muslim Sikh Bhai Bhai,"

"SFJ,"

and

"Khalistan-

Pakistan Jindabad."

(02)

i) Rajwinder Singh

s/o Jarnail Singh s/o

Jodh

Singh

r/o

Godara,

Distt.

Faridkot.

ii) Pritpal Singh s/o

Gurlal

Singh

s/o

Harbans Singh r/o

Village- Doda, Distt.

Faridkot

were

arrested.

The proceedings

are pending before

the

concerned

Court and the last

date of hearing

was

fixed

for

07.11.2024.

12.

FIR

No.

13

dated

27.02.2023 registered

under Section 153-A

IPC & Section 3 of

This case involves anti-

national slogans written in

black ink on the outer wall of

the

Polytechnic

College

(00)

The

Untrace

Report has been

accepted by the

Court of Sh. Vijay

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

75

Punjab Prevention of

Defacement

of

Property Act, Police

Station

Smalsar,

District Moga, Punjab.

Rode. The slogans included

"Khalistan Zindabad" and

"G-20

Foreign

Minister,

Punjab is not a India".

Kumar vide order

dated 20.07.2024.

13.

FIR No. 398 dated

28.07.2022

under

Sections

153A

and

120B IPC & Section 13

of Unlawful Activities

(Prevention) Act, 1967

registered

at

Police

Station-Baldev Nagar,

Ambala, Haryana.

This

case

involves

the

discovery

of

a

banner

promoting Khalistan at M.T.

Crossing, Air Force Station

Road, Ambala. The banner,

included

the

text

"HARYANA

BANEGA

KHALISTAN-

REFERENDUM

VOTING

26th JANUARY" along with

a religious symbol.

(02)

i) Accused Harvinder

Singh @ Prince was

arrested

on

22.11.2022, and

ii) Prem Singh @

Ekam was arrested on

31.01.2023

The matter is at

the

stage

of

prosecution

evidence in the

Sessions

Court,

Ambala.

14.

FIR

No.

91

dated

02.07.2020

under

Sections

153,

153A

IPC, PS Sadar Abohar,

Fazilka, Punjab

This case pertains to the

discovery of anti-national

and pro-Khalistani pamphlets

pasted on a water tank near

Khalinda Ram Dhani in

District Fazilka, Punjab. The

pamphlets contained slogans

such as "Sikha De Sare Masle

Khalistan

Vich

Hi

Hal

Honge"

and

"Khalistan",

promoting

secessionist

ideology.

(04)

i) Surinder Kumar

son of Gopi Ram

ii) Mandeep Singh @

Vakil Singh son of

Mander Singh,

iii) Iqbal Singh, were

arrested, and

iv) One Child in

Conflict with Law

was

also

apprehended.

The

case

is

pending

trial

before the Court

of JMIC, Abohar.

15.

FIR

No.

43

dated

09.08.2022

under

Section 2 of Prevention

of Insult to National

Honour

Act,

1971

This case pertains to a video

uploaded on social media in

which

Gurpatwant

Singh

Pannun issued threats against

the Chief Minister and Home

(00)

Final

Report/Untrace

Report was filed

before

the

concerned Court.

76

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

registered at PS: GRP

Sirsa, Haryana.

Minister of Haryana. He

warned them against hoisting

the tricolor on 15th August

and offered Rs. 1.25 crore to

unemployed individuals for

joining

his

campaign.

Additionally, he threatened to

burn the tricolor in front of

trains in Haryana from 13th

August to 15th August. The

video also depicted a tricolor

burning on a railway track.

16.

FIR No. 134 dated

26.03.2023

under

Section

66F

Information

Technology

(Amendment)

Act

2008, Section 153A,

505IPC, Section 13, 15,

16, 20, 38, 39(2) of

Unlawful

Activities

(Prevention) Act, 1967

registered

at

PS:

Ramnagar,

District-

Nainital, Uttarakhand

This

case

involves

threatening

prerecorded

audio messages related to the

G-20

Conference,

as

proposed to be held from

28.03.2023 to 30.03.2023.

On 26.03.2023, Inspector

Arun Kumar Saini, SHO of

PS Ramnagar, received two

calls on his mobile, and

another call was made to the

police station number.

The message, attributed to

Gurpatwant Singh Pannun,

General Counsel of Sikhs for

Justice (SFJ), was as follows:

“G-20 delegates, Ramnagar

is not India, Ramnagar is

Khalistan. Sikhs for Justice is

raise flag of Khalistan during

G-20 summit at Ramnagar, at

airport, at railway station to

show internationalize that

Ramnagar will be part of

Khalistan. Once we liberate

(00)

The investigation

is still in progress.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

77

Punjab

from

Indian

occupation

through

Khalistan freedom and if

Chief Minister Dhami try to

file the cases against Sikhs in

Uttarakhand, you will be held

accountable for each crime

you are committing. Message

is from Gurpatwant Singh

'Pannun'

SFJ

General

Council.”

17.

FIR No. 230 dated

04.10.2023

under

Section 3 of Himachal

Pradesh Open Places

(Prevention

of

Disfigurement)

Act,

1985 and Section 3 of

Prevention of Damage

to Public Property Act,

1984 registered at PS:

Dharamshala,

Himachal Pradesh.

This case pertains to an

incident of defacement of

public property. According to

the complaint by Ashwani

Kumar, while on duty near

the office of the Executive

Engineer,

Jal

Shakti

Department, he observed a

boy sitting near a wall with a

signboard

and

writing

something. At the time, the

activity

did

not

appear

suspicious.

Later, when Ashwani Kumar

exited his office, he noticed

"KHALISTAN

ZINDABAD"

written

in

English on the wall.

(00)

An

Untrace

Report

dated

25.01.2024

filed

before

CJM,

Kangra

was

accepted

vide

order

dated

05.10.2024.

18.

FIR

No.

55

dated

27.04.2024,

under

Section 153B of IPC

PS-

Civil

Lines,

Bathinda, Punjab.

This case, registered as FIR

No. 55 dated 27.04.2024 at

PS-Civil Lines, Bathinda,

pertains to the discovery of

pro-Khalistani

slogans

written in black ink on the

(06)

i.

Jeni

Ram:

Arrested

on

08.05.2024.

The case is under

investigation.

78

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

wall of the Mini Secretariat,

opposite the Women’s Police

Station,

and

the

court

complex in Bathinda. The

slogans, such as "Khalistan

Jindabad", were reported by

an

informant

to

ASI

Sukhdarshan Kumar and his

team during a patrol.

ii.

Gogi

Singh:

Arrested

on

14.05.2024.

iii.

Pritpal Singh:

Arrested after

obtaining

a

production

warrant.

iv.

Gurdas Singh

@

Jassa

Singh:

Arrested

on

15.05.2024.

v.

Randeep

Singh

@

Deep:

Arrested

on

15.05.2024

following

Gurdas

Singh's

disclosure.

vi.

Gurpreet

Singh

@

Kaku:

Arrested

on

15.05.2024

along

with

Randeep

Singh

VI.

EVIDENCE ADDUCED ON BEHALF OF UNION OF INDIA

22.

In support of extension of declaration of SFJ as an unlawful association for a further period of five

years with effect from 10th July, 2024, 52 witnesses were examined on behalf of Union of India. The details

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

79

of the witnesses along with brief reference to FIR(s) and the date and place of examination is tabulated as

under:-

Sr.

No.

PW No.

Name, Designation& FIRs in respect

of which deposition was made

Date of

Examination

Place of

Examination

1

PW-1

Shri

Ved

Prakash,

Assistant

Commissioner of Police, Special Cell,

Southern Range, Saket, Delhi Police,

Delhi.

Supervisory Officer of seven FIRs

bearing FIR Nos.179/2020; 28/2021;

211/2021; 6/2022; 18/2023;106/2024

and 47/2024 registered in Delhi

mentioned at Serial Nos.81, 82, 84, 85,

86, 91 & 92 of the background note.

26.10.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

2

PW-2

Shri

Sanjay

Dutt,

Assistant

Commissioner of Police, Special Cell,

South Western Range, Janakpuri, Delhi

Police, New Delhi.

supervisory officer in respect of (i) FIR

No. 28 dated 27.08.2023 u/s 153, 153A,

505 IPC, 03 Delhi Prevention of

Defacement of Property Act at PS

Nangloi Metro Station, New Delhi, (ii)

FIR. No. 697 dated 28.08.2023 u/s 153,

153A, 505/34 IPC, 03 Delhi Prevention

of Defacement of Property Act at PS

Nangloi, New Delhi, (iii) FIR No. 705

dated 28.09.2023 u/s 153, 153A, 153/B

505 IPC, 120-B IPC and 03 Delhi

Prevention of Defacement of Property

Act at PS Kashmiri Gate, New Delhi,

(iv) FIR No. 469 dated 18.12.2023 03

26.10.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

80

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

Delhi Prevention of Defacement of

Property Act at PS Hari Nagar, New

Delhi, (v) FIR No. 75 dated 26.01.2024

03 Delhi Prevention of Defacement of

Property Act at PS Tilak Nagar New

Delhi, (vi) FIR No. 314/24 dated

22.07.24, u/s 192/196/351BNS &

10/13/18 UA(P)A, PS Special Cell,

New Delhi and (vii) FIR No. 315/24

dated 22.07.24, u/s 192/196/351 BNS &

10/13/18 UA(P)A, PS Special Cell,

New Delhi. The FIRs at Serial No.(i) to

(v) referred to above are mentioned at

serial

no.87,88,89,90,93

at

ANNEXURE-II

of

the

reference

note/background note.

3

PW-3

Shri Ashish Khari, Inspector of Police,

CIB Division of National Investigation

Agency (NIA), New Delhi.

Chief Investigating Officer (CIO) of

RC-12/2021/NIA/DLI mentioned at

Serial No. 2 (cases registered by

National Investigation Agency) of

Annexure

II

to

the

Reference

Note/Background Note.

26.10.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

4

PW-4

Shri

Balwinder

Singh

Randhawa,

Superintendent of Police, Investigation,

District Gurdaspur, Punjab, India.

supervisory officer of FIR bearing No.

42 dated 02.06.2022 registered u/s 153-

B IPC Police Station Kalanaur, District

Gurdaspur mentioned at Serial No. 29

of Annexure II to the Reference

Note/Background Note.

28.10.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

81

5

PW-5

Shri

Manmohan

Singh

Aulakh,

Superintendent of Police, Investigation,

District Mansa, Punjab, India.

supervisory officer of FIR bearing No.

119 dated 14-05-2022 registered u/s

505 IPC & s. 3 of Prevention of

Defacement of Property Act, 1985 at

Police Station City Budhlada, District

Mansa. This FIR is a new case and not

mentioned in Annexure II to the

Reference Note/Background Note.

28.10.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

6

PW-6

Shri Ramanpreet Singh Gill, Deputy

Superintendent of Police, Detective,

District Sri Muktsar Sahib, Punjab,

India.

Deputy Supervisory Officer of FIR

bearing

No.01

dated

03-01-2023

registered u/s 124-A, 153-A, 153-B, 34

IPC Police Station Sadar, Sri Muktsar

Sahib, District Sri Muktsar Sahib,

mentioned at Serial No.43 of Annexure

II to the Reference Note/Background

Note.

28.10.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

7

PW-7

Shri

Suknwinder

Singh,

Deputy

Superintendent

of

Police,

City,

Ferozpur, Punjab.

Supervisory Officer of FIR NO.130 of

2022 registered at PS Sadar, Ferozepur

mentioned at Serial No.33 of Annexure

II to the Reference Note/Background

Note.

28.10.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

8

PW-8

Shri Sarabjit Singh, Superintendent of

Police

(INVESTIGATION),

Hoshiarpur, Punjab.

28.10.2024

Court Room

No.33, Punjab &

Haryana High

82

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

Supervisory officer of FIR No. 93 dated

06.08.2016 PS Chabbewal, Hoshiarpur

mentioned at Sr. No. 1 of Annexure II to

the Reference/Background Note.

Court,

Chandigarh.

9

PW-9

Shri Paramjit Singh, Inspector in

Counter Intelligence, Bhatinda.

Deputy Supervisory Officer of FIR

No.233 of 2023 registered at PS: Canal

Colony, Bathinda mentioned at Serial

No.52 respectively of Annexure II to

the Reference/Background Note.

28.10.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

10

PW-10

Shri Navjot Singh, Additional Deputy

Commissioner of Police, Investigation,

Police Commissionerate, Amritsar.

28.10.2024Partly

examined

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

Shri Navjot Singh, Additional Deputy

Commissioner of Police, Investigation,

Police Commissionerate, Amritsar.

Supervisory Officer of four FIRs

bearing FIR Nos.168/2020 (mentioned

at serial no.20 of background note),

04/2024 (mentioned at serial no.54 of

background

note),

&

69/2022

(mentioned

at

serial

no.31

of

background note) and additional FIR

N0.23/2023.

29.10.2024

examination

concluded

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

11

PW-11

Shri Rajinder Pal Singh, Deputy

Superintendent of Police, Investigation,

District Barnala, Punjab.

Supervisory Officer of FIR bearing

No.317/2023 dated 12.07.2023 u/s 3 of

29.10.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

83

Punjab Prevention of Defacement of

Property Act, PS City-2 Barnala Punjab

12

PW-12

Shri

Pawanjit, Additional

Deputy

Commissioner of Police, Ludhiana.

Supervisory Officer of FIR No.154 of

2021

registered

at

P.S.

Dehlon

mentioned at Serial No.25 of the

background note.

29.10.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

13

PW-13

Shri Vaibhav Sehgal, Superintendent of

Police,

Investigation,

Malerkotla,

Punjab, India.

Supervisory

Officer

of

the

investigations in District Malerkotla,

State of Punjab of FIR bearing No.107

dated 01.05.2022 registered u/s 153A,

153B of IPC and section 3 of Punjab

Prevention of Defacement Property

Ordinance Act, 1997 at Police Station

City-I, Malerkotla, which was not

mentioned in Annexure II to the

Reference/Background Note.

29.10.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

14

PW-14

Shri

Navneet

Singh

Mahal,

Superintendent

of

Police

(PBI),

Rupnagar, Punjab.

Supervisory Officer of FIR bearing

No.52 Dated 13.04.2022 u/s 124-

A,153-A, 153-B, 120-B IPC and section

13, 16 and 18 UA(P) Act, mentioned at

Serial no. 27 of the background note.

29.10.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

15

PW-15

Shri Migom Doley, Superintendent of

Police,

CIB

Division

National

Investigation Agency, New Delhi.

07.11.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

84

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

Chief Investigating Officer of RC

bearing no RC-30/2023/NIA/DLI dated

17.11.2023 registered by the National

Investigation Agency. under Sections

120B, 153A & 506 of IPC & sections

10, 13, 16, 17, 18, 18 B & 20 of UA (P)

Act, 1967, which is mentioned at Serial

No.8 (cases registered by National

Investigation Agency) of Annexure II to

the Reference Note/Background Note.

16

PW-16

Shri Nidhin Lal, Superintendent of

Police, National Investigation Agency,

New Delhi.

Chief Investigating Officer of RC

bearing

no

RC-40/2020/NIA/DLI

registered by the National Investigation

Agency under Sections 120B, 124A,

153A and 153B of the Indian Penal

Code and Sections 13, 17, 18, 18B and

20

of

the

Unlawful

Activities

(Prevention) Act, 1967, which is

mentioned at Serial No.4 (cases

registered by National Investigation

Agency) of Annexure II to the

Reference Note/Background Note.

07.11.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

17

PW-17

Shri Raghvendra Vashistha, Inspector

of Police, I&O Division, National

Investigation Agency, New Delhi.

Chief Investigating Officer of RC

bearing no RC-02/2019/NIA/DLI under

Sections 120B, 124A, 153A, 153B and

505 of the Indian Penal Code and

Sections 13, 17 and 18 of Unlawful

Activities (Prevention) Act, 1967,

which is mentioned at Serial No.1 of

07.11.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

85

cases

registered

by

National

Investigation Agency in Annexure II to

the Reference/Background Note.

18

PW-18

Ms. Preetinder Kaur Virk, Deputy

Superintendent of Police in the National

Investigation Agency, Branch Office,

Chandigarh.

Chief Investigating Officer of RC-

19/2020/NIA/DLI dated 05.04.2020,

registered at National Investigation

Agency, Branch Office, Chandigarh

mentioned at Serial No. 2 of the

background note.

13.11.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

19

PW-19

Shri Simranjit Singh Lang (P.P.S.),

Deputy Superintendent of Police, State

Cyber Division, Punjab.

Supervisory

Officer

of

FIR

No.12/2020, 34/2021, 24/2022 and

27/2022 mentioned at Serial No.17, 23,

28 and 30 of the background note.

The Police Station concerned in

respect of FIR No.12/2020 at serial No.

17 in the background note has been

erroneously reflected as PS: SSOC

Mohali (i.e. State Special Operation

Cell) in place of PS: Punjab State Cyber

Crime.

13.11.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

20

PW-20

Shri

Sourabh

Bhardwaj,

Deputy

Superintendent of Police, NIA, Delhi.

Chief Investigating Officerof RCs

bearing No RC-30/2020/NIA/DLI; RC-

35/2021/NIA/DLI

and

RC-

22/2022/NIA/DLI mentioned at Serial

No. 3, 6 and 7 (cases registered by

13.11.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

86

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

National

Investigation

Agency)

respectively of Annexure II to the

Reference/Background Note.

21

PW-21

Smt.

Anita

Saini,

Deputy

Superintendent

of

Police/Admin/GRP/Punjab.

Deputy Supervisory Officer of the FIR

bearing

No.62

dated

05.09.2023

registered under section 153-B of IPC at

PS GRP, Bathinda (mentioned at Serial

No 49 of the background/reference

note), FIR No.73 dated 06.12.2023

registered under section153-B of IPC at

PS GRP Bathinda (this is new FIR not

mentioned in reference note), FIR No.

65, dated 11-08-2022 registered under

section 2 of Prevention of Insult To

National Honours Act, 1971, 120-B of

IPC at PS GRP Amritsar (mentioned at

Serial No 41) and FIR No. 119, dated

29-11-2023, registered under section

153-B of IPC at PS GRP Amritsar

(mentioned at Serial No. 50) of

Annexure

II

to

the

Reference/Background Note.

13.11.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

22

PW-22

Shri Kuldip Singh, Sub-Inspector In-

charge,

Police

Post,

Sector-43,

Chandigarh.

Supervisory Officer of the FIR bearing

no.51 of 2023 dated 26.01.2023

registered under section 3(1) of Delhi

Prevention of Defacement of Public

Property Act, 2007 at PS- Sector 36,

UT, Chandigarh mentioned at Serial No

14.11.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

87

95

in

Annexure

II

to

the

Reference/Background Note.

23

PW-23

Shri

Adarshdeep

Singh,

Deputy

Superintendent

of

Police,

Sirsa,

Haryana.

Supervisory Officer of FIR bearing

No.148/2023 u/s 120-B, 124-A IPC and

Section 13 of Unlawful Activities

(Prevention) Act, 1967 registered at PS:

Sirsa Sadar, mentioned at Serial no. 66

of the reference note.

14.11.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

24

PW-24

Shri Rajesh Kumar Mohan, Assistant

Superintendent

of

Police,

Hisar,

Haryana.

Supervisory Officerof FIR bearing

No.31/2022 u/s 120-B and 124A, 336,

379 IPC; Section 3 of Public Property

(Prevention of Damage) Act, 1984; 66F

of Information Technology Act; Section

150 of Railways Act, 1989 and Section

10,

13

of

Unlawful

Activities

(Prevention)

Act,

1967

dated

16.07.2022 registered at PS: Cyber

Crime, Police Station, Hisar. The same

is mentioned at Serial No. 62 of the

Reference Note.

14.11.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

25

PW-25

Smt. Deepti Garg, Superintendent of

Police, Dabwali (presently posted as

Commandant of 4th Battalion, IRB,

Manesar, Gurugram).

Supervisory Officer of the FIR bearing

No.627/2022 u/s 120-B, 124-A IPC and

Section 13 of UAP Act and FIR bearing

No.473/2023 u/s 120-B, 124-A IPC and

Section 13 of Unlawful Activities

(Prevention) Act, 1967 both registered

14.11.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

88

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

at PS: City Mandi Dabwali, Dabwali.

These are mentioned at serial no(s). 63

and 67 to the Reference Note.

26

PW-26

Shri

Siddhant

Jain,

Deputy

Commissioner of Police, Gurugram,

Haryana

(now

Superintendent

of

Police, Dabwali).

Supervisory Officer in FIRs bearing

No. 137 of 2020 and 52 of 2021,

mentioned at Serial No 56 and 59

respectively in the Reference Note. He

is also the Supervisory Officer in FIRs

bearing No. 45 of 2021, No. 28 of 2022

and No. 45 of 2022. The latter set of

FIRs do not find mention in the

Reference Note.

14.11.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

27

PW-27

Shri

Mohit

Handa,

Deputy

Commissioner

of

Police,

Crime,

Gurugram

(earlier

posted

as

Superintendent

of

Police,

Karnal,

Haryana).

Supervisory Officer of FIR No.972

dated 23.12.2020 u/s 120B IPC &

Section

13

Unlawful

Activities

(Prevention) Act, 1967 registered at P.S.

Karnal Sadar and FIR No.414 dated

20.06.2020 u/s 120B, 153A IPC &

Section

13

Unlawful

Activities

(Prevention) Act, 1967 registered at P.S.

Civil Lines, Distt. Karnal. These are

mentioned at Serial No. 58 and 61 of the

background note.

14.11.2024

Court Room

No.33, Punjab &

Haryana High

Court,

Chandigarh.

28

PW-28

Shri Rajpal, Assistant Commissioner of

Police, Crime, Sonipat, Haryana.

14.11.2024

Court Room

No.33, Punjab &

Haryana High

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

89

Supervisory Officer of FIR No.293 u/s

124A, 153B and 120B IPC dated

26.06.2020 registered at PS: Sadar

Sonipat. The same is not mentioned in

the Reference Note.

Court,

Chandigarh.

29

PW-29

Dr. Vasudha Sood, Sub Divisional

Police Officer, Amb Tehsil, District

Una, Himachal Pradesh.

Supervisory Officer in respect of FIR

No.63/2023 and later Investigating

Officer of FIR No.63/2023 dated

29.11.2023.

The

said

FIR

was

registered at PS Chintpurni Tehsil Amb

District Una, Himachal Pradesh u/s

153A IPC, Section 3 of HP Open Place

(Prevention of Disfigurement) Act,

1985. Section 13 of Unlawful Activities

(Prevention)

Act,

1967

was

subsequently invoked vide Case Diary

No.21-A. The same is reflected at Serial

No.77 of Annexure II in the Reference

Note.

16.11.2024

High Court of

Shimla, Himachal

Pradesh

06.12.2024

Room No.5, State

Information

Commission

Bhawan,

Dehradun

30

PW-30

Dr. Amar Singh, Inspector, officiating

SHO, PS: Cyber Crime, CID, Shimla.

(Partly examined)

Supervisory Officer of FIR No.04/2021

dated 31.07.2021 u/s 124, 153A, 120B,

506 of IPC; Section 13 of Unlawful

Activities (Prevention) Act, 1967 and

Section

66-C

of

Information

Technology (Amendment) Act, 2008

registered at PS: Cyber Crime, CID,

Shimla mentioned at Serial No.72 of

Annexure

II

to

the

Reference

Note/Background Note.

16.11.2024

High Court of

Shimla, Himachal

Pradesh

06.12.2024

Room No.5, State

Information

Commission

Bhawan,

Dehradun

90

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

31

PW-31

Mr.Pranab Kumar Pegu, Additional

Superintendent of Police, STF Assam,

Guwahati.

Investigating

Officer

of

FIR

No.02/2023 dated 02.04.2023 u/s 121,

124A, 506 IPC and u/s 10, 13, 16, 18 of

the Unlawful Activities (Prevention)

Act, 1967 registered at Police Station

Special Task Force (STF), Assam,

District- Kamrup (M), Assam and FIR

No.03/2023 dated 25.04.2023 u/s 120B,

121, 124-A, 506 IPC and u/s 10, 13, 16,

18, 20 of the Unlawful Activities

(Prevention) Act, 1967 registered at

Police Station Special Task Force

(STF), Assam, District- Kamrup (M),

Assam. The same are mentioned at

Serial No.79 & 80 of Annexure II in the

Reference Note.

20.11.2024

Court Room

No.1, Old Block,

The Gauhati High

Court, Guwahati.

32

PW-32

Shri Narinder Singh, Superintendent of

Police, City, Bathinda (State of Punjab).

Supervisory Officer of 03 FIRs bearing

FIR Nos.91/2022, 55/2024 and 89/2022

registered in Punjab. The FIR No.

91/2022 and 55/2024 are newly added

and have not been reflected in the

Background Note.

FIR No. 89/2022 is mentioned at Serial

no. 39 of the Background Note.

27.11.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

33

PW-33

Shri Gurpartap Singh Sahota, PPS,

presently working as Superintendent of

Police, Investigation Batala, District

Gurdaspur, Punjab.

27.11.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

91

Supervisory Officer of FIR No. 46 of

2018 registered at Police Station:

Rangar Nangal; FIR No.77 of 2022

P.S.: Dera Baba Nanak, Police District:

Batala and FIR No.10 of 2024 P.S.: City

Batala,

Police

District:

Batala

mentioned at Serial No. 04, 38 & 55 of

the Background Note.

34

PW-34

Shri Jasmeet Singh Sahiwal, PPS,

Superintendent of Police, (PBI & Inv.)

Faridkot.

Supervisory Officer of FIR bearing FIR

No.201, dated 11.06.2022 registered u/s

153-A/153-B/120-B IPC, Section 3

Prevention of Defacement of Property

Act 1985, Police Station City Faridkot,

Punjab mentioned at Serial No.32 of the

Background Note.

27.11.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

35

PW-35

Shri

Lavdeep

Singh

Gill,

PPS,

DeputySuperintendent

of

Police,

Detection, District Moga, Punjab.

Supervisory Officer of FIR bearing

No.13 dated 27.02.2023 registered u/s

153-A IPC & Section 3 of Punjab

Prevention of Defacement of Property

Act, Police Station Smalsar, District

Moga as well as FIR No.124/2023

dated 02.06.2023 mentioned at Serial

No. 48 of the Background note.

FIR

No.13/2023

has

not

been

mentioned in Annexure II to the

Reference Note/Background Note

27.11.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

36

PW-36

Shri Jasbir Singh, Superintendent of

Police, Special Branch, District Patiala.

28.11.2024

Court Room

No.20, Delhi

92

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

Supervisory Officer of investigations in

FIRs bearing No.148/2022, 144/2021,

179/2018 and 132/2018 mentioned at

Serial 40, 26, 07 and 08 respectively of

the Background Note.

High Court, New

Delhi.

37

PW-37

Shri

Surinder

Singh

Bhoria,

Superintendent of Police, Ambala,

Haryana.

Supervisory Officer of FIR No.71 of

2023 under Section 153A IPC, which is

mentioned at Serial No.64 of the

Reference Note.

He is the Supervisory Officer of FIR

No.398 of 2022 under Sections 153A

and 120B IPC and Section 13 of

Unlawful Activities (Prevention) Act,

1967 which does not find mention in the

reference but is relied upon as

additional evidence.

28.11.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

38

PW-38

Shri

Manmohan

Singh,

Assistant

Commissioner of Police Headquarters,

Commissionerate Jalandhar.

Supervisory Officer of FIR No.76 of

2022,

PS:

Division

3,

Commissionerate,

Jalandhar;

FIR

No.66

of

2022,

PS:

Cantt.,

Commissionerate, Jalandhar and FIR

No.102 of 2022, PS: Navi Baradari

mentioned at Serial Nos.34, 37 & 42 of

the Background Note.

28.11.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

39

PW-39

Shri Tejinder Pal Singh Brar, PPS,

Deputy Superintendent of Police, Sub

Division, Abohar, Fazilka, Punjab.

28.11.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

93

Supervisory Officer in respect of FIR

No.91 dated 02.07.2020 under Section

153, 153A IPC, PS Sadar Abohar,

Fazilka, Punjab. The said FIR is not

mentioned in ANNEXURE-II of the

reference/background note.

40

PW-40

Shri

Harwinder

Pal

Singh,

DSP/SSOC/Amritsar.

Supervisory Officer of FIR No.03 of

2019 registered at SSOC/Amritsar, FIR

No.06 of 2020 registered at SSOC/SAS

Nagar, FIR No.07 of 2021 registered at

SSOC/SAS Nagar & FIR No.02 of

2024 registered at SSOC/SAS Nagar

mentioned at Serial Nos. 09, 15, 24 &

53 respectively of Annexure II to the

reference/background note.

28.11.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

41

PW-41

Shri Babulal Meena, Additional

Superintendent of Police GRP circle

Bikaner,

District

GRP

Jodhpur

(Rajasthan).

Supervisory Officer of FIR No.56/2023

registered

at

Police

Station-GRP

Hanumangarh,

District-GRP

(N)

Jodhpur (Rajasthan) mentioned at

Serial No 94 of Annexure II of the

Reference/Background Note.

02.12.2024

Board Meeting

Hall, Municipal

Corporation,

Udaipur,

Rajasthan.

42

PW-42

Shri

Jitendra

M.

Yadav,

Deputy

Superintendent of Police, Sabarmati

Central Jail, Ahmedabad, Gujarat.

Supervisory Officer of FIRs bearing

No.11191067230030/23

dated

11.03.2023,

PS:

Cyber

Crime,

Ahmedabad

City

and

02.12.2024

Board Meeting

Hall, Municipal

Corporation,

Udaipur,

Rajasthan.

94

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

11191067230127/23 dated 28.09.2023,

PS: Cyber Crime, Ahmedabad City,

mentioned at Serial No.69 and 70 of

Annexure

II

of

the

Reference/Background Note.

43

PW-43

Shri Sumit Kumar, Superintendent of

Police, GRP, Ambala Cantt., Haryana.

Supervisory Officer of FIR No.48 dated

05.09.2023 u/s 120B, 124A, 153B IPC

and Section 13 of Unlawful Activities

(Prevention) Act, 1967, PS: GRP,

Kurukshetra, which is mentioned at Sr.

No.68of the Reference Note.

He is also the Supervisory Officer of

FIR No.43 dated 09.08.2022 u/s 2 of

Prevention of Insult to National Honour

Act, 1971, PS: GRP Sirsa which is not

mentioned in the Reference Note but is

relied upon as additional evidence

03.12.2024

Board Meeting

Hall, Municipal

Corporation,

Udaipur,

Rajasthan.

44

PW-44

Shri Manoj Kumar Katyal, Add. SP,

Narendra Nagar, Uttarakhand.

Supervisory

Officer

of

FIR

No.299/2018 under Section 153B, 505

IPC and Section 66 of the Information

Technology (Amendment) Act, 2008

registered at PS: Khatima, District:

Udham

Singh

Nagar,

which

is

mentioned at Serial No.71 of Annexure

II to the Reference/Background Note.

He is also the Supervisory Officer of

FIR No.134/2023 under Section 66F

Information Technology (Amendment)

Act 2008, Section 153A, 505IPC,

Section 13, 15, 16, 20, 38, 39(2) of

Unlawful Activities (Prevention) Act,

05.12.2024

Room No. 5, State

Information

Commission

Bhawan,

Dehradun

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

95

1967 registered at PS: Ramnagar,

District-Nainital, Uttarakhand which is

adduced as additional evidence.

45

PW-45

Shri Sandeep Pathania, SHO, PS Dehra,

District Kangra, Himachal Pradesh.

Supervisory

Officer

of

FIR

No.207/2023 registered at PS Dehra,

District Kangra, Himachal Pradesh

under Section 153 IPC and Section 3 of

Prevention of Damage to Public

Property Act, 1984 {to be correctly read

as Section 3 of Himachal Pradesh Open

Places (Prevention of Disfigurement)

Act, 1985}, which is mentioned at

Serial No.76 of Annexure II to the

Reference/Background Note

.

05.12.2024

Room No. 5, State

Information

Commission

Bhawan,

Dehradun

46

PW-46

Shri

Narayan

Singh,

SHO,

PS

Dharmshala, District Kangra, Himachal

Pradesh.

Investigating

Officer

(inadvertently

referred as Supervisory Officer in the

affidavit) of FIR No.77/2022 registered

at PS: Dharamshala under Section

153A, 153B IPC and Section 3 of

Himachal

Pradesh

Open

Places

(Prevention of Disfigurement) Act,

1985. Later on, Section 3 of Prevention

of Damage to Public Property Act, 1984

and Section 13 of Unlawful Activities

(Prevention) Act,

1967

was

also

invoked.

He is also the Supervisory

Officer of FIR No.230/2023 registered

at PS: Dharamshala under Section 3 of

Himachal

Pradesh

Open

Places

05.12.2024

Room No. 5, State

Information

Commission

Bhawan,

Dehradun

96

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

(Prevention of Disfigurement) Act, 1985

and Section 3 of Prevention of Damage

to Public Property Act, 1984. These

cases are mentioned at Serial No. 73 and

75 of the Background Note.

47

PW-47

Shri Ram Swroop Thakur, SHO, PS

Boileauganj, District Shimla, Himachal

Pradesh.

Supervisory

Officer

of

FIR

No.221/2022 registered at PS: Shimla

West, Himachal Pradesh under Section

153A and 153B IPC, which is

mentioned at Serial No.74 of Annexure

II to the Reference/Background Note.

05.12.2024

Room No. 5, State

Information

Commission

Bhawan,

Dehradun

48

PW-48

Shri Pramod Kumar Mishra, DSP,

Hatia, Ranchi, Jharkahnd.

Investigating

Officer

of

FIR

No.69/2024 dated 19.02.2024 u/s 10 &

13 Unlawful Activities (Prevention)

Act,

1967

and

Section

66(F),

Information Technology (Amendment)

Act, 2008 registered at PS: Dhurva,

Ranchi, which is mentioned at Sr.

No.96 of the Background/Reference

Note.

05.12.2024

Room No. 5, State

Information

Commission

Bhawan,

Dehradun

49

PW-49

Shri Talwinder Singh Gill, DSP, SAS

Nagar, Punjab.

Supervisory Officer of FIR No.149 of

2017 dated 06.07.2017 registered at PS:

Sohana under Section 124A, 153A,

153B, 120B IPC; FIR No.07 of 2020

dated 01.02.2020 under Section 384,

387, 506, 294, 385 IPC registered at PS:

Phase XI, SAS Nagar and FIR No.43 of

09.12.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

97

2020 dated 19.06.2020 registered at PS:

Sadar Kurali under Section 124A, 131,

153A IPC and Section 10, 13 of

Unlawful Activities (Prevention) Act,

1967 mentioned at Serial No.02,13 and

19 respectively of Annexure-II to the

Reference/Background Note.

50

PW-50

Shri Palwinder Singh Cheema, SP,

Sangrur, Punjab.

Supervisory Officer of FIR No.116

dated 20.06.2022 u/s 153-A, 153-B,

120-B IPC, Section 13, 18 Unlawful

Activities (Prevention) Act, 1967 and

Section 3 of the Punjab Prevention of

Defacement of Property Act, 1997

registered at P.S.: City Sangrur and FIR

No.118 dated 27.06.2022 u/s 153-

A/153-B/427/120-B IPC and Section 3

of the Punjab Prevention of Defacement

of Property Act, 1997 registered at PS:

City Sangrur mentioned at serial No.35

and 36 respectively of the Background

Note.

09.12.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

51

PW-51

Shri Varun Singla, SP, Kurukshetra,

Haryana.

Supervisory Officer of FIR bearing

No.597 of 2020 dated 12.07.2020 under

Section 124-A, 153-A IPC and Section

10(a)/13

Unlawful

Activities

(Prevention) Act, 1967 registered at PS:

Thanesar City, District Kurukshetra;

FIR No.229 of 2022 dated 29.04.2022

under Section 124-A, 153-B, 120-B

IPC and Section 13 Unlawful Activities

(Prevention) Act, 1967 registered at PS:

10.12.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

98

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

Thanesar City, Kurukshetra and FIR

No.81 of 2023 dated 05.04.2023 under

Section 153-B, 120-B IPC and Section

13 Unlawful Activities (Prevention)

Act, 1967 registered PS: Ismailabad,

mentioned at Serial No.57, 60, 65

respectively of Background Note.

52

PW-52

Shri

Anil

Subramaniam,

Joint

Secretary, Ministry of Home Affairs,

North Block, New Delhi

13.12.2024

Court Room

No.20, Delhi

High Court, New

Delhi.

23.

PW-1

i.

PW-1 Ved Prakash, Assistant Commissioner of Police, Special Cell, Southern Range, Saket, Delhi

tendered his affidavit Exhibit PW-1/A after due authorization from the Competent Authority. He deposed

that he is the Supervisory Officer of seven FIRs bearing FIR Nos. 179/2020, 28/2021, 211/2021, 6/2022,

18/2023, 106/2024 and 47/2024 registered in Delhi, which are mentioned at Serial Nos. 81, 82, 84, 85, 86,

91 and 92 of the background note. The contents of the affidavit were stated to be based on record revealed

during investigation as well as in his personal knowledge acquired over his 30 years of service as a Police

Officer. The documents annexed to the affidavit are stated to be true copies of the respective originals and

documents have been marked as exhibits during the course of deposition.

FIR No.179/2020, PS: Special Cell, Delhi.

ii.

In regard to FIR No. 179 dated 17.07.2020, registered at Police Station Special Cell, Delhi, under

Sections 10(a)/13(1) of the UA(P) Act and 124-A of the IPC, witness PW-1 testified that the complaint was

filed by Sh. Puneet Singh Chandhok. The complaint alleged that the organization Sikhs for Justice (SFJ) was

inciting insurgency and communal disturbances in India by promoting Pro-Khalistan ideology and the

Referendum-2020 Agenda on social media platforms. The complaint further alleged that various anti-national

and militant organizations, including SFJ, in coordination with Pakistan and its agencies, were actively

attempting to instigate violence and radicalize youth in India. These organizations were accused of running

Pro-Khalistan and Referendum-2020 campaigns on platforms such as Facebook, Twitter, VOIP and

YouTube, propagating anti-India sentiments and spreading extremism. The complaint also included a list of

Facebook and Twitter accounts allegedly involved in these activities. The copy of FIR No. 179/2020 is

Exhibit PW-1/A1.

iii.

He deposed that the complaint also alleged SFJ's use of automated calls featuring the recorded voice

of their convener, Gurpatwant Singh Pannun, advocating for the creation of Khalistan through the secession

of Indian Territory. These calls reportedly included instructions to hoist the Khalistan flag at the Red Fort

and to remove the Indian national flag. During the investigation, it was revealed that the recorded voice in

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

99

these calls indeed belonged to Gurpatwant Singh Pannun. Several inputs and complaints were received about

threatening and anti-national calls originating from various ILD numbers. One such call was traced to ILD

number +12053775301 and its recording was obtained. The contents of this call were deemed a serious threat

to the unity, integrity and security of India.

iv.

He further stated that the recording of the call, along with a video clip of an interview with

Gurpatwant Singh Pannun obtained from News18, was submitted to the CFSL, Delhi, for examination. The

CFSL's report, dated January 6, 2023, confirmed that the voice in the questioned call matched Pannun's voice

sample. Exhibit-PW1/A2 is the copy of the pre-recorded message in a Pen Drive received from phone

number: +12053775301; Exhibit-PW1/A3 is a copy of the Seizure Memo dated 09.09.2022; Exhibit-

PW1/A4 is the copy of CFSL result; Exhibit-PW1/A5 are the copies of statements of seven witnesses under

Section 161 recorded during investigation along with their translated copies.

v.

PW-1 further testified that a Mutual Legal Assistance request was sent to the United States seeking

information from US-based social media platforms. However, US authorities declined to provide the

requested information. A copy of the letter requesting mutual legal assistance and the US response is Exhibit-

PW1/A6. Further legal proceedings are ongoing.

FIR No.28/2021, PS Special Cell, Delhi

vi.

In regard to FIR No. 28/2021, dated 14.01.2021, registered at Police Station Special Cell, Delhi,

under Sections 13, 17, 18, 18(B), 20 and 39 of the Unlawful Activities (Prevention) Act (UA(P) Act) and

Sections 124(A), 153 and 120(B) of the IPC, PW-1 testified that the FIR was based on confidential

intelligence regarding activities of the banned organization Sikhs For Justice (SFJ). The intelligence

revealed that the website www.punjabreferendumcommission.org, operated by SFJ, had announced an offer

of USD 250,000 for anyone who could hoist the Khalistan flag at India Gate on Republic Day, January

26, 2021. The offer was confirmed through a letter issued by SFJ, which stated: “SFJ offers USD 250K for

raising Khalistan flag at India Gate on R-Day. January 11, 2021, New York.”

vii.

The witness deposed that as India approached its 72nd Republic Day, SFJ targeted Punjab farmers

protesting at the Singhu Border, urging them to participate in the flag-raising act on January 26 in exchange

for the promised reward. SFJ not only offered substantial financial incentives but also assured full logistical

support. The organization encouraged farmers to conduct a "Kesri" tractor rally in parallel to the official

Republic Day parade as a symbol of their protest against the government's agricultural reforms. Additionally,

SFJ promised legal help and support for resettlement in the United Kingdom for participants involved in

the flag-hoisting event. Simultaneously, SFJ was organizing a non-governmental referendum on Punjab's

secession from India, scheduled to commence on August 15, 2021, from London, UK. The organization's

convener, Gurpatwant Singh Pannun, used both spoken and written statements to incite disdain and

disaffection towards the Government of India. He publicly declared the USD 250,000 bounty for raising the

Khalistan flag at India Gate on Republic Day. A Copy of FIR No. 0028/2021 dated 14.01.2021 PS Special

Cell is Exhibit-PW1/B1. A copy of SFJ’s letter is Exhibit-PW1/B2. The witness deposed that notices were

served to social media platforms seeking details of registered user. A copy of the notices served to various

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social media platforms is Exhibit-PW1/B3. A copy of the letter for mutual legal assistance seeking

information from US based social media platforms is Exhibit-PW1/B4.

viii.

He deposed that the request for mutual legal assistance from a US-based social media platform is

still pending. Once the information sought through the letter for mutual legal assistance is received from the

US, further legal proceedings will be initiated in accordance with the law.

FIR No. 211/2021, PS: Special Cell, Delhi.

ix.

PW-1 deposed that FIR No.211/2021 was registered on 09.08.2021 at the PS Special Cell, Delhi,

under sections 13, 18, 18(B), 20, 39 of the Unlawful Activities (Prevention) Act and sections 124A, 153 and

120B of the Indian Penal Code (IPC). The case originated from confidential intelligence regarding a video

message posted on the Twitter handle @zahrae_kh. In this message, Gurpatwant Singh Pannun, the General

Counsel for Sikhs For Justice (SFJ), allegedly offered a $1 million reward to any uniformed police personnel

who could prevent Indian Prime Minister Narendra Modi from hoisting the National Flag at the Red Fort on

August 15, 2021.

x.

PW-1 further deposed that the video and its message were further disseminated by several other

users, amplifying its reach and potential impact. Gurpatwant Singh Pannun called for support for the SFJ,

with the intention of advancing the activities of the organization by declaring a substantial bounty. This act

was part of a broader attempt by Pannun to incite hatred and disaffection towards the Government of India,

as he openly challenged the authority of the Indian state by encouraging actions to disrupt the official

Independence Day ceremonies. A copy of the FIR No. 211/2021 dated 09.08.2021 is Exhibit-PW1/C1. Photo

of twitter handle of “@ zahrae_kh” & othrs is Exhibit-PW1/C2. Exhibit-PW1/C3 is the copy of the notices

served to various social media platforms. Exhibit-PW1/C4 is the copy of the letter for mutual legal assistance

seeking information from US based social media.

xi.

He further stated that the request for mutual legal assistance directed at a US-based social media

platform is currently pending. Upon receipt of the information requested in the mutual legal assistance letter

from the US, further legal proceedings will be initiated according to the law.

FIR No. 06/2022, PS Special Cell, Delhi.

xii.

PW-1 testified that FIR no. 06/2022, dated 12.01.2022 was registered at the PS Special Cell, Delhi,

under sections 13, 18 and 20 of the Unlawful Activities (Prevention) Act (UA(P) Act) along with sections

153, 153-A and 506 of the Indian Penal Code (IPC). The complaint was filed by Sh. Vishnu Shankar Jain, an

Advocate-on-Record practicing at the Supreme Court of India. The allegation stemmed from incidents on

January 10, 2022, when he, along with several members of the Supreme Court Advocates-on-Record

Association (SCAORA), received telephonic calls from an international long-distance (ILD) number

+447418365564. A Copy of FIR No. 06/2022 dated 12.01.2022 PS Special Cell is Exhibit-PW1/D1.

xiii.

The caller in these calls purportedly took responsibility for the blockade of the Indian Prime

Minister’s convoy in Firozpur, Punjab, on January 5, 2022. Furthermore, the calls, which were pre-recorded

audio messages from Gurpatwant Singh Pannun, who identified himself as the General Counsel for the

designated unlawful association 'Sikhs For Justice' (SFJ), contained threatening language. The message

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explicitly directed the Honorable Judges of the Supreme Court to abstain from involving themselves in legal

proceedings related to the incident concerning the Prime Minister’s security breach.

xiv.

The witness further deposed that these statements were deemed to pose a serious threat to the unity,

integrity and security of India. In response, recordings of these calls were obtained and forwarded to the

Central Forensic Science Laboratory (CFSL), Delhi for analysis, alongside a video clip of an interview with

alleged Gurpatwant Singh Pannun from the media channel News18. On 06.01.2023, CFSL issued a report

confirming that the voice in the recorded calls was similar to the voice sample of Gurpatwant Singh Pannun,

supporting the allegations made in the FIR. Exhibit-PW1/D2 is a copy of the audio recordings are (in a

pendrive); Exhibit-PW1/D3 is a copy of seizure memo dated 23.03.2022 and 06.07.2022; Exhibit-PW1/D4

is a Copy of CFSL report dated 06.01.2023;

xv.

He also deposed that during the investigation into the threat calls made regarding the blockade of the

Indian Prime Minister's convoy, authorities made significant efforts to trace the origin and users of the phone

numbers involved. These calls, which originated outside India, were linked to serious threats and claims of

involvement in the security incident.

xvi.

He further deposed that the investigative team reached out to international telecom service providers

to determine the users associated with the specific phone numbers from which the threat calls were made.

Nexmo, a US-based telecom service provider, revealed that the numbers in question—+19059631429,

+447520660952, +447418365564 and +447418366865—were registered under the name of the organization

'Sikhs For Justice' (SFJ) based in the USA. A Copy of the reply received from Nexmo is Exhibit-PW1/D5.

A copy of the statement of the Complainant viz. Vishnu Shankar Jain dated 23.03.2022 is Exhibit-PW1/D6.

A true copy of the threat complaints received from Sh. Deepak Prakash and others is Exhibit-PW1/D7.

Exhibit-PW1/D8 is a copy of the notices served to various social media platforms. Exhibit-PW1/D9 is a

copy of the letter for mutual legal assistance seeking information from US based social media platforms.

xvii.

The witness further deposed that the request seeking information from US based TSPs, ISPs and

social media platforms is awaited and further proceedings will be filed upon receiving information sought in

terms of the letter written for mutual legal assistance from US.

FIR No.18/2023, PS: Special Cell, Delhi.

xviii.

PW-1 testified that the FIR No. 18/2023 was registered at the PS Special Cell, Delhi, on 19.01.2023,

under sections 153B and 120B of the IPC. This case was initiated in response to incidents where pro-

Khalistani graffiti appeared in several areas of Western Delhi, including Vikaspuri, Janakpuri, Paschim

Vihar, Peeragarhi and Meera Bagh. The graffiti displayed slogans such as “Khalistan Zindabad,” “SFJ,”

“1984,” “Punjab Banega Khalistan,” and “Referendum 2020 vote for Khalistan” in both English and

Punjabi.

xix.

He further deposed that a video surfaced on social media featuring Gurpatwant Singh Pannun, who

claimed responsibility for the graffiti. This video further indicated that the organization Sikhs for Justice

(SFJ) was not only endorsing but actively promoting secessionist sentiments through such public displays

and digital messages. The actions were seen as part of a broader conspiracy to undermine the sovereignty

and territorial integrity of India. A Copy of the FIR No. 18/2023 dated 19.01.2023 is Exhibit-PW1/E1.

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xx.

During the course of investigation, two accused namely Vikram Singh s/o Ashok Singh r/o C-61A,

Tilak Vihar, Tilak Nagar, Delhi and Balram Singh s/o Mahender Singh r/o H.No 1109, DESU waligali, top

floor, Mahipalpur, Delhi were arrested on 29.01.2023. Copies of arrest memo dated 29.01.2023 of accused

Vikram Singh and Balram Singh is Exhibit-PW1/E2.

xxi.

He also deposed that Balram Singh disclosed that he and Vikram Singh were responsible for painting

pro-Khalistan graffiti across various locations in West Delhi. He stated that they acted under the directions

of Gagandeep Singh, who is associated with Gurpatwant Singh Pannun, a known figure in the secessionist

group Sikhs For Justice (SFJ).Further adding to his initial disclosure, Balram Singh elaborated that during

the act of painting this graffiti, Vikram Singh received a video call from Gagandeep Singh. Notably,

Gurpatwant Singh Pannun was also present during this call. Pannun directly instructed Vikram Singh to focus

the graffiti efforts in areas predominantly inhabited by Sikhs to foster a sense of unity toward the cause of

creating a separate state of Khalistan. For his involvement in these activities, Vikram Singh was compensated

with Rs. 50,000. It was disclosed that after completing the graffiti, Vikram Singh communicated with

Gagandeep Singh by sharing photos of the painted slogans and subsequently spoke with Gurpatwant Singh

Pannun over the phone, further indicating a coordinated effort to propagate secessionist messages through

visible public acts. A copy of the disclosure statements of accused Balram Singh is Exhibit-PW1/E3.

xxii.

The witness deposed that in the ongoing investigation under FIR No. 18/2023, accused Vikram

Singh provided additional details about the logistical and financial arrangements behind the pro-Khalistan

graffiti activities in West Delhi. He confirmed that he, along with Balram Singh, executed the painting of

pro-Khalistan slogans at various locations as per the instructions of Gagandeep Singh, who is linked to

Gurpatwant Singh Pannun of Sikhs For Justice (SFJ).Vikram Singh disclosed that for his participation in

these activities, he received financial compensation. He was paid a sum of Rs. 30,000, which was facilitated

through an international money transfer. The funds were sent by Gagandeep Singh from the United States

using RIA Money, a well-known money transfer service. Vikram Singh collected this amount from a

UNIMONI money transfer shop located at 44-A, Laxmi Plaza, Cantt. Road, Lucknow, Uttar Pradesh.

xxiii.

PW-1 deposed that the payment receipt for this transaction was recovered during the investigation,

serving as tangible evidence linking the financial support from Gagandeep Singh to the activities carried out

by Vikram Singh. The copies of disclosure statements dated 29.01.2023 of accused Vikram Singh are

Exhibit-PW1/E4. Copy of documents regarding transfer of Rs. 30,000/- from US based Gagandeep Singh

to accused Vikram Singh are Exhibit-PW1/E5.

xxiv.

He further deposed that a mobile phone used by the accused Vikram Singh to communicate with his

SFJ handler was recovered from his possession. The phone was subsequently sent to the Forensic Science

Laboratory (FSL) for examination. During the analysis, photographs related to the incidents described in the

case were retrieved from the device. A copy of the seizure memo of the mobile phone dated 29.01.2023 is

Exhibit-PW1/E6 and copies of images recovered at FSL are Exhibit-PW1/E7.

xxv.

He further stated on oath that during the course of investigation, both the accused had identified

Gurpatwant Singh Pannun through his photo that he was there with Gagandeep Singh during a video call.

Copy of memos of identification of Gurpatwant Singh Pannun are Exhibit-PW1/E8.

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xxvi.

The witness stated that on instance of both the accused, the pointing out memo’s of the locations,

where they had painted graffiti, were prepared. Copies of pointing out memo’s dated 19.01.2023 (along with

translated typed copies) are Exhibit-PW1/E9.

xxvii. He further stated that in a significant statement given under Section 161 of the Cr.P.C., Mr. Raj

Kishore on 03.02. 2023, reported that on 18.01.2023, the accused Vikram Singh had purchased ten bottles of

spray paint. A copy of the statement of Mr. Raj Kishore dated 03.02.2023 under Section 161 Cr.P.C. (along

with its true typed translated copy) is Exhibit-PW1/E10. A copy of the original charge sheet and

supplementary charge sheet is Exhibit-PW1/E11 & Exhibit-PW1/E12 respectively.

FIR No.47/2024, PS: Uttam Nagar, Delhi.

xxviii. PW1 testified that the FIR No. 47/2024 was registered on 19.01.2024, at the Uttam Nagar Police

Station, Delhi, under section 3 of the Delhi Prevention of Defacement of Public Property Act. This

registration followed an incident where the phrase "KHALISTAN ZINDABAD" was found painted on the wall

of Govt. Sarvodya Bal Vidyalaya in Uttam Nagar, New Delhi, on the same day. The content of the graffiti

clearly promoted secessionist activities. A Copy of the FIR No. 47/2024 dated 19.01.2024 is Exhibit-

PW1/F1.

xxix.

He stated that during the investigation significant progress was made with the arrest of one individual

Sanny Singh, also known as Sunny, residing at A-98, Shiv Vihar, A-Block, Vikas Nagar, Delhi. The arrest

memo is Exhibit-PW1/F2.

xxx.

He deposed that upon arrest, Sanny Singh disclosed key information during his interrogation. He

admitted to painting the pro-Khalistan graffiti, stating that he did so under the instructions of Gagandeep

Singh, who is currently residing in the USA and is associated with Gurpatwant Singh and the organization

Sikhs For Justice (SFJ). His disclosure statement was taken on the same day as his arrest and a translated

copy of this statement is Exhibit-PW1/F3. Further investigation revealed that Sanny Singh received financial

compensation for his actions. He was paid Rs 30,000 by Gagandeep Singh for painting the graffiti, which he

received through Muthoot Finance. The payment receipt from Muthoot Finance pertaining to this transaction

was recovered from Sanny Singh, establishing a financial link to the act of vandalism. This receipt, along

with other relevant seizure documents, is Exhibit-PW1/F4. Additionally, the transaction record from Ria

Money, used for transferring the payment is Exhibit-PW1/F5. The witness stated that these exhibits

collectively provide concrete evidence of the financial and organizational connections behind the incident.

FIR No. 106/2024, PS: Nihal Vihar, Delhi.

xxxi.

PW-1 testified that the FIR No. 106/2024 was registered on 16.01.2024 under Section 3 of the Delhi

Prevention of Defacement of Public Property Act at PS Nihal Vihar, Delhi. The case was initiated following

an incident where graffiti stating “26 JANUARY SFJ KHALISTAN VOTER REGISTRATION” was painted

on a wall alongside a drain within the jurisdiction of PS Nihal Vihar. Copy of the FIR is Exhibit-PW1/G1.

xxxii. He deposed that the investigation led to the arrest of Sanny Singh, alias Sunny, from A-98, Shiv

Vihar, A-Block, Vikas Nagar, Delhi, on 02.02.2024. The arrest memo is Exhibit-PW1/G2.

xxxiii. The witness deposed that during interrogation, Sanny Singh disclosed that he had executed the pro-

Khalistan graffiti under the directives of Gagandeep Singh, who is based in the USA and has associations

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[PART II—SEC. 3(ii)]

with Gurpatwant Singh and the secessionist organization Sikhs For Justice (SFJ). The disclosure statement,

along with its translated version is Exhibit-PW1/G3.

xxxiv. The witness further deposed that Sanny Singh revealed that he received financial compensation

for his involvement in painting the graffiti. He stated that he was paid Rs.30,000 through Muthoot Finance,

arranged by Gagandeep Singh. The authenticity of this transaction was confirmed at Muthoot Finance and

the transaction records were acquired. These financial documents, including a letter from Muthoot Finance

dated 16.09. 2024 and the transaction record from Ria Money, are collectively Exhibit-PW1/G4 (Colly).

xxxv. PW-1 further stated that the registration of seven FIRs against Gurpatwant Singh Pannun and his

organization, Sikhs For Justice (SFJ), subsequent to its ban, underscores the ongoing engagement of Pannun

and SFJ in clandestine cession and secessionist activities. These continued activities suggest that despite the

ban, the organization has not ceased its efforts to undermine state stability and promote secession. The

evidence compiled through these FIRs indicates that if the ban on SFJ is not extended, the organization is

likely to regain strength and possibly escalate its efforts. Also resurgence has the potential to revive militancy

and terrorism in Punjab specifically and could affect other parts of India as well. Moreover, SFJ's ongoing

activities pose a significant risk of escalating subversive actions aimed at creating a separate Khalistan nation

by severing the territory of Punjab from the Union of India, thereby destabilizing the government established

by law.

24.

PW-2

i.

PW-2 Sanjay Dutt, Assistant Commissioner of Police, Special Cell, South Western Range, Delhi

Police, tendered his affidavit Exhibit-PW2/A after due authorization by the Competent Authority. He

deposed regarding the FIR No. 28 dated 27.08.2023, registered under sections 153, 153A, 505 IPC and

Section 03 Delhi Prevention of Defacement of Property Act at PS Nangloi Metro Station, New Delhi (listed

at Sr. No. 87 of the Background Note); FIR No. 697 dated 28.08.2023, registered under sections 153, 153A,

505/34 IPC and Section 03 Delhi Prevention of Defacement of Property Act at PS Nangloi, New Delhi (listed

at Sr. No. 88 of the Background Note); FIR No. 705 dated 28.09.2023, registered under sections 153, 153A,

153/B, 505 IPC, 120-B IPC and Section 03 Delhi Prevention of Defacement of Property Act at PS Kashmiri

Gate, New Delhi (listed at Sr. No. 89 of the Background Note); FIR No. 469 dated 18.12.2023, under Section

03 Delhi Prevention of Defacement of Property Act at PS Hari Nagar, New Delhi (listed at Sr. No. 90 of the

Background Note) and FIR No. 75 dated 26.01.2024, under Section 03 Delhi Prevention of Defacement of

Property Act at PS Tilak Nagar, New Delhi (listed at Sr. No. 93 of the Background Note). Additionally, there

are FIRs No. 314/24 and 315/24, both dated 22.07.2024 registered under sections 192,196 & 351 Bharatiya

Byay Sanhita (BNS) & Sections 10,13&18 of UAPA at PS Special Cell, New Delhi. The contents of affidavit

are stated to be based on record revealed during investigation as well as on his personal knowledge acquired

during the 35 years of service as a Police Officer. The documents annexed to the affidavit are stated to be

true copies of the respective originals and documents have been marked as exhibits during the course of

deposition.

FIR No. 28/2023, PS: Nangloi Metro Station, New Delhi.

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ii.

Witness deposed that the FIR No. 28, dated 27.08.2023, was registered at PS-Nangloi Metro Station,

New Delhi, under sections 153, 153A, 505 IPC and Section 3 of the Delhi Prevention of Defacement of

Property Act. The case involved anti-national, pro-Khalistani graffiti found at various metro stations,

including Shivaji Park, Madipur, Paschim Vihar, Surajmal Stadium and Nangloi Metro Stations. The slogans

included messages such as “G-20 PUNJAB IS NOT INDIA KHALISTAN SFJ ZINDABAD” G-20 PUNJAB

IS NOT INDIA-SFJ”, “KHALISTAN REFERENDOM ZINDABAAD-SFJ” and “MODI INDIA’S

COMMITTED GENOCIDE OF SIKHS SFJ.” The case was later transferred to the Special Cell for further

investigation.

iii.

He deposed that during investigation, two accused Pritpal Singh and Rajvinder Singh alias Kala,

were arrested on 06.09. 2023. They revealed that they had painted the graffiti on the orders of SFJ leader

Gurpatwant Singh Pannun in exchange for 2 lakh rupees. The charge sheet was submitted to the Court on

October 31, 2023.

iv.

Copy of FIR No. 28/23, along with its translated version is Exhibit-PW2/A1. Photographs of the

graffiti are Exhibit-PW2/A2. The disclosure statements of the accused, along with their translated copies,

are Exhibit-PW2/A3. The charge sheet, along with its typed copy, is Exhibit-PW2/A4 and the 15 witness

statements with their translations are Exhibit-PW2/A5.

FIR No. 697/2023, PS Nangloi, Delhi

v.

PW-2 testified that the FIR No. 697, dated 28.08.2023, was registered at PS Nangloi, New Delhi,

under sections 153, 153A, 505 IPC and Section 3 of the Delhi Prevention of Defacement of Property Act,

after pro-Khalistani graffiti was discovered on multiple locations in Nangloi, New Delhi, shortly before the

G-20 Summit. The slogans, including “KHALISTAN ZINDABAAD” and “KHALISTAN IS OPINION

NOT TERRORISM SFJ,” were found on the walls of Surajmal Stadium and the Rajkiya Sarvodaya Kanya

Vidhalaya. The case was initially registered based on a complaint by Ct Manoj, PS Nangloi. The case was

then transferred to the Special Cell for further investigation.

vi.

He deposed that after conducting an extensive search, analyzing CCTV footage and reviewing call

detail records, the Special Cell arrested two suspects, Pritpal Singh and Rajvinder Singh alias Kala, on August

31, 2023. During interrogation, the accused disclosed that they had painted the graffiti on the instructions of

Gurpatwant Singh Pannun, leader of Sikhs for Justice (SFJ) and were paid INR 2,00,000 for the task. A

search at Pritpal’s residence led to the recovery of ₹2 lakhs in cash, which he admitted was payment from

Pannun. Furthermore, Pritpal’s phone was analyzed, revealing chats, videos and audio notes exchanged with

Pannun via the Signal App, including a contact saved as “NRI Pannu.”. The charge sheet against the accused

was filed in the concerned Court on November 28, 2023 and the next hearing was scheduled for November

25, 2024, for the framing of charges. The copy of FIR No. 697/2023, along with its translated version, is

Exhibit-PW2/A6. Photographs of the graffiti are Exhibit-PW2/A7. The disclosure statements of the

accused, along with their true translated copies, are Exhibit-PW2/A8. The seizure memo for the cash

recovered from Pritpal’s residence, along with its translated copy, is Exhibit-PW2/A9. The seizure memos

for Pritpal’s mobile phone, along with copies of the chats between Pritpal and Pannun, are Exhibit-PW2/A10

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and Exhibit-PW2/A11. The charge sheet, along with its translated version, is Exhibit-PW2/A12 and the 18

witness statements recorded under Section 161 Cr.P.C., with translations, are Exhibit-PW2/A13.

FIR No. 705/2023, PS: Kashmere Gate, Delhi

vii.

PW-2 deposed that the FIR No. 705/2023 was registered on 19.11.2023 under sections 153, 153A,

153B, 505, 120B IPC and Section 3 of the Delhi Prevention of Defacement of Property Act at PS Kashmere

Gate, Delhi, after pro-Khalistani slogans were found written on a roadside wall under the Yudhister Setu

Flyover near Metro Gate No. 5 and 6, Kashmere Gate, on 27.09.2023. The slogans, including DELHI

BaNayga Khalistan SFJ” & “KHALISTAN ZINDABAD SFJ” were discovered during a routine patrol by

HC Sandeep of PS Kashmere Gate. A copy of the FIR, along with its true translated copy, is Exhibit-

PW2/A14 and photographs of the graffiti are Exhibit-PW2/A15.

viii.

He deposed that during investigation, it was revealed that Malak Singh, alias Malik, from

Kurukshetra, Haryana, was involved in the incident. He was arrested on 19.11.2023 after a tip-off led the

police to his location in Mehmoodpur, Kaithal, Haryana. Upon interrogation, Malak Singh confessed to

writing the slogans under the direction of his handler, SFJ leader Gurpatwant Singh Pannun and disclosed

that he had been in constant contact with Pannun via the Signal App. Malak Singh further revealed that he

had been instructed to write additional slogans near Delhi Airport and that Pannun had encouraged him to

promote the Khalistan ideology and engage in secessionist activities. The copy of the disclosure statements,

along with the true translated copy, is Exhibit-PW2/A16.A mobile phone was recovered from the accused,

containing incriminating evidence. The seizure memo, along with the translated copy, is Exhibit-PW2/A17.

The chats between Malak Singh and Pannun, which were found on the phone, were transcribed and are

included as Exhibit-PW2/A18. These chats further revealed that Pannun had been urging Malak Singh to

take more significant actions and suggested fleeing to Nepal. The voice sample of Malak Singh was also

obtained and sent for comparison with voice notes recovered from his phone.

ix.

He deposed that a charge sheet against Malak Singh was filed on 16.01.2024 before the Court. The

charge sheet and its translated copy are Exhibit-PW2/A20. The video footage of the accused near the

incident, saved on a pendrive, is Exhibit-PW2/A21. On 15.10.2024, a video interview of Gurpatwant Singh

Pannun, downloaded from YouTube, was sent to FSL Rohini for comparison with a voice note of Pannun

recovered in this case. The seizure memo for this pendrive is Exhibit-PW2/A22.

x.

He further testified that the case is currently listed before the Court for framing of charges against

the accused. Malak Singh is a habitual offender, being involved in two other FIRs—FIR No. 81/2023 and

FIR No. 48/2023—both related to unlawful activities. He is currently in judicial custody in Haryana.

FIR No. 469/23 PS- Hari Nagar, Delhi

xi.

PW-2 deposed that FIR No. 469/23 was registered on 18.12. 2023 at Police Station Hari Nagar,

Delhi, under Section 3 of the Delhi Prevention of Defacement of Public Property Act, 2007, following the

discovery of graffiti with the message "KHAL 24 SFJ 26 JAN" on Metro Pillar No. P-509 near Tilak Nagar

Metro Station. The registration of the FIR and its translated version are Exhibit-PW2/A23, while a

photograph of the graffiti is Exhibit-PW2/A24.

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xii.

He deposed that during the investigation, CCTV footage was meticulously analyzed, leading to the

identification of the suspect, Lakhminder Singh alias Laddu, son of Jagdev Singh, a resident of WZ-76, 3rd

floor, SabtGarh, Tilak Nagar, Delhi. Further inquiries revealed that Lakhminder Singh had previously

obtained ₹10 lakh from his in-laws for a planned family trip to the USA. After committing the offence, the

accused immediately proceeded to the airport and fled the country.To facilitate his apprehension, a Look-Out

Circular (LOC) Exhibit-PW2/A25 was issued. The police also recorded the statements of ten witnesses under

Section 161 of the Cr.P.C., which are Exhibit-PW2/A26.

xiii.

PW-2 testified that the case remains under active investigation, with the evidence, including exhibits

and witness statements, forming the basis of the prosecution's case against the accused.

FIR No. 75/24, PS- Tilak Nagar, Delhi

xiv.

PW-2 deposed that on January 26, 2024, graffiti with the slogan “DELHI BNEGA KHALISTAN” was

discovered on the outer wall of MCD Park, Block 6, Tilak Nagar, New Delhi, leading to the registration of

FIR No. 75/24 under Section 3 of the Delhi Prevention of Defacement of Public Property Act at Police Station

Tilak Nagar. The FIR and its translated copy are Exhibit-PW2/A27 and a photograph of the graffiti is

Exhibit-PW2/A28.

xv.

He testified that during the investigation, the accused, Jasvinder Singh, son of Charanjeet Singh, a

resident of WZ-33, Plot No. 100, 1st Floor, Tilak Nagar, New Delhi, was arrested. He was later released on

police bail. Jasvinder Singh disclosed that he had written the graffiti using black spray paint at the behest of

his friend Gagandeep Singh, who resides in the USA. Jasvinder further admitted that he recorded a video of

the act and sent it to Gagandeep. The interrogation report and its translation is Exhibit-PW2/A29, while

Jasvinder’s disclosure statement, along with its translation, is Exhibit-PW2/A30.

xvi.

Witness deposed that a black spray bottle was recovered from beneath the driver’s seat of Jasvinder’s

Ritz car. The seizure memo and its translated copy is Exhibit-PW2/A31. Statements from two witnesses

under Section 161 of the Cr.P.C with copies and translations are Exhibit-PW2/A32. Chargesheet was filed

before the Court on July 23, 2024. A copy of the chargesheet and its translation are Exhibit-PW2/A33. The

case is currently at the stage of framing charges against the accused.

xvii.

In order to show that the organization SFJ (Sikhs for Justice) and its patron, Gurpatwant Singh

Pannun, have continued their secessionist activities despite the extension of the ban by the MHA on

08.07.2024 the witness deposed that FIRs 314/2024 and 315/2024 were registered later for offences that

occurred after the Ministry of Home Affairs (MHA) had been notified about the earlier incidents.

FIR NO. 314/2024, PS Special Cell, Delhi.

xviii.

PW-2 further testified that on 21.07.2024 at approximately 11:26 PM, a threatening pre-recorded

voice note was received by Sh. A. A. Rahim, a Member of Parliament (Rajya Sabha) from Kerala (CPIM),

on his mobile phone via a call from an international number (+447418603423). To document the call, the

MP placed it on speaker and recorded it using another device. The pre-recorded message, purportedly from

Gurpatwant Singh Pannun, General Counsel of Sikhs for Justice (SFJ), stated:

(i) "…Sikh for Justice … bombard Indian Parliament to Red Fort area with Khalistan

referendum message to open eyes and ears of the Indian ruler under which Sikhs are

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[PART II—SEC. 3(ii)]

facing existential threat. Members of Parliament, if you don’t want to … the Khalistan

referendum message must … stay home… Gurpatwant Singh Pannun, Sikh for Justice

General Counsel."

xix.

Shortly after this incident, Dr. V. Shivdasan, another Member of Parliament (Rajya Sabha) from

Kerala (CPIM), received the same threatening message via a call on his mobile phone, but this time from an

Indian number.

xx.

PW-2 deposed that regarding the incident a case FIR NO. 314/2024, dated 22/07/2024, under

Sections 192, 196 and 351of the Bharatiya Nyay Sanhita (BNS) & Sections 10,13&18 UAPA was registered

at PS Special Cell, Delhi. The investigation included analyzing the pre-recorded voice note, seeking its

forensic verification against prior public interviews of the suspect and reaching out to Interpol to identify the

user of the international number. The investigation is ongoing, with further efforts to gather additional

evidence to corroborate the allegations. The copy of FIR No. 314/2024 and its typed version is Exhibit-

PW2/A34, the transcript of the threatening pre-recorded voice message, along with its typed copy is Exhibit-

PW2/A35, the seizure memo of the pre-recorded voice note and its typed copy is Exhibit-PW2/A36, copy

of the threatening pre-recorded voice message is Exhibit-PW2/A37, statements from five witnesses recorded

under Section 180 BNSS, along with their typed copies is Exhibit-PW2/A38 and the letter written to Interpol

for the identification of the user of international number +447418603423 is Exhibit-PW2/A39.

FIR NO. 315/2024, PS Special Cell, Delhi.

xxi.

Regarding FIR No.315/2024, PW-2 testified that on 21.07.2024, at approximately 11:31 PM, a

threatening pre-recorded voice note was received on the landline at the residence of the Hon’ble Defence

Minister of India. The call was answered by Havildar Anoop P. Soman, who was on official duty at the time.

According to his account, the pre-recorded voice message stated:

"…Sikhs for Justice is going to bombard Indian Parliament to Red Fort area with

Khalistan Referendum message. To open the eyes and ears of the Indian rulers under

which Sikhs are facing existential threat. Members of Parliament, if you don’t want to

experience Khalistan referendum, stay home."

The message was identified as coming from Gurpatwant Singh Pannun, the founder of Sikh for

Justice. As a result, FIR NO. 315/2024, dated 22.07.2024, under sections 192,196&351 BNS and sections

10,13&18 UAPA was registered at PS Special Cell, Delhi. During the investigation, a letter was sent to

Interpol to identify the user of the international number +447418603423. The investigation is ongoing, with

further efforts to collect additional evidence.

xxii.

Copy of FIR No. 315/2024 and its true typed copy is Exhibit-PW2/A40 and a copy of the letter

written to Interpol for the identification of the user of the international number +447418603423 is Exhibit-

PW2/A41.

xxiii.

PW2 further deposed that, based on his personal knowledge acquired over 35 years of service as a

police officer and drawing from historical facts and material available on record and in the public domain,

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he fully agrees with the conclusions derived by the Central Government. Despite being banned for five years

under the Unlawful Activities (Prevention) Act (UAPA), Sikh for Justice (SFJ) has continued its unlawful

activities since 2019 through various illicit and illegitimate channels. These activities are prejudicial to the

internal security of India, disrupt public order and have the potential to harm the peace, unity and integrity of

the country. Witness stated that the following unlawful activities of SFJ fall within the meaning of clauses

(o) and (p) of sub-section (1) of section 2 of the UAPA, 1967:

a) SFJ is involved in anti-national and subversive activities in Punjab, New Delhi and elsewhere,

aimed at disrupting the sovereignty and territorial integrity of India.

b) SFJ maintains close ties with militant outfits and activists, supporting violent extremism and

militancy in Punjab and other regions, with the intention to sever Punjab from the Union of India

and create a sovereign Khalistan state.

c) SFJ is actively encouraging and aiding the cession of Indian territory, supporting separatist

groups fighting for this cause both in India and abroad and engaging in activities designed to

disrupt the sovereignty and territorial integrity of India.

25.

PW-3

i.

PW-3 Ashish Khari, Inspector of Police, CIB Division, National Investigation Agency (NIA), New

Delhi tendered his affidavit Exhibit-PW3/P after due authorization by the Competent Authority and deposed

w.r.t. RC-12/2021/NIA/DLI mentioned at Serial No. 2 (cases registered by National Investigation Agency)

of Annexure II to the Reference Note/Background Note. He deposed that the contents of his affidavit are

based on record revealed during investigation as well as on his personal knowledge acquired during the 19

years of service as a Police Officer. The documents annexed to the affidavit are stated to be true copies of

the respective originals and documents have been marked as exhibits during the course of deposition.

RC-12/2021/NIA/DLI

ii.

PW-3 testified that he is the Chief Investigating Officer (CIO) of RC-12/2021/NIA/DLI and proved

copy of FIR Exhibit-PW3/P1.

iii.

PW-3 deposed that that on 18.06.2021, the Ministry of Home Affairs directed the NIA to investigate

the activities of Sikh for Justice (SFJ). This was prompted by a video uploaded by Gurpatwant Singh Pannun,

SFJ's Chief, in which Pannun, a designated terrorist under the UAPA, urged soldiers from Punjab, West

Bengal and Maharashtra to desert the Indian Army and return to their home states. He further advocated for

the balkanization of India, calling for the independence of individual states. The video revealed Pannun

openly promoting secession and undermining the national integrity of India. SFJ had been trying to exploit

socio-economic concerns, particularly related to the Covid-19 pandemic, to advance its cause under the

pretext of 'Referendum 2020'. Copy of the FIR is Exhibit-PW3/P1.

iv.

He further deposed that during the investigation, it was found that Gurpatwant Singh Pannun was

actively using cyberspace to spread his secessionist propaganda, targeting the sentiments of people in Punjab

and beyond. SFJ's use of social media platforms to issue threats against government officials was also noted,

with a goal to incite violence and disaffection. The investigation uncovered that Pannun had uploaded six

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[PART II—SEC. 3(ii)]

provocative videos on YouTube, all aimed at spreading the Pro-Khalistan ideology and inciting discontent

with the Indian Government. These videos contained content intended to promote the balkanization of India

and support for secessionist movements. The videos were compiled on a pendrive Exhibit-PW3/P3 and the

transcript of the videos is Exhibit-PW3/P4.

v.

He deposed that the six videos contained alarming messages, including a video claiming that the UN

had accepted a complaint against India's Prime Minister and Home Minister for their alleged role in R-Day

violence against farmers. They also attempted to provoke the Chief Ministers of West Bengal and

Maharashtra to declare independence from India. Furthermore, Pannun and SFJ announced a $250,000

bounty on Army officers who participated in Operation Blue Star, accusing them of committing genocide.

Other videos encouraged soldiers to close state borders and promoted separatism, while also offering

monetary rewards under the guise of Covid-19 assistance, including a Rs. 3000 "oxygen money" to citizens

of various states. During investigation statements of two retired Army officers were recorded u/s 161 of

Cr.P.C. and the same are Exhibit-PW3/P2.

vi.

PW-3 deposed that Section 82 of Cr.P.C. proceedings were initiated and on 18.07.2023, the Special

NIA Court declared Gurpatwant Singh Pannun a Proclaimed Offender. Exhibit-PW3/P5 is the copy of order

dated 18.07.2023 declaring him a Proclaimed Offender. The chargesheet for this case has not yet been filed

as the investigation is ongoing.

vii.

The witness testified that despite being banned under the Unlawful Activities (Prevention) Act

(UAPA) for five years, SFJ has continued its unlawful activities since 2019. He agreed with the Central

Government's conclusions that SFJ's ongoing actions pose a serious threat to India's internal security, public

order and national unity, particularly through its support for separatism. He affirmed that SFJ's activities align

with the definitions in clauses (o) and (p) of Section 2 of the UAPA, which address activities disrupting

India's sovereignty and territorial integrity.

viii.

PW-3 further testified that the unlawful activities of the SFJ fall under the provisions of clauses (o)

and (p) of sub-section (1) of section 2 of the Unlawful Activities (Prevention) Act, 1967, specifically: (i) SFJ

is involved in anti-national and subversive activities in Punjab, New Delhi and elsewhere, intended to disrupt

the sovereignty and territorial integrity of India; (ii) SFJ is in close contact with militant outfits and activists,

supporting violent extremism and militancy in Punjab and other regions, aiming to sever the territory of

Punjab from the Union of India to establish a sovereign State of Khalistan; (iii) SFJ is encouraging and aiding

activities for the secession of a part of Indian territory from the Union, supporting separatist groups fighting

for this cause and engaging in actions that disrupt India’s sovereignty and territorial integrity.

26.

PW-4

i.

PW-4 Balwinder Singh Randhawa, PPS, Superintendent of Police, Investigation, Gurdaspur,

Punjab tendered his affidavit Exhibit PW-4/A after due authorization from the Competent Authority. The

witness deposed regarding the FIR No. 42 dated 02.06.2022 registered under section 153-B IPC, Police

Station Kalanaur, District Gurdaspur mentioned at Serial No. 29 of Annexure II to the Reference

Note/Background Note placed before this Hon'ble Tribunal by the Ministry of Home Affairs, Union of India.

[भाग II—खण् ड 3(ii)]

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111

The contents of affidavit are stated to be based on record revealed during investigation as well as on his

personal knowledge acquired during the 36 years of service as a Police Officer. The documents annexed to

the affidavit are stated to be true copies of the respective originals and documents have been marked as

exhibits during the course of deposition.

FIR No. 42/2022, PS-Kalanaur, District Gurdaspur, Punjab.

ii.

PW-4 testified that on the evening of 02.06.2022, ASI Harminder Singh, along with other police

officers (ASI Tarsem Singh, ASI Sukhdev Singh and CT Balwinder Kumar), were conducting a patrol in a

private vehicle for searching bad elements. At T-Point Kalanaur, a secret informer informed ASI Harminder

Singh that an A4 paper with a handwritten message in black marker was pasted at several locations, including

the gate of Government Industrial Training Institute, Kalanaur, the board outside the Punjab and National

Bank, near the Tehsil Kalanaur, in front of the power house Kalanaur, the board of the Government Market

Committee Dharam Kanda Kalanaur and the bus stand outside the Kalanaur and Suvidha Center Wadala Bagar

facility. The message written on the papers stated:

“Khalsa Raj Sant Baba Jarnail Singh Bhindranwala, the real right of Punjab,

Khalistan Zindabad Hindustan Murdabad, the Sikh community will live and take

revenge.”

iii.

PW-4 further deposed that upon receiving this information, ASI Harminder Singh and his team

arrived at the locations and took the published templates into custody. CT Balwinder Kumar was sent to the

police station with the Rukka, leading to the registration of FIR No. 42 and the initiation of the investigation.

iv.

He deposed that a thorough investigation was conducted over a period of thirteen months to identify

the individuals responsible for the act described in FIR No. 42. Despite the best efforts of the police, the

identity of the miscreants could not be determined. As a result, an Untrace Report under section 173 Cr.P.C.

was prepared by the SHO of Police Station Kalanaur on 11.07.2023. This report was subsequently presented

in the Court on 13.06.2024 and the same has been accepted by the Court of Ms. Shaveta Thakur, JMIC,

Gurdaspur vide order dated 13.06.2024.Exhibit PW-4/P-1 is a true copy of FIR No. 42 of 2022 in vernacular.

Exhibit PW-4/P-2 is the English-translated copy of FIR No. 42 of 2022. Exhibit PW-4/P-3 is the true copy

of the seizure memos of posters. Exhibit PW-4/P-4 is the English-translated copy of the seizure memos.

Exhibit PW-4/P-5 is the true copy in vernacular of the untrace report filed in the case. Exhibit PW-4/P-6 is

its English-translated copy. Exhibit PW-4/P-7 is the true copy of the final order dated 13.06.2024 passed by

the court of Ms. Shaveta Thakur, JMIC, Gurdaspur.

v.

PW-4, drawing upon his 36 years of experience as a police officer, publicly available information,

social media content and the records of FIR No. 42, testified that he agreed with the conclusions of Ministry

of Home Affairs in respect of action against Sikhs For Justice (SFJ), its leader Gurpatwant Singh Pannun and

its members. He outlined several key points: SFJ consistently encouraged and advocated for the secession of

Punjab from India; incited separatist groups along religious lines to destabilize the Indian government;

engaged in actions described in the FIR aimed at disrupting India’s territorial integrity and inciting local Sikh

communities to challenge the Indian government’s authority in Punjab; promoted anti-national and separatist

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[PART II—SEC. 3(ii)]

sentiments harmful to India’s integrity and security; actively escalated the secessionist movement and

unlawful activities within India, particularly in Punjab and Sikh-populated areas; and tacitly supported

militancy and violence to achieve its secessionist goal of creating Khalistan.

vi.

PW-4 also testified that he concurred with the Central Government’s conclusions that, despite being

banned under the UA(P)A, SFJ had continued its unlawful activities since 2019, posing a threat to India’s

internal security and disrupting public order. He specified that these activities fell under the definition of

unlawful activities as defined by the Unlawful Activities (Prevention) Act, 1967, including: SFJ’s involvement

in activities aimed at disrupting India’s sovereignty and territorial integrity; SFJ’s support for militant outfits

and extremism in Punjab and other areas with the aim of separating Punjab from India and establishing

Khalistan; and SFJ’s encouragement of secessionist activities and support for separatist groups. PW-4 further

deposed that if SFJ’s unlawful activities were not curbed, they could lead to the revival of militancy and

terrorism in Punjab and other parts of India and escalate efforts to create Khalistan by destabilizing the Indian

government.

27.

PW-5

i.

PW-5 Manmohan Singh Aulakh, Superintendent of Police (Investigation), District Mansa, Punjab

tendered his affidavit Exhibit-PW5/A after due authorization by the Competent Authority. He deposed

regarding FIR No. 119 dated 14.05.2022, registered under Section 505 IPC and Section 3 of the Prevention

of Defacement of Property Act, 1985, at PS City Budhlada, District Mansa, Punjab. This FIR is a new case

and not mentioned in Annexure II to the Reference Note/Background Note. He stated that the contents of

affidavit are based on record revealed during investigation as well as on his personal knowledge acquired

during a decade of service as a Police Officer. Further, documents annexed to the affidavit are true copies of

the respective originals.

FIR No. 119/2022 PS-City Budhlada, District Mansa, Punjab

ii.

PW-5 deposed that on 14.05.2022 during routine patrolling, ASI Gurmail Singh and his team

received information from a secret informer about objectionable handwritten posters on a railway flyover at

Boha Road. The posters displayed slogans such as “Freedom 2020 Vote India Out of Khalistan, US Media

International etc,” intended to evoke Khalistani sentiments and promote anti-India secessionist propaganda.

The posters were unlawfully pasted on government property. Upon inspecting the site, ASI Gurmail Singh

prepared a rukka (report) and sent it to the police station, leading to the registration of the FIR.

iii.

Witness further deposed that a thorough investigation in the FIR No. 119/2022 was conducted over

a period of seven months. The investigation aimed to identify and apprehend the accused responsible for

pasting objectionable posters promoting Khalistani sentiments and anti-India propaganda on government

property. Witness also stated that despite exhaustive efforts by the investigating team, the identity of the

miscreants could not be ascertained. Consequently, an Untrace Report under Section 173 Cr.P.C. was

prepared by the SHO of PS City Budhlada on 28.12.2022. This report was subsequently presented before the

Learned Court on 09.09.2023. The Untrace Report has been accepted by the Court of Ms. Jasika Viz, PCS,

JMIC, Budhlada, District Mansa, Punjab vide order dated 09-09-2023. Exhibit – PW 5/P-1 is a true copy of

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

113

FIR no. 119 of 2022 in Vernacular and Exhibit – PW5/P-2 is its English translated copy. Exhibit – PW5/P-

3 is the true copy of Seizure memos of Posters in Vernacular seized in the present case and Exhibit – PW5/P-

4 is its English translated copy of the Seizure memos of Posters seized in the present case. Exhibit – PW5/P-

5 is the true copy in Vernacular of the Untrace Report and Exhibit – PW5/P-6 is its true English translated

copy. Exhibit– PW5/P-7is true copy of the final order dated 09-09-2023 passed by the Hon’ble Court of Ms.

Jasika Viz, PCS, JMIC, Budhlada, District Mansa.

iv.

PW-5 further deposed that SFJ persistently advocates for the secession of Punjab from India, inciting

separatist groups and destabilizing the government by promoting anti-national sentiments. Despite being

banned under the Unlawful Activities (Prevention) Act (UAPA) since 2019, SFJ continues to engage in

activities that threaten India's unity, integrity and public order. Witness also testified that SFJ has been

spearheading secessionist movements, supporting militancy and inciting violence along religious lines to

further its agenda of creating a separate Khalistan state. He noted SFJ’s links with militant outfits and its

efforts to encourage violent extremism, posing a significant threat to India’s sovereignty and internal security.

PW-5 stated that if SFJ's activities are not curbed immediately, they could revive militancy in Punjab and

escalate subversive actions across the country.

28.

PW-6

i.

PW-6 Ramanpreet Singh Gill, Deputy Superintendent of Police, Detection, in District Sri Muktsar

Sahib, Punjab, tendered his affidavit Exhibit-PW6/A after due authorization by the Competent Authority.

He deposed regarding FIR No. 01 dated 03-01-2023, registered under Sections 124-A, 153-A, 153-B and 34

of the IPC at Police Station Sadar, Sri Muktsar Sahib. This FIR is listed at Serial No. 43 of Annexure II to

the Reference Note submitted by the Ministry of Home Affairs before the Tribunal. The contents of affidavit

are stated to be based on record revealed during investigation as well as on his personal knowledge acquired

during the 03 years of service as a Police Officer. The documents annexed to the affidavit are stated to be

true copies of the respective originals and documents have been marked as exhibits during the course of

deposition.

FIR No. 01/2023 Police Station Sadar, Sri Muktsar Sahib, Punjab.

ii.

PW-6 deposed that on 03.01.2023ASI Jarnail Singh, along with a police party, was patrolling and

checking suspicious individuals and vehicles along the route from Village Udekaran to Village Sangudhaun.

The police received a tip-off about suspicious activity near a deserted area beside the back boundary wall of

the SSP Office on Bathinda Road, Sri Muktsar Sahib, towards Village Sangudhaun. Upon reaching the

location, the police discovered Pro-Khalistani slogans written in black paint, including messages such as

“Indira Thoki, Rahul Thoko, Punjab Khalistan Rocket Referendum.” ASI Jarnail Singh inspected the site and

sent a report (rukka) to the police station, which led to the registration of the FIR and the initiation of the

investigation.

iii.

He deposed that a thorough investigation was conducted over a period of four months to identify the

perpetrators and bring them to justice. Despite the best efforts made, the identity of the individuals responsible

for the incident could not be determined. As a result, an Untrace Report under section 173 of the Cr.P.C. was

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[PART II—SEC. 3(ii)]

prepared by the SHO of Police Station Sadar on 03.05.2023 and was subsequently presented to the Court on

04.12.2023.The Untrace Report was accepted by the Court of Sh. Jatinderpal Singh, President

Officer/National Lok Adalat, through an order dated 09.12.2023. Exhibit PW6/P-1 is a true copy of FIR

No. 01 of 2023 in vernacular. Exhibit PW6/P-2 is its English-translated copy. Exhibit PW6/P-3 is a true

copy of the Untrace Report in vernacular. Exhibit PW6/P-4 is the English-translated version of the Untrace

Report. Exhibit PW6/P-5 is a true copy of the final order dated 09.12.2023 passed by Sh. Jatinderpal Singh,

President Officer/National Lok Adalat.

iv.

PW-6 deposed that Sikhs for Justice (SFJ), led by Gurpatwant Singh Pannun, actively promotes the

secession of Punjab from India, inciting separatist sentiments and supporting militancy to further its agenda

of creating Khalistan. Despite being banned under the UAPA since 2019, SFJ continues its unlawful

activities, threatening India’s sovereignty, security and public order. The organization collaborates with

militant groups and uses subversive methods to destabilize the government. The witness further deposed that

unchecked, these activities could revive militancy in Punjab and escalate threats to national security.

29.

PW-7

i.

PW-7 Sukhwinder Singh, Deputy Superintendent of Police in Ferozepur, Punjab, tendered his

affidavit Exhibit-PW7/A after due authorization by the Competent Authority. He deposed regarding FIR

No. 130 of 2022, registered at Police Station Sadar, Ferozepur, under sections 124-A, 153-A, 153-B and 34

of the Indian Penal Code mentioned at Serial No. 33 in Annexure II of the Reference Note. The contents of

affidavit are stated to be based on record revealed during investigation as well as on his personal knowledge

acquired during the 32 years of service as a Police Officer. The documents annexed to the affidavit are stated

to be true copies of the respective originals and documents have been marked as exhibits during the course

of deposition.

FIR No. 130/2022, Police Station Sadar, Ferozepur,Punjab.

ii.

PW-7 deposed that on 13.06.2022, Deputy Superintendent of Police (DSP) Satwinder Singh, along

with his gunman and reader, was traveling in a government vehicle when a secret informer provided

information about pro-Khalistan slogans (“Sikh for justice” and “Khalistan Zindabad”) written on the wall

of the Divisional Railway Manager’s office in Ferozepur, accompanied by posters. The informer also showed

a video in which Gurpatwant Singh Pannun, speaking as the General Counsel of Sikhs For Justice (SFJ),

claimed responsibility for the slogans, including one at the residence of the Deputy Commissioner of

Ferozepur. In the video, Pannun made provocative remarks about the area, which were seen and heard by the

DSP. This message was shown to the DSP on the informer’s mobile phone. Based on these facts, FIR No.

130 was registered for conspiring to disrupt peace, misuse public property and engage in anti-national

activities.

iii.

PW-7 further testified that the matter is currently under investigation, with ongoing efforts to identify

and arrest the individuals responsible for writing the pro-Khalistan graffiti. The witness relied on several

documents as part of his evidence. Exhibit-PW7/P1 is a copy of FIR No. 130 of 2022 in vernacular, along

[भाग II—खण् ड 3(ii)]

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115

with its English-translated version, Exhibit-PW7/P2. Copy of seizure memo containing photographs and a

video (stored in a pen drive) of the location where the slogans were written is Exhibit-PW7/P3 along with

its certified English translation, Exhibit-PW7/P4. A copy of a video of Gurpatwant Singh Pannun (stored in

a pen drive) and its transcript is Exhibit-PW7/P5.

iv.

PW-7 deposed that he concurred with the conclusions of Ministry of Home Affairs about Sikhs For

Justice (SFJ), its patron Gurpatwant Singh Pannun and its members. He stated that SFJ has consistently

advocated for Punjab's secession from India, inciting separatist groups along religious lines to destabilize the

government and disrupt India’s territorial integrity. Further, promotion of anti-national and separatist

sentiments pose a direct threat to India's security. The organization has facilitated unlawful activities,

particularly in Punjab and other Sikh-majority areas and tacitly supported militancy and religious violence to

further its goal of establishing a separate Khalistan state within India.

30.

PW-8

i.

PW-8 Sarabjit Singh, Superintendent of Police (Investigation) in Hoshiarpur, Punjab tendered his

affidavit Exhibit-PW8/A after due authorization by the Competent Authority. He deposed with respect to

FIR No. 93, registered on 06.08.2016 at Police Station Chabbewal, Hoshiarpur. The contents of affidavit are

stated to be based on record revealed during investigation as well as on his personal knowledge acquired

during his service as a Police Officer. The documents annexed to the affidavit are stated to be true copies of

the respective originals and documents have been marked as exhibits during the course of deposition.

FIR No. 93/2016, PS-Chabbewal, Hoshiarpur, Punjab.

ii.

PW-8 testified that the FIR No. 93/2016, dated 06.08.2016 under Sections 10, 11 and 13 of the

Unlawful Activities (Prevention) Act, 1967 and Sections 25, 54 and 59 of the Arms Act, was registered at

Police Station Chabbewal, Hoshiarpur. During investigation, additional charges under Sections 17, 19, 38

and 39 of the UAPA and Section 9(B) of the Explosives Act, 1884, were added. The case originated when

the Station House Officer (SHO) and a police party, conducting vehicle and suspect checks near JNJ Palace

in Chabbewal, received reliable information regarding Harjap Singh, a resident of Bhilowal and currently in

the United States and Avtar Singh, alias Darshan Singh, a resident of Chakkowal Shekhan currently in Italy.

Both individuals were identified as members of the Khalistan Liberation Force, a proscribed organization

under the UAPA. They were reportedly disseminating false narratives among vulnerable individuals in

Punjab and attempting to revive terrorism in the state by providing financial support to recruit young people

and procure weapons.

iii.

Witness deposed that the investigation revealed that Jaspreet Singh, alias Jassa; Hardeep Singh, alias

Deepa; Kuldeep Singh, alias Deep; and Bikramjeet Singh were in contact with Balwinder Singh, alias Bittu,

who resided in Ramu Thiara village. Acting on instructions from Harjap Singh and Avtar Singh conveyed

via the Internet, social media and mobile communication, the accused were directed to acquire weapons,

ammunition and explosives to carry out a significant act of violence.

iv.

Subsequent searches and recoveries included 40 live cartridges from Bikramjeet Singh, ten shirts

printed with “Punjab Independence Day Referendum 2020,” and 200 grams of sulfur (gandhak) potash from

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[PART II—SEC. 3(ii)]

Kuldeep Singh. Additionally, five similar shirts, a motorcycle, books and a pistol were recovered from

Jaspreet Singh. The investigation also led to the recovery of five shirts with similar slogans from Hardeep

Singh. Based on these findings, Section 9(B) of the Explosives Act, 1884was added to the case on 14.04.2017,

under DDR No. 21.

v.

PW-8 further deposed that the accused Jaspreet Singh, alias Jassa and Hardeep Singh alias Deepa,

both residents under PS Chabbewal, were convicted under Section 25 of the Arms Act on 03.04.2019 and

released from jail on 01.08.2019. Kuldeep Singh alias Deep, a resident of Mohalla Shekhan, Hoshiarpur, was

convicted under Section 9B of the Explosives Act, 1884, on 03.04.2019 and released the same day.

Bikramjeet Singh, a resident of Ainokot under PS Ghuman, was acquitted of charges on 02.04.2019.

vi.

He further deposed that Balwinder Singhalias Bittu, initially from Purhiran and later residing in

Ramu Thiara under PS Bullowal, was arrested on 04.07.2019 and a supplementary charge sheet was filed on

18.11.2020. However, he passed away on 02.10.2021. Harjap Singh alias Japhi, a resident of Bhilowal, was

declared a Proclaimed Offender on 23.01.2018, with a Look Out Circular issued against him. Similarly, Avtar

Singh, a resident of ChakkowalShekhan under PS Bullowal, was declared a Proclaimed Offender on

15.12.2016 and an LOC was issued for him as well.

vii.

The witness relied on several documents in his evidence. Exhibit-PW8/P-1 is a true copy of the First

Information Report (FIR) in the vernacular language. Exhibit-PW8/P-2 is the certified English translation

of the FIR. Exhibit-PW8/P-3 is a certified copy of the judgment. Exhibit-PW8/P-4 is a compilation of a

true copy of the seizure memos in the vernacular and their certified English translation. Exhibit-PW8/P-5 is

a set comprising a true copy of the disclosure memos in the vernacular and their certified English translation.

viii.

PW-8 further deposed that the allegations and FIRs against Gurpatwant Singh Pannun and his

organization, Sikhs for Justice (SFJ), have been registered after the group was banned earlier. This

demonstrates that Pannun and other SFJ leaders have persistently engaged in secessionist and anti-national

activities. He deposed that there is a strong belief that if the ban on SFJ is not extended or its activities are

not effectively curbed, it could lead to the resurgence of militancy and terrorism, particularly in Punjab and

potentially spread to other parts of the country. The organization’s subversive agenda includes attempts to

destabilize the lawfully established government and carve out a separate Khalistan nation by severing Punjab

from the Union of India.

31.

PW-9

i.

PW-9 Paramjit Singh, Inspector, Counter Intelligence, Bathinda tendered his affidavit Exhibit-

PW9/A after due authorization by the Competent Authority. He deposed regarding FIR No. 233 of 2023,

registered at Police Station Canal Colony, Bathinda listed at Serial No. 52 of Annexure II to the

Reference/Background Note. The contents of affidavit are stated to be based on record revealed during

investigation as well as on his personal knowledge acquired during his service as a Police Officer. The

documents annexed to the affidavit are stated to be true copies of the respective originals and documents have

been marked as exhibits during the course of deposition.

FIR No. 233/ 2023,Police Station-Canal Colony, Bathinda,

[भाग II—खण् ड 3(ii)]

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117

ii.

PW-9 deposed that FIR No. 233 of 2023 was registered at Police Station Canal Colony, Bathinda,

under sections 153, 153A, 505 and 120B of the Indian Penal Code. The Counter Intelligence, Bathinda in

coordination with the CIA-2 Staff Bathinda, received a tip-off about two individuals, Harmanpreet Singh,

son of Kaku Singh, a resident of Naseebpura (Kailebandar) under PS Talwandi Sabo and Lovepreet Singh,

son of Jagsir Singh, a resident of Kotshamir under PS Sadar, both in Bathinda district. The information

indicated that the two individuals were active members of Sikhs for Justice (SFJ) and had planned to write

pro-Khalistani and SFJ slogans on public buildings. Acting on this tip-off, a joint operation was conducted,

during which both suspects were apprehended. The operation led to the recovery of three spray cans and a

piece of saffron cloth with "Khalistan Zindabad" and "SFJ" written in black spray paint.

iii.

Witness further deposed that during the investigation, the suspects, Harmanpreet Singh and

Lovepreet Singh, admitted to having established contact with Jagjeet Singh, an individual associated with

Sikhs for Justice (SFJ), via Twitter in August 2023. Following his instructions, they carried out several

activities, which included:

a.

On 15th August 2023, they hoisted a Khalistan flag under a bridge in Bathinda.

b.

On 3rd October 2023, Lovepreet Singh wrote pro-Khalistani slogans in

Dharmshala, Himachal Pradesh.

c.

On 23rd October 2023, both individuals wrote Khalistan slogans at Hanumangarh

Railway Station in Rajasthan.

d.

On 28th November 2023, they wrote "Khalistan Zindabad" and "SFJ" slogans at

Bhandari Bridge Railway Station, Amritsar.

iv.

The suspects further disclosed that they received monetary compensation from Jagjeet Singh through

Western Union for carrying out the activities. The case is still under investigation.

v.

PW-9 relied on several documents during his deposition. Exhibit-PW9/P1 is a copy of FIR No. 233,

along with its English-translated version as Exhibit-PW9/P2. The Seizure Memo, which includes bottles of

spray paint, a mobile phone, a motorcycle and a Kesri flag, is marked as Exhibit-PW9/P3, with its attested

English translation as Exhibit-PW9/P4. The statements of six witnesses recorded under Section 161 Cr.P.C.

during the investigation are collectively marked as Exhibit-PW9/P5, with their English translations

collectively marked as Exhibit-PW9/P6.

vi.

The witness stated on oath that he fully concurred with the conclusions of the Ministry of Home

Affairs regarding Sikhs for Justice (SFJ), its patron Gurpatwant Singh Pannun and its leadership. He affirmed

that SFJ has consistently advocated for Punjab's secession from India, actively inciting separatist groups

along religious lines to destabilize the government and promote the cause of Punjab’s separation. He further

stated that the actions documented in the FIRs reveal SFJ's intent to undermine India’s territorial integrity by

encouraging the Sikh community to reject the lawful authority of the Indian government in Punjab. The

witness also asserted that SFJ has fostered anti-national and separatist sentiments, posing a direct threat to

India’s security and integrity. He added that the organization has conspired to escalate secessionist

movements and unlawful activities, particularly in Punjab and other Sikh-majority regions. Further, SFJ has

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[PART II—SEC. 3(ii)]

supported militancy and incited violence along religious lines, with the goal of establishing an independent

Khalistan state within Indian territory.

32.

PW-10

i.

PW-10 Navjot Singh, Additional Deputy Commissioner of Police, Investigation, Police

Commissionerate, Amritsar, Punjab, tendered his affidavit Exhibit-PW10/A after due authorization by the

Competent Authority. He deposed w.r.t. four FIRs bearing No.168/2020 (listed as serial no. 20 in the

background note), FIR No. 04/2024 (listed at serial no. 54 in the background note), FIR No. 69/2022 (listed

at serial no. 31 in the background note) and additional FIR No. 23/2023. The contents of affidavit are stated

to be based on record revealed during investigation as well as on his personal knowledge acquired during the

22 years of service as a Police Officer. The documents annexed to the affidavit are stated to be true copies of

the respective originals and documents have been marked as exhibits during the course of deposition.

FIR No. 168/ 2020 ,PS: B-Division, District Commissionerate Amritsar, Punjab

ii.

PW-10 deposed that the FIR No. 168 of 2020 was registered on 02/07/2020 at Police Station B-

Division, District Commissionerate Amritsar, Punjab, under various sections, including 504, 124-A, 153-A

of the IPC, Section 2 of the Prevention of Insult to National Honour Act, 1971, Section 3 of the SC and ST

(Prevention of Atrocities) Act, 1989 and Section 10 and 13 of the Unlawful Activities (Prevention) Act, 1967.

The case was initiated based on the statement of Loveleen alias Love Mattu, son of Raj Kumar, resident of

H.N. 3301, Gali No.1, Near Bhagwan Valmiki Mandir, Ghee Mandi, Amritsar who reported the circulation

of a video featuring Gurpatwant Singh Pannun, who identifies himself as the legal advisor of Sikhs for Justice

(SFJ) and the propagator of the "Referendum-2020" movement. The video, posted on the UK Media

International Facebook page, shows Pannun alongside images of the Indian Constitution and the Indian

National Flag. During the video, one of his associates is seen holding a lit torch (Mashaal). Pannun begins

the video with the Sikh religious phrase "Waheguru Ji Ka Khalsa, Waheguru Ji Ki Fateh," followed by

provocative remarks. He urges members of Sikhs for Justice to set fire to Indian embassies around the world.

iii.

The witness quoted the excerpts of Pannun’s statement as per translated and transcripted copy as

contained in the video as follows:

"Wahguru Ji Ka Khalsa Waheguru Ji Ki Fateh, Indian Constitution and Indian

Tricolor call to set fire to Indian embassies around the world by Sikhs for Justice. The

invitation has been given, but today it is very important to mention how many people

gave the first invitation to set fire to the Indian Constitution. Listen to what Dr.

Bhimrao Ambedkar had to say in 1953, who said that my friends told me that you

wrote the Indian Constitution and today I was compelled to say that I would be the

first person to burn that Constitution because that Constitution I don't believe because

that constitution can't do any good for anyone. These words came from Dr. Bhimrao

Ambedkar on 2 September 1953. Dr. Bhimrao Ambedkar gave the second invitation

in 1955 when he was asked in the same parliament that why do you want to burn the

Indian Constitution? Then Dr.Bhimrao Ambedkar's answer was that I made the

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

119

Constitution of India to build a temple, but when demons come into the temple, it will

be better to burn it and blow it. The Sikh community and Punjab has to be understood

that this Indian Constitution, the Hindu flag of India, gave Sikhism the status of a part

of Hinduism and under this Constitution of India, Akal thakt was demolished in 1984.

This Constitution of India took away your Religion, your speech, your water, your

electricity and your right to live has been abolished under this constitution and the

only solution is to abolish the Indian constitution forever. The real Punjab should be

freed. Today, Punjab has to understand that either you are on the side of the tricolor

or you are on the side of khalsa. Long Live Khalistan. Long live Khalistan."

iv.

Witness further testified that in the video, Gurpatwant Singh Pannun and his accomplices are seen

setting fire to the Indian National Flag and images of the Indian Constitution. Pannun raises slogans in support

of Khalistan and urges Sikhs worldwide to embrace their religious identity while rejecting any connection to

India. He also claims that the Indian Constitution has caused the deaths of numerous Sikhs and has led to the

martyrdom of over 150,000 Sikh warriors and more than 10 million Sikhs.

v.

Witness deposed that Pannun’s provocative statements incite unrest and the video, which was

publicly shared, dishonors both the Indian Constitution and the National Flag. His remarks directly challenge

the values upheld by Dr. B.R. Ambedkar, causing offense to the Scheduled Caste (SC) community. The

rhetoric demonstrates an intent to stir communal discord and disturb public order.

vi.

PW-10 further deposed that since SFJ has been designated an unlawful association by the

Government of India, further investigations into Pannun’s activities were initiated. A Look-Out Circular

(LOC) was issued against him on January 30, 2023 and a follow-up LOC was issued on December 29, 2023.

However, Pannun remains at large and has yet to be apprehended. The investigation into the case is ongoing.

vii.

Exhibit-PW10/P1 is the copy in vernacular of FIR No. 168 of 2020 and Exhibit-PW10/P2 is its

true English translation. Exhibit-PW10/P3 is the true copy of the statement dated 16.07.2020 of the witness

Rahul Malik, recorded under Section 161 Cr.P.C. in vernacular, along with its English translation. Exhibit-

PW10/P4 is the true copy of the statement dated 07.09.2020 of the witness Amit Danav, recorded under

Section 161 Cr.P.C. in vernacular, along with its English translation. Exhibit-PW10/P5 is the true copy of

the statement dated 07.10.2020 of the witness Ashwani Kumar, recorded under Section 161 Cr.P.C. in

vernacular, along with its English translation. Exhibit-PW10/P6 is the true copy of the statement dated

23.09.2020 of the witness Pawanjeet Singh, recorded under Section 161 Cr.P.C. in vernacular, along with its

English translation. Exhibit-PW10/P7 is the true copy of the statement dated 14.10.2020 of the witness ASI

Malkiat Singh, recorded under Section 161 Cr.P.C. in vernacular, along with its English translation. Exhibit-

PW10/P8 is the true copy of the statement dated 16.07.2020 of the witness Nirvail Singh, recorded under

Section 161 Cr.P.C. in vernacular, along with its English translation. Exhibit-PW10/P9 is the true copy of

the Seizure Memo of a CD dated 16.07.2020, along with its translation.Exhibit-PW10/P10 is the true copy

of the video (in CD) of Gurpatwant Singh Pannun and its transcript. Exhibit-PW10/P11 is the true copy of

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[PART II—SEC. 3(ii)]

the order of issuance of Warrant dated 25.01.2021 along with the warrant. Exhibit-PW10/P12 is the true

copy of the examination report No. CFSL(C)/1016/2022/PHY-333/2022/461 dated 28.02.2023.

FIR No. 23/2023, PS-Verka, District-Commissionerate Amritsar ,Punjab.

viii.

PW-10 deposed that FIR No. 23 of 2023 dated 07.03.2023 has not been mentioned in the background

note. However, the same directly relates to the unlawful activities of SFJ and constitutes additional evidence

which bears proof of illegal activities of SFJ and is relevant for declaring SFJ as unlawful association. FIR

No. 23 of 2023was registered at Police Station Verka under Sections 124-A, 153-A, 504, 120-B of the Indian

Penal Code (IPC) and Section 66F of the Information Technology Act. The FIR was filed against Gurpatwant

Singh Pannun, Attorney-cum-General Counsel for Sikhs for Justice (SFJ), following the circulation of a viral

video.

ix.

Witness deposed that in the video, Pannun begins with the phrase "Waheguru Ji Ka Khalsa,

Waheguru Ji Ki Fateh" and makes provocative statements. He declares that "Punjab is not a part of India"

and announces plans to disrupt train services on March 15 and 16. He also claims that the flag of Khalistan

has been hoisted at Verka Bypass in Amritsar in protest, coinciding with the G-20 summit being held in the

city. A banner with the message “G-20 welcome to Khalistan” was displayed, reiterating the claim that

“Punjab is not India.”

x.

Witness further testified that Pannun criticizes the Bhagwant Mann-led government, alleging that

while the state spends 100 crores on infrastructure and beautification projects, Punjab’s farmers are driven to

suicide due to neglect. He directs a threatening message in the video towards Amit Shah and Bhagwant Mann,

saying, “The dead bodies that arrive at our homes will one day reach yours too.”Pannun further warns that

train stations at Amritsar, Ludhiana, Bathinda and Firozpur will be shut down on March 15 and 16 to send a

message that “Punjab is not part of India.” He asserts that SFJ supporters are present at Verka Bypass in

Amritsar and will confront the G-20 delegates during their visit on those dates, chanting, “Long live

Khalistan.”

xi.

PW-10 also deposed that during a search, a yellow banner was recovered from the railing of the road

near the BRTS Bus Depot at Verka Bypass. The banner contained provocative messages, including “G-20

welcome to Khalistan,” “Punjab is not India,” and an appeal to stop train services on March 15-16. It also

included the slogan “SFJ Zindabad.” This banner serves as concrete evidence that Gurpatwant Singh Pannun

and his associates were involved in illegal activities. They had circulated a viral video on social media,

inciting the people of Punjab to support the Khalistan movement and to disrupt train services during the G-

20 summit.

xii.

The witness has deposed that the investigation into this case is ongoing. The accused of the case

Gurpatwant Singh Pannun is still at large, but continuous efforts are being made for the same.

xiii.

Exhibit-PW10/P13 is the true copy in vernacular of FIR No. 23 of 2023 and Exhibit-PW10/P14 is

its true English translation. Exhibit-PW10/P15 is the true copy of the statement dated 07.03.2023 of the

witness SI/SHO Nishan Singh, recorded under Section 161 Cr.P.C. in vernacular, along with its English

translation. Exhibit-PW10/P16 is the true copy of the statement dated 07.03.2023 of the witness ASI

Mukandbir Singh, recorded under Section 161 Cr.P.C. in vernacular, along with its English translation.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

121

Exhibit-PW10/P17 is the true copy of the statement dated 07.03.2023 of the witness Sukhram, recorded

under Section 161 Cr.P.C. in vernacular, along with its English translation. Exhibit-PW10/P18 is the true

copy of the statement dated 07.03.2023 of the witness Shambhu Paaswan, recorded under Section 161 Cr.P.C.

in vernacular, along with its English translation. Exhibit-PW10/P19 is the true copy of the statement dated

07.03.2023 of the witness Vinod Paaswan, recorded under Section 161 Cr.P.C. in vernacular, along with its

English translation. Exhibit-PW10/P20 is the true copy of the statement dated 07.03.2023 of the witness

Bablu, recorded under Section 161 Cr.P.C. in vernacular, along with its English translation. Exhibit-

PW10/P21 is the true copy of the statement dated 07.03.2023 of the witness ASI Sukhjit Singh, recorded

under Section 161 Cr.P.C. in vernacular, along with its English translation. Exhibit-PW10/P22 is the true

copy of the statement dated 07.03.2023 of the witness Johnson, recorded under Section 161 Cr.P.C. in

vernacular, along with its English translation. Exhibit-PW10/P23 is the true copy of the statement dated

07.03.2023 of the witness Amrinder Singh, recorded under Section 161 Cr.P.C. in vernacular, along with its

English translation. Exhibit-PW10/P24 is the true copy of the Seizure Memo of a banner and CD. Exhibit-

PW10/P25 is the true copy of the video of Gurpatwant Singh Pannun in a CD along with its transcript.

FIR No. 04/2024, PS: D-Division, District Commissionerate Amritsar Punjab,

xiv.

PW-10 deposed that the FIR No. 04 of 2024, dated 23.01.2024, was registered at Police Station D-

Division, District Commissionerate Amritsar (Punjab), under Sections 153-A, 153-B, 505 of the IPC and

Section 66(F) of the Information Technology Act. The FIR was filed against Gurpatwant Singh Pannun, the

Legal Advisor for Sikhs for Justice, New York (United States of America), following the circulation of a

viral video on a social media platform. In the video, Pannun is seen making statements that undermine the

unity and integrity of India, inciting religious enmity, promoting hate speech and fostering division among

different communities. His remarks create ill-will, spread fear and insecurity and threaten national integrity.

The case is under investigation, but no arrest has been made yet. Efforts to apprehend Gurpatwant Singh

Pannun are ongoing, as he remains at large.

xv.

Exhibit-PW10/P26 is the true copy in vernacular of FIR No. 04 of 2024 dated 23.01.2024 and

Exhibit-PW10/P27 is its true English translation. Exhibit-PW10/P28 is the true copy of the statement dated

23.01.2024 of the witness ASI Manpreet Singh, recorded under Section 161 Cr.P.C. in vernacular, along with

its English translation. Exhibit-PW10/P29 is the true copy of the statement dated 24.01.2024 of the witness

Arun Khanna, recorded under Section 161 Cr.P.C. in vernacular, along with its English translation. Exhibit-

PW10/P30 is the true copy of the statement dated 24.01.2024 of the witness Pink Raj, recorded under Section

161 Cr.P.C. in vernacular, along with its English translation. Exhibit-PW10/P31 is the true copy of the

statement dated 24.01.2024 of the witness Lakshmi Kant Chawla, recorded under Section 161 Cr.P.C. in

vernacular, along with its English translation. Exhibit-PW10/P32 is the true copy of the statement dated

24.01.2024 of the witness Rakesh Kumar, recorded under Section 161 Cr.P.C. in vernacular, along with its

English translation. Exhibit-PW10/P33 is the true copy of the Seizure Memo of the Pen Drive dated

23.01.2024. Exhibit-PW10/P34 is the true copy of the video of Gurpatwant Singh Pannun and its

transcript/translation.

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[PART II—SEC. 3(ii)]

FIR No. 69/2022, P S: E-Division, District Commissionerate Amritsar, Punjab

xvi.

PW 10 deposed that the FIR No. 69 of 2022, dated 06.06.2022, was registered at Police Station E-

Division, District Commissionerate Amritsar (Punjab), under Sections 121 and 121-A of the IPC following

the circulation of a viral video on social media. The video appears to have been made near Nishan Sahib of

Shri Akal Takhat Sahib, where one person can be seen speaking, while another appears to be listening. The

speaker in the video chants, “Live long Sikhs for Justice, Referendum Zindabad, Khalistan Zindabad.” The

supporting individual is seen endorsing these statements. The content of the video has the potential to incite

communal discord and disturb public order in the country.

xvii.

Witness also testified that the speech in the video is viewed as an attempt to wage or incite war

against the Government of India, leading to the registration of the case. Two individuals, Manjit Singh @

Baba Shaheed, son of Kundan Singh, resident of Village Jhour Kalan, PS Sadar, District Gurdaspur and

Saudagar Singh @ Saudagar, son of Nand Singh, resident of Village Virk, PS Sidhwan Bet, District Ludhiana

Rural, were arrested on 06.06.2022 in connection with this case. Additionally, two mobile phones were

recovered from the arrested individuals. The chargesheet in FIR No. 69 of 2022 was filed on 23.08.2022

against the accused, Manjit Singh @ Baba Shaheed, son of Kundan Singh, resident of Village Jhour Kalan,

PS Sadar, District Gurdaspur (currently a tenant at the residence of Harjit Singh, Ex-SDO, Village & Police

Station Ajit Wal, District Moga) and Saudagar Singh @ Saudagar, son of Nand Singh, resident of Village

Virk, PS Sidhwan Bet, District Ludhiana Rural. The trial in the case is ongoing.

xviii.

Exhibit-PW10/P35 is the true copy in vernacular of FIR No. 69 of 2022 and Exhibit-PW10/P36 is

its true English translation. Exhibit-PW10/P37 is the true copy of the statement dated 06.07.2022 of the

witness Sahib Singh, recorded under Section 161 Cr.P.C. in vernacular, along with its English translation.

Exhibit-PW10/P38 is the true copy of the statement dated 06.07.2022 of the witness ASI Harjit Singh,

recorded under Section 161 Cr.P.C. in vernacular, along with its English translation. Exhibit-PW10/P39 is

the true copy of the statements dated 06.07.2022, 12.06.2022 and 27.07.2022 of the witness HC Amrinder

Singh, recorded under Section 161 Cr.P.C. in vernacular, along with their English translations, collectively.

Exhibit-PW10/P40 is the true copy of the statement dated 12.06.2022 of the witness CT Sukhmanjit Singh,

recorded under Section 161 Cr.P.C. in vernacular, along with its English translation. Exhibit-PW10/P41 is

the true copy of the statement dated 27.07.2022 of the witness HC Raghbir Singh, recorded under Section

161 Cr.P.C. in vernacular, along with its English translation. Exhibit-PW10/P42 is the true copy of the video

of Gurpatwant Singh Pannun in a CD along with its transcript/translation.The true copy of chargesheet in

vernacular & true English translation of chargesheet in FIR No. 69 of 2022 are EXHIBIT-PW10/P43 &

EXHIBIT-PW10/P44 respectively.

xix.

PW-10 fully endorsed the Ministry of Home Affairs' assessment regarding the activities of Sikhs for

Justice (SFJ). He affirmed that SFJ, under the leadership of Gurpatwant Singh Pannun, has persistently

advocated for the secession of Punjab from the Indian Union and engaged in unlawful activities aimed at

destabilizing the government and undermining India’s territorial integrity. Despite being banned under the

Unlawful Activities (Prevention) Act (UAPA), SFJ has continued its illegal operations, posing a grave threat

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

123

to India’s national security, public order and unity. During his testimony, the witness emphasized SFJ’s

vigorous campaign for the creation of an independent Khalistan, targeting separatist groups within the Sikh

community to challenge the authority of the Indian government. He testified that SFJ’s activities have directly

undermined India’s territorial integrity by provoking members of the Sikh community to reject the

government’s legitimate authority. SFJ has fostered anti-national sentiments and facilitated unlawful

activities, particularly in Punjab and other Sikh-majority regions, to escalate secessionist movements. The

organization has also indirectly supported militancy and encouraged violence to further its Khalistani agenda.

xx.

The witness deposed that he had strong concerns about SFJ's continued operations despite the ban

and stressed the need to extend the prohibition on the organization. He deposed that without such measures,

SFJ’s activities could escalate, posing an even greater threat to India’s sovereignty, territorial integrity and

internal stability.

33.

PW-11

i.

PW-11 Rajinder Pal Singh, Deputy Superintendent of Police, Investigation, District Barnala,

Punjab, tendered his affidavit Exhibit-PW11/A FIR No. 317/2023, dated 12.07.2023, registered under

Section 3 of the Punjab Prevention of Defacement of Property Act in which later on Section 153 IPC was

invoked. He deposed that this FIR is not part of the background note, but is being submitted as additional

evidence to prove the unlawful activities of Sikhs for Justice (SFJ). The contents of affidavit are stated to be

based on record revealed during investigation as well as on his personal knowledge acquired during the 25

years of service as a Police Officer. The documents annexed to the affidavit are stated to be true copies of

the respective originals and documents have been marked as exhibits during the course of deposition.

FIR No. 317/2023 Police Station City-2 Barnala, Punjab

ii.

PW-11 testified that FIR No. 317/2023 was registered in Police Station City-2 Barnala, Punjab, under

Section 3 of the Punjab Prevention of Defacement of Property Act, following the defacement of public

property with slogans supporting the Khalistan movement. Subsequently, Section 153 of the IPC was invoked

as the investigation uncovered that the defacement was intended to incite communal disharmony and hatred

between different groups. The FIR was filed after receiving secret information about the defacement of

signboards. The information revealed that signboards had been installed outside the office of the Forest Range

Officer on Handiaya Road and opposite the rest house, near the residence of the Deputy Commissioner. These

signboards were found to have been damaged by an unknown person or persons who wrote "SFJ" in English

using black paint.

iii.

Witness further deposed that during the investigation, it was discovered that the words "Khalistan"

and "SFJ" were written in English with black paint on the signboards outside the Forest Range Officer’s

office on Handiaya Road. Another signboard, installed opposite the Deputy Commissioner's residence,

carried the slogan "SAHID NIJJAR DA BADLA MODI SHAH THOKO WORLD CUP ROKO SFJ". A similar

signboard was also found on the wall of the Judicial Complex in Barnala.

iv.

Witness further deposed that during the investigation, the offence under Section 153-A of the IPC

was added on 21-07-2023. On 23-07-2023, based on the statement of Gurmel Singh alias Booti, resident of

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[PART II—SEC. 3(ii)]

Qila Patti, Ward No. 5, Handiaya, Kulvir Singh, resident of Tapa, was named as an accused in the case.

Kulvir Singh had already been taken into custody at District Jail Barnala under Section 107/151 of the Cr.P.C.

at Police Station Tapa. He was subsequently arrested in this case after receiving a production warrant on 25-

07-2023 from the Court of Sh. Munish Garg, CJM Barnala.

v.

He deposed that on the disclosure statement made by Kulvir Singh, a spray bottle and a yellow-

colored flag, with "KHALISTAN" written in Punjabi using black spray paint, were recovered. These items

were found in a black polythene bag, hidden in the grass and bushes near the location where the defaced

signboard had been installed in front of Spring Valley School.Subsequently, on 20-03-2024, the offence

under Section 153-A of the IPC was deleted due to lack of sufficient evidence and instead, the offence under

Section 153 of the IPC was added. The matter is now scheduled for the framing of charges on 07.01.2025.

vi.

PW-11 further proved the documents on record. Exhibit-PW11/P1 is the vernacular copy of the

FIR, Exhibit-PW11/P2 is its attested English translation, Exhibit-PW11/P3 is the seizure memo and its

attested translation, Exhibit-PW11/P4 is the relevant statements of four witnesses along with their attested

translations, Exhibit-PW11/P5 is the charge sheet and its attested translation and Exhibit-PW11/P6 is the

supporting visual evidence in the form of photographs of signboards.

vii.

PW-11 testified that the FIR against Gurpatwant Singh Pannun and Sikhs for Justice (SFJ) highlights

their continued activities despite the ban on the organization. He deposed that SFJ persistently undermines

India’s unity and sovereignty, promoting the separation of Punjab. He stated that without extending the ban

and implementing stricter measures, SFJ’s actions could revive militancy and terrorism, especially in Punjab

and spread instability nationwide. SFJ’s agenda to create Khalistan threatens India’s territorial integrity,

risking unrest and violence.

34.

PW-12

i.

PW-12 Pawanjit, Additional Deputy Commissioner of Police (ADCP), Ludhiana, Punjab tendered

his affidavit Exhibit-PW12/A after due authorization by the Competent Authority. He deposed w.r.t. FIR

No. 154/2021, registered at P.S. Dehlon and listed in Serial No. 25 of the background note. The contents of

affidavit are stated to be based on record revealed during investigation as well as on his personal knowledge

acquired during the 35 years of service as a Police Officer. The documents annexed to the affidavit are stated

to be true copies of the respective originals and documents have been marked as exhibits during the course

of deposition.

FIR No. 154/2021.Police Station Dehlon, Ludhiana.

ii.

PW-12 testified that Harpreet Singh @ Mika, the Sarpanch of Village Gill, reported that some

individuals had painted slogans supporting Khalistan, such as "KHALISTAN ZINDABAD" and "KISANA DA

HAL, KHALISTAN" (translating to "the solution for farmers is Khalistan"), on the roads and walls of the

village. Following this information, the SHO, along with the in-charge of PP Marado and other police

personnel, visited the site. They reviewed CCTV footage and surveyed other locations in the village, directing

the Incharge of the local police Chowki to collect as much information as possible about the incident. After

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125

a comprehensive inquiry, the Inspector/SHO registered FIR No. 154/2021 on September 17, 2021, at Police

Station Dehlon, Ludhiana under sections 124-A, 153-A, 153-B, 120-B and 473 of the IPC.

iii.

He deposed that during the investigation, it was revealed that, on the night of 18/19 August 2021,

Gurvinder Singh @ Baba, son of Harpreet Singh, a resident of Assa Patti Village Rampur, Police Station

Doraha, Ludhiana and a Child in Conflict with Law, a resident of the same village, wrote the aforementioned

objectionable remarks supporting Khalistan on the road and wall of Village Gill using blue spray paint. This

act caused panic among the people of the Hindu community in the area. Further investigation revealed that

Gurvinder Singh @ Baba and Child in Conflict with Law were acting under the directions of Gurpatwant

Singh Pannun, who had provided financial support and other assistance to the accused. Their actions were

aimed at creating law and order problems in Punjab. This provided evidence that Gurpatwant Singh Pannun,

through these individuals, sought to disrupt the peace and tranquility of Punjab and further an anti-national

agenda to destabilize the nation and create a separate Khalistan state.

iv.

During the investigation, the Investigating Officer (IO) collected CCTV footage and photographs of

the road and wall where the objectionable remarks were written. A site plan was also prepared and statements

of witnesses were recorded. On 19.09.2021, Child in Conflict with Law was arrested and a used motorcycle

with a fake number plate was recovered from him, along with a mobile phone. Following his disclosure

statement under section 27 of the Indian Evidence Act, a blue spray tank was recovered. Consequently, the

offence under section 473 IPC was added to the case. After completing the investigation, a report was

prepared against Child in Conflict with Law and submitted before Sh. Anudeep Singh, Judge, Juvenile Court.

The case is currently under trial, with the next hearing scheduled for 15.12.2024 and Child in Conflict with

Law is currently out on bail.

v.

PW-12 further testified that another accused, Gurvinder Singh @ Baba, who had been arrested earlier

in connection with FIR No. 07/2021 under sections 153-A, 153-B and 120-B IPC, registered at Police Station

SAS Nagar, Mohali, was arrested again through a production warrant. After detailed interrogation, Gurvinder

Singh @ Baba was sent to Central Jail, Ludhiana, on 05.01.2022. A charge sheet was prepared against him

following the completion of the investigation and it was presented in court on 25.02.2022.

vi.

The case is currently under trial before Sh. Shiv Mohan Garg, ASJ, Ludhiana, with the next hearing

scheduled for 29.10.2024. The third accused, Gurpatwant Singh Pannun, remains at large and has not been

arrested yet.

vii.

PW-12 relied on a comprehensive set of documents. Exhibit-PW12/P1 is the true copy of the FIR

in vernacular, Exhibit-PW12/P2 is its attested English translation, Exhibit-PW12/P3 and Exhibit-

PW12/P5 are two seizure memos presented in vernacular, with their respective English translations as

Exhibit-PW12/P4 and Exhibit-PW12/P6. Exhibit-PW12/P7 is the disclosure statement of the CCL,

submitted in vernacular and Exhibit-PW12/P8 is its English translation. Exhibit-PW12/P9 is the

chargesheet in vernacular, Exhibit-PW12/P10 is its English translation, Exhibit-PW12/P11 is the

supplementary chargesheet in vernacular and Exhibit-PW12/P12 is its English translation.

viii.

The witness deposed that the investigation revealed that Sikhs for Justice (SFJ), led by Gurpatwant

Singh Pannun, continues to promote pro-Khalistani sentiments and separatist activities, despite being

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[PART II—SEC. 3(ii)]

banned.. Pannun plays a central role in inciting militancy and unrest in Punjab and across India, using

propaganda to exploit social and religious divides. The witness further emphasized that SFJ’s efforts to

destabilize India and advocate for Punjab’s separation pose a severe threat to national security. He deposed

that he concurred with the Ministry of Home Affairs’ conclusions and stressed the urgent need for decisive

legal action to curb SFJ’s activities and prevent further threats to India’s sovereignty and stability.

35.

PW-13

i.

PW-13 Vaibhav Sehgal, Superintendent of Police, Investigation, Malerkotla, Punjab, tendered his

affidavit Exhibit-PW13/A after due authorization by the Competent Authority. He deposed regarding FIR

No. 107/2022, registered on 01.05.2022 under sections 153-A, 153-B of the IPC and Section 3 of the Punjab

Prevention of Defacement of Property Ordinance Act, 1997, at Police Station City-I, Malerkotla. This FIR

was not mentioned in Annexure II of the Reference/Background Note and is an additional evidence. The

contents of affidavit are stated to be based on record revealed during investigation as well as on his personal

knowledge acquired during the 10 years of service as a Police Officer. The documents annexed to the affidavit

are stated to be true copies of the respective originals and documents have been marked as exhibits during

the course of deposition.

FIR No. 107/2022, Police Station City-I, Malerkotla, Punjab.

ii.

PW-13 testified that FIR No. 107, registered on 01.05.2022, relates to an incident in Malerkotla. On

29.04.2022, police received information that a saffron-colored flag and a saffron banner had been hoisted at

the Nirankari Bhawan and the side gate of the DC Office in Malerkotla. The flag and banner bore the

inscriptions "Punjab Hall Khalistan" and "Khalistan Zindabad" written in Punjabi. The items were found to

be installed by an unknown person, most likely during the night to take advantage of the darkness. Inspector

Harjinder Singh and other police officials responded to the scene in a government vehicle and conducted an

inquiry. They discovered that the flag featured a Khanda logo along with the separatist slogans, indicating it

was part of a pro-Khalistani message. The flag and banner were seized as evidence and further investigation

revealed that the installation of these items was likely an attempt by anti-social elements to provoke unrest

and law-and-order issues in the area, potentially inciting riots in Malerkotla.

iii.

He deposed that CCTV footage was not available for this investigation, as there had been a power

cut the previous night, rendering the cameras non-operational. As a result of this incident, FIR No. 107 was

registered and investigation was initiated to identify and apprehend those responsible for this act of

provocation. During the investigation, based on the statement of ASI Nirbhai Singh, the accused Happy, son

of Ram Krishan, resident of Near Shivaji Mandir, Giani Jail Singh Colony, Amargarh, was named as a suspect

in the case. The accused, Happy, later made a confessional disclosure statement in which he admitted to

committing the offense on the night of 28/29.04.2022. He further disclosed that he intended to install

additional flags and banners of the same nature and that the remaining flags and banners were stored in his

house, which he could retrieve. This revelation led to further investigations and the collection of additional

evidence related to the case.

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127

iv.

Upon completion of the investigation, a Challan under Section 173 of the Cr.P.C. was prepared

against the accused, Happy and presented before the Court of SDJM, Malerkotla, on 27.06.2022. After taking

cognizance of the offenses, the Court framed charges under Sections 153A, 153B of the IPC and Section 3

of the Prevention of Defacement of Property Act, 1997, on 01.10.2022. The case is currently pending trial.

v.

PW-13 further testified that based on his 10 years of service as a Police Officer since 2014, supported

by material in the public domain, social media and FIR records, he fully concurs with the Ministry of Home

Affairs' conclusions regarding Sikhs for Justice (SFJ), its patron Gurpatwant Singh Pannun and its members.

He affirmed that SFJ has been actively advocating for Punjab's secession, exploiting religious divides to

incite separatist groups and destabilize the Government of India. The acts described in the FIR were deliberate

attempts to undermine India’s territorial integrity by provoking individuals and groups, particularly within

the Sikh community, to challenge lawful authority.

vi.

He further proved documents referred in his testimony. Exhibit-PW-13/P1 is the true copy of the

FIR in vernacular, Exhibit-PW-13/P2 is its English translation, Exhibit-PW-13/P3 is the memo of arrest of

the accused, Exhibit-PW-13/P4 is its English translation, Exhibit-PW-13/P5 is the memo of identification

and Exhibit-PW-13/P6 is its English translation. Exhibit-PW-13/P7 is the memo of personal search in

vernacular, Exhibit-PW-13/P8 is its English translation, Exhibit-PW-13/P9 is the memo of recovery of a

flag and banner in vernacular and Exhibit-PW-13/P10 is its English translation. Exhibit-PW-13/P11 is the

disclosure statement of the accused in vernacular, Exhibit-PW-13/P12 is its English translation, Exhibit-

PW-13/P13 is the memo of recovery of a truck in vernacular and Exhibit-PW-13/P14 is its English

translation. Exhibit-PW-13/P15 is the report from DITAC, Mohali, in vernacular, Exhibit-PW-13/P16 is

its English translation, Exhibit-PW-13/P17 is the challan in vernacular and Exhibit-PW-13/P18 is its

English translation. Lastly, Exhibit-PW-13/P19 is the order dated 01.10.2022 framing charges against the

accused.

vii.

PW-13 stated on oath that that SFJ promotes anti-national and separatist ideologies, masterminding

and facilitating unlawful activities, particularly in Punjab and other Sikh-populated regions, to further its goal

of establishing Khalistan. Despite being banned under the Unlawful Activities (Prevention) Act (UAPA)

since 2019, SFJ has continued its operations, violating provisions of the UAPA related to anti-national and

subversive actions that threaten India’s sovereignty and integrity. He stated that without immediate

intervention, SFJ’s activities could lead to a resurgence of militancy and terrorism, particularly in Punjab,

while escalating attempts to carve out Khalistan, destabilizing the legitimate government and posing a grave

threat to India’s unity and security.

36.

PW-14

i.

PW-14 Navneet Singh Mahal, Superintendent of Police (PBI), Rupnagar, Punjab, tendered his

affidavit Exhibit-PW14/A after due authorization by the Competent Authority. He deposed w.r.t. FIR No.

52, dated 13.04.2022, Police Station Rupnagar, under sections 124-A, 153-A, 153-B, 120-B of the IPC and

sections 13, 16 and 18 of the UAPA, referenced as Serial No. 27 in the background note. The contents of

affidavit are stated to be based on record revealed during investigation as well as on his personal knowledge

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[PART II—SEC. 3(ii)]

acquired during the 10 years of service as a Police Officer. The documents annexed to the affidavit are stated

to be true copies of the respective originals and documents have been marked as exhibits during the course

of deposition

FIR No. 52, dated 13.04.2022, Police Station in Rupnagar

ii.

PW-14 testified that on 13.04.2022, at 7:30 AM, the Police Station Rupnagar received information

from the District Police Officer (DPO) of Rupnagar that a banner had been hung from trees by unknown

individuals outside the wall adjacent to the main gate of the District Administrative Complex in Rupnagar.

The banner bore the inscription "Khalistan.". Thereafter, a video was made viral on social-media by the

Representative/Head of Banned Organization "Sikhs for Justice" namely Gurpatwant Singh Pannun in

which he is asserting that:

"Wahe Guru Ji Da Khalsa, Wahe Guru Ji Di Fateh" Million congratulations to entire

Sikh community for "Khalsa Sajna Diwas" and today, representative of Sikh

community by hoisting Khalistani flag on the office of S.S.P. Rup Nagar Police have

conveyed a message to the infantry of Delhi governance Bhagwant Maan that

representative of Rupnagar Supdt. Sikh community for getting the Punjab freed from

Indian occupancy are starting a campaigning with power of Pen and by use of this

weapon in the form of Pen we have to get Punjab freed from Indian occupancy. Let,

Police of Punjab; Teachers of Punjab; or your family members or any resident of

Punjab, every Punjabi person and every Sikh person, is Khalistani. In the time to come,

the campaigning for elections for Khalistan Referendum in Punjab, which is going on,

date for the same shall be conveyed and by that date,Bhagwant Mann and infantry of

Indian governance shall be ruined. "Wahe Guru Ji Da Khalsa, Wahe Guru Ji Di

Fateh".

iii.

He deposed that during the investigation, the disclosure statements of the accused, Harbir Singh @

Raju and Paramjit Singh @ Pamma, were recorded. They revealed that on the intervening night of

12/13.04.2022, they wrote the word "Khalistan" on a cream-colored bed sheet. Paramjit Singh @ Pamma had

purchased a bottle of spray paint from a paint shop near a petrol pump in front of a five-story building located

on Morinda-Chamkaur Sahib Road for Rs. 180/-. Using the spray paint, they wrote "Khalistan" on the bed

sheet, which had been bought by Harbir Singh. The banner, which was a light yellow-colored bed sheet with

the word "Khalistan" written on it, was tied to the trees outside the main wall in front of the main gate of the

District Administration Complex in Rupnagar. The banner was seized and later identified by Pawan Kumar,

the owner of a shop named Bhatti Walia Di Kapde Di Dukan, who confirmed that he had sold the bed sheet

to Harbir Singh. Additionally, based on the disclosure statement of accused Paramjit Singh @ Pamma, a

bottle of spray paint was also recovered and taken into possession through a separate memo. The statements

of witnesses were recorded under Section 161 of the Criminal Procedure Code (Cr.P.C.). After gathering

sufficient material to substantiate the charges, a chargesheet was filed before the learned Court at Rupnagar.

Subsequently, on 05.11.2022, charges were framed against the accused. The matter is currently pending trial.

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129

iv.

PW-14 further proved documents relied in his testimony. Exhibit PW-14/P-1 is a copy of FIR No.

52 dated 13.04.2022, which includes the FIR in vernacular along with its English-translated version. Exhibit

PW-14/P-2 is the set of disclosure statements of accused Harbir Singh @ Raju and Paramjit Singh, provided

in vernacular along with their English translations. Exhibit PW-14/P-3 is the recovery memo of a banner on

a bed sheet, prepared in vernacular with its English-translated copy. Exhibit PW-14/P-4 is the identification

memo of the bed sheet, presented in vernacular along with an English translation. Exhibit PW-14/P-5 is the

recovery memo of a spray paint bottle, submitted in vernacular and accompanied by its English-translated

version. Exhibit PW-14/P-6 is the chargesheet filed in the case, available in vernacular with its English

translation. Exhibit PW-14/P-7 is the copy of the court order dated 05.11.2022, which framed charges

against the accused. Exhibit PW-14/P-8 is a pen drive containing a video uploaded by Gurpatwant Singh

Pannun, along with its transcription, which forms part of the chargesheet.

v.

PW-14 further deposed that the FIR was registered against Gurpatwant Singh Pannun and his

organization SFJ after it had already been banned in 2019. This highlights that despite the ban, Pannun and

other SFJ leaders have continued to engage in clandestine activities aimed at promoting secession and

territorial division. He further stated that if the ban on SFJ is not extended, the organization’s activities cannot

be controlled effectively. Such a failure would likely lead to the resurgence of militancy and terrorism,

particularly in Punjab, but also in other parts of the country. Additionally, it could exacerbate subversive

efforts, including attempts to carve out a separate Khalistan state by separating Punjab from India by

destabilizing the Indian government.

37.

PW-15

i.

PW-15 Migom Doley, Superintendent of Police in the CIB Division of the National Investigation

Agency (NIA) in New Delhi tendered his affidavit Exhibit-PW15/A after due authorization by the

Competent Authority. PW-15 deposed regarding RC No. RC-30/2023/NIA/DLI, registered on 17.11.2023

by the National Investigation Agency under Sections 120B, 153A and 506 of the IPC and Sections 10, 13,

16, 17, 18, 18B and 20 of the Unlawful Activities (Prevention) Act, 1967. The case is mentioned at Serial

No. 8 (cases registered by the National Investigation Agency) in Annexure II to the Reference

Note/Background Note. The contents of affidavit are stated to be based on record revealed during

investigation as well as on his personal knowledge acquired during 09 years of his service as a Police Officer

and 11 months in National Investigation Agency. The documents annexed to the affidavit are stated to be

true copies of the respective originals and documents have been marked as exhibits during the course of

deposition

RC-30/2023/NIA/DLI

ii.

PW-15 testified that the investigation of the RC-30/2023/NIA/DLI reveals a larger conspiracy

involving Gurpatwant Singh Pannun and his associates. On 04.11.2023, Pannun posted a video on social

media, warning members of the Sikh Panth to avoid traveling with Air India after 19th November 2023. He

claimed that there would be a 'global blockade' and that their lives could be in danger, further stating that Air

India would not be allowed to operate globally. The investigation also uncovered incidents from July 2022,

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[PART II—SEC. 3(ii)]

when members of SFJ removed Pandrol clips at around 60 points on a railway line, approximately 400 yards

from the Thermal Power Plant in Khedar, Hisar, Haryana. After the incident, Pannun posted a video claiming

responsibility for the sabotage. He explained that his aides had removed the clips to stop the coal supply and

warned that this act of rail track sabotage was only the beginning of a larger plan to block coal supplies to

various thermal plants across India.

iii.

He deposed that in March 2023, Pannun conspired with SFJ members to remove clips from railway

tracks in two separate incidents: one near Lehra Mohabbat in Bathinda, Punjab and another near Pathrala

Railway Station between Bathinda and Mandi Dabwali. Pannun has been actively inciting SFJ operatives to

sabotage railway tracks in Punjab, aiming to cause derailments and accidents involving both passenger and

goods trains, particularly those carrying migrant laborers. Furthermore, it was revealed that Pannun is urging

his associates to disrupt coal supplies to power plants, potentially causing widespread power outages in Delhi.

iv.

PW-15 further deposed that during the investigation of NIA case No.30/2023/NIA/DLI, it was

revealed that the organization Sikhs for Justice (SFJ) and its leader Gurpatwant Singh Pannun are actively

involved in secessionist activities. Gurpatwant Singh Pannun, who serves as the General Counsel of SFJ, has

been promoting acts of terror and violence for several years. SFJ has been targeting essential transportation

networks, particularly railway lines and tracks, which are vital for the movement of people and goods across

India on a daily basis. Pannun has been orchestrating disruptions to essential services, including damaging

railway tracks to disrupt the movement of crucial supplies, such as coal for thermal power plants. The actions

of Pannun and his associates pose a significant threat to the transportation sector and the country's

infrastructure.

v.

The witness also deposed that during the investigation, various videos and photographs of

Gurpatwant Singh Pannun, the leader of SFJ, were downloaded from open sources like YouTube and Twitter,

with independent witnesses present to validate the evidence. These materials further confirmed that SFJ is

essentially a front organization for terrorist groups, with its leaders closely affiliated with and supporting

such groups.

vi.

He further deposed that the investigation also involved the examination of several witnesses under

Section 161 of the Cr.P.C. The statements revealed that members of SFJ have been recruiting impressionable

Sikh youth through social media platforms, inciting them to engage in illegal activities against the

Government of India. These unlawful activities are being funded through money sent by SFJ's proxies from

abroad.

vii.

PW-15 deposed that in his professional experience, SFJ has consistently called for the establishment

of a sovereign Khalistan within India’s territory. SFJ’s campaign demonstrates a blatant disregard for India’s

constitutional framework, encouraging the Sikh community, particularly the impressionable youth, to support

secessionist ideals. This agenda has led to multiple FIRs against SFJ and its leaders across India. He also

deposed that the investigation revealed that under Gurpatwant Singh Pannun's leadership, Sikhs for Justice

(SFJ), in collaboration with fugitive Khalistani separatists, foreign nations and non-state actors hostile to

India, has been actively promoting a secessionist agenda. Pannun, through public statements, writings and

online videos, has openly declared SFJ's primary objective to be the separation of Punjab from India and the

[भाग II—खण् ड 3(ii)]

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131

establishment of Khalistan, which SFJ seeks to achieve by endorsing unlawful and terror-related activities

within India.

viii.

He further stated that written declarations, proclamations and videos circulated by Pannun on the

internet and social media platforms, accessible in the public domain and referenced in other FIRs submitted

to the Tribunal, explicitly declare that SFJ's sole purpose is the secession of Punjab from India and the

creation of Khalistan. For this objective, SFJ continues to promote and support activities involving illegality

and terrorism within India.

ix.

He further stated that the matter is still under investigation and chargesheet is yet to be filed.PW-15

relied on several documents to support his testimony. Exhibit-PW15/P1 is a true copy of RC-

30/2023/NIA/DLI dated 17.11.2023, along with the Ministry of Home Affairs, CTCR Division order No.

11011/95/2023/NIA dated 17.11.2023. Exhibit-PW15/P2 is a copy of the video posted by Gurpatwant Singh

Pannun on 04.11.2023, contained in a pendrive. Exhibit-PW15/P3 includes videos downloaded from open

sources, also in a pendrive and Exhibit-PW15/P4 contains the transcripts of these videos. Finally, Exhibit-

PW15/P5 (colly) is a true copy of the statements of seven witnesses recorded under Section 161 of the Cr.P.C.

x.

PW-15 further deposed that based on his professional experience, public domain material and records

from relevant FIRs, he concurs with the Ministry of Home Affairs' conclusions regarding Sikhs for Justice

(SFJ) and its patron Gurpatwant Singh Pannun. He confirmed that SFJ and its leaders have actively and

continuously advocated for the secession of Punjab from India, incited separatist groups along religious lines

and sought to destabilize the Government of India. Their actions have targeted India’s territorial integrity,

incited individuals particularly from the Sikh community to undermine constitutional authority and promoted

anti-national sentiments prejudicial to the country’s security. SFJ has led and facilitated a secessionist

movement and unlawful activities in Punjab and other Sikh-populated areas, while supporting militancy and

incitement to violence to further its agenda of creating Khalistan.

xi.

He further deposed that, despite being banned under the UAPA in 2019, SFJ has continued its

unlawful activities through illicit channels, posing a significant threat to India’s internal security, public order

and territorial integrity. He stated that these activities fall under clauses (o) and (p) of sub-section (1) of

Section 2 of the UAPA, 1967, as they involve anti-national and subversive actions aimed at disrupting India’s

sovereignty. SFJ’s ties to militant outfits and support for extremism in Punjab and elsewhere demonstrate its

intention to sever Punjab from India. He also stated on oath that if SFJ’s unlawful activities are not curtailed,

they could lead to the revival of militancy and terrorism in Punjab and other parts of India, escalating efforts

to create Khalistan and destabilizing the government.

38.

PW-16

i.

PW-16 Mr. Nidhin Lal, Superintendent of Police, National Investigation Agency (NIA), tendered

his affidavit Exhibit-PW16/A after due authorization by the Competent Authority. He deposed regarding

RC bearing No. RC-40/2020/NIA/DLI, under Sections 120B, 124A, 153A and 153B of the Indian Penal

Code, as well as Sections 13, 17, 18, 18B and 20 of the Unlawful Activities (Prevention) Act, 1967, registered

by the NIA on 15.12.2020. The case is listed at Serial No. 4 (cases registered by National Investigation

Agency) of Annexure II to the Reference Note/Background Note. The contents of affidavit are stated to be

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[PART II—SEC. 3(ii)]

based on record revealed during investigation as well as on his personal knowledge acquired during service

as a Police Officer for a period of about one year in the National Investigation Agency as well as while

working as an IRS officer for nine years. The documents annexed to the affidavit are stated to be true copies

of the respective originals and documents have been marked as exhibits during the course of deposition.

RC-40/2020/NIA/DLI

ii.

PW-16 testified that the NIA investigation of RC-40/2020/NIA/DLI revealed that ‘Sikhs for Justice’

(SFJ) which is an Unlawful Association under the Unlawful Activities (Prevention) Act, 1967 has been

collaborating with other Khalistani terrorist organizations, including Babbar Khalsa International, Khalistan

Tiger Force and Khalistan Zindabad Force, along with their affiliated front organizations. These groups have

conspired to create an environment of fear and lawlessness, with the aim of causing disaffection among the

people and inciting them to rebel against the Government of India. As part of this conspiracy, significant

funds were being raised abroad to support campaigns and propaganda against the Government of India. These

efforts included staging demonstrations outside Indian Missions in countries such as the USA, UK, Canada

and Germany. The operation was led by SFJ and designated terrorists, including Gurpatwant Singh Pannun,

Paramjit Singh Pamma, Hardeep Singh Nijjar and others. The funds raised were funneled through Non-

Governmental Organizations (NGOs) and directed to pro-Khalistan elements within India. These funds were

then used to incite impressionable youth to carry out terrorist activities, aiming to instill fear among the

people of India.

iii.

He stated that the case is of a serious nature and investigation is still pending. The witness further

relied upon true copy of the MHA Order dated 15.12.2020 along with RC-40/2020/NIA/DLI is Exhibit-

PW16/P1.

iv.

PW-16 deposed that the Sikh for Justice (SFJ), under the leadership of Gurpatwant Singh Pannun,

has consistently called for the creation of a sovereign Khalistan within India’s territory. This campaign

disregards India’s constitutional framework and encourages the Sikh community, especially the youth, to

support separatist ideals, leading to multiple FIRs against SFJ and its leaders. He testified that SFJ, under

Pannun’s leadership, has collaborated with fugitive Khalistani separatists, foreign nations and non-state actors

hostile to India. Pannun has openly declared that SFJ’s primary objective is to secure Punjab’s separation

from India through unlawful and terror-related activities.

v.

The witness drawing from his professional experience as a police officer and his work with the NIA

and IRS, corroborated the Ministry of Home Affairs’ conclusions regarding SFJ. He stated that the

organization has been actively inciting separatist groups and destabilizing the Indian government by

promoting anti-national and separatist sentiments. SFJ is also accused of supporting militancy and violence

on religious lines, with the ultimate goal of creating Khalistan. PW-16 further stated that if SFJ’s unlawful

activities are not curbed, they could lead to a resurgence of militancy and terrorism in Punjab and other parts

of India, further destabilizing the Indian Government and threatening India’s territorial integrity.

39.

PW-17

i.

PW-17 Raghvendra Vashistha, Inspector of Police, I&O Division, National Investigation Agency

(NIA), New Delhi tendered his affidavit Exhibit-PW17/A after due authorization by the Competent

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

133

Authority. He deposed as the Chief Investigating Officer of the RC-02/2019/NIA/DLI, registered under

Sections 120B, 124A, 153A, 153B and 505 of the Indian Penal Code and Sections 13, 17 and 18 of the

Unlawful Activities (Prevention) Act, 1967. This case is listed at Serial No.1 in Annexure II of the

Reference/Background Note. The contents of affidavit are stated to be based on record revealed during

investigation as well as on his personal knowledge acquired during 06 months of service as a Police Officer

serving in the National Investigation Agency and six years of experience as a GST Inspector. The documents

annexed to the affidavit are stated to be true copies of the respective originals and documents have been

marked as exhibits during the course of deposition.

RC-02/2019/NIA/DLI,

ii.

PW-17 testified that on 11th January 2019, the Ministry of Home Affairs (MHA) issued an order (No.

11011/72/2018/NIA) under the powers conferred by Section 6(5) read with Section 8 of the NIA Act, 2008,

directing the National Investigation Agency (NIA) to register a Regular Case and take up the investigation

based on credible information received by the Central Government, indicating the commission of offences

under Sections 120B, 124A, 153A, 153B and 505 of the Indian Penal Code, as well as Sections 13, 17 and 18

of the Unlawful Activities (Prevention) Act, 1967, by members of the Sikhs for Justice (SFJ) organization.

Consequently, on 15th January 2019, the NIA registered the case RC-02/2019/NIA/DLI, under Sections

120B, 124A, 153A, 153B and 505 of the Indian Penal Code and Sections 13, 17 and 18 of Unlawful Activities

(Prevention) Act, 1967. The chargesheet has already been filed against 16 accused individuals, including

Gurpatwant Singh Pannun, all of whom are absconding. Additionally, the accused Hardeep Singh Nijjar has

since passed away.

iii.

He deposed that credible information received by the Central Government indicated that certain

entities and individuals based both in India and abroad, including Sikhs for Justice (SFJ), were involved in a

conspiracy with other terrorist organizations and gangs. These groups had launched a campaign under the

banner of "Punjab Referendum 2020 for Khalistan," seeking to raise funds and engage in secessionist

activities both on the ground and via social media. The aim was to provoke members of the Sikh community

to agitate for the separation of Punjab from the Union of India.

iv.

The witness also deposed that the investigation revealed that SFJ actively encouraged Sikh

communities worldwide to support the creation of Khalistan through campaigns like "Punjab Referendum

2020," thus challenging the sovereignty of India. SFJ entered into a criminal conspiracy with terrorist

organizations and gangs, executing secessionist activities designed to destabilize India. These activities

included violent protests, incitement to terrorism and collaboration with banned terrorist groups. SFJ leaders,

particularly Gurpatwant Singh Pannun, extensively used social media platforms and on-ground campaigns to

spread anti-India rhetoric, incite communal violence and foster disaffection among Sikhs. Their goal was to

radicalize the youth and create unrest, especially in Punjab. SFJ leaders also openly called for mutiny within

India's security forces, urging Sikh soldiers to abandon the Indian Army. Further investigation revealed that

SFJ had solicited support from foreign countries, particularly Pakistan, which was seen as backing the

organization's destabilizing efforts in India. SFJ also sought to gain international legitimacy for its cause by

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[PART II—SEC. 3(ii)]

involving international bodies like the United Nations. To fund its Khalistan campaign, SFJ raised money

internationally using platforms like PayPal.

v.

He further stated on oath that during the course of the investigation, several videos and photographs

of Gurpatwant Singh Pannun, the Chief of Sikhs for Justice (SFJ), were downloaded from open sources such

as YouTube in the presence of independent witnesses for use as evidence. It was found that SFJ functioned

primarily as a front organization for terrorist groups whose leaders were closely affiliated with SFJ. Notably,

Canada-based Hardeep Singh Nijjar of Khalistan Tiger Force and UK-based Paramjeet Singh Pamma of

Babbar Khalsa International were regularly involved in SFJ’s propaganda events in various countries, often

sharing platforms with Gurpatwant Singh Pannun and inciting Sikhs against the Government of India.

vi.

Further investigation revealed that SFJ activists had conspired to radicalize the people of Punjab,

providing funds to support criminal activities and to propagate the "Referendum 2020" movement. Statements

from several witnesses, whose testimonies were recorded, confirmed this narrative. The investigation

highlighted a clear criminal conspiracy, with each accused individual—namely Gurpatwant Singh Pannun,

Avtar Singh Pannun, Gurpreet Singh Baagi, Harpreet Singh @ Rana Singh, Paramjit Singh @ Pamma,

Sarabjit Singh Bannur, Amardeep Singh Purewal @ Amardeep Singh Khalsa, J S Dhaliwal, Kulwant Singh

Mothada, Dupinderjit Singh @ Dupinder, Hardeep Singh Nijjar, Kulwant Singh @ Kanta @ Mann Singh

Khalsa, Harjaap Singh @ Japhi Singh, Sarabjit Singh @ Sabi Singh, Jatinder Singh Grewal and S Himmat

Singh Singh—being actively involved in tweeting, re-tweeting, hash tagging and posting videos, tweets,

comments and audio messages across various social media platforms to gain traction for their cause.

Additionally, these individuals were frequently present at rallies, agitations, protests and demonstrations,

where they made speeches promoting the cause of Khalistan through the "Referendum 2020" campaign.

vii.

PW-17 further deposed that the investigation revealed that SFJ and Gurpatwant Singh Pannun, along

with all the other accused, have been actively inciting the Sikh youth of Punjab and disrespecting the Indian

National Flag through various speeches, texts, posts and videos. On 9th January 2019, Gurpatwant Singh

Pannun tweeted: “Hindus from UP Bihar are asked to go back. Only Sikhs, Hindus, Muslims and Christians

living in Punjab since 1900 will be eligible to vote in #SikhReferendum2020.” Furthermore, Avtar Singh

Pannun was recorded using abusive language against the Indian Tricolor and even burning the flag in a video,

an act intended to stir disaffection among communities and spread terror.

viii.

Elaborating further, the witness deposed that in another instance, Gurpatwant Singh Pannun was seen

in a video burning the Indian Tricolor, accusing the flag of being responsible for the genocide of Sikhs. A

subsequent video showed the burnt remains of the Indian National Flag being sent to the Indian High

Commission in Canada. Additionally, a video clip displayed photographs of Kashmiri militants, who were

referred to as "freedom fighters." Through this video, SFJ urged both Kashmiri militants and Sikh soldiers to

support voter registration for the "Referendum 2020." Another video featured SFJ activists, including Sabi

Singh, Sarabjit Singh Banur and Sukhwinder Singh Thana, with five other individuals, three of whom were

standing on top of the Indian National Flag. In this video, Sabi Singh claimed that the Indian Tricolor was

responsible for the rape of Sikh women and the deaths of countless Sikh youth, urging all Sikhs to burn the

flag and support the "Referendum 2020" campaign for Khalistan. In his testimony, PW-17 relied upon several

[भाग II—खण् ड 3(ii)]

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135

documents. Exhibit-PW17/P-1 is the true copy of FIR No. 02/2019/NIA/DLI along with MHA Order No.

11011/72/2018/NIA. Exhibit-PW17/P-2 is a copy of the videos downloaded from open sources, contained

in a single pen drive. Exhibit-PW17/P-3 (Colly) is the true copy of the statements of 25 witnesses recorded

under Section 161 Cr.P.C. Exhibit-PW17/P-4 is the true copy of the videos recovered on 23.01.2019.

Exhibit-PW17/P-5 is the true copy of the recovery memo dated 23.01.2019. Exhibit-PW17/P-6 is the true

copy of the scrutiny report for the video recovered on 23.01.2019. Exhibit-PW17/P-7 is the true copy of the

videos recovered on 13.08.2020. Exhibit-PW17/P-8 is the true copy of the recovery memo dated 13.08.2020.

Exhibit-PW17/P-9 is the true copy of the scrutiny report for the data recovered on 13.08.2020.

ix.

PW-17 further deposed that a chargesheet was filed on 9th December 2020 before the NIA Special

Court, New Delhi, in RC-02/2019/NIA/DLI. The chargesheet named 16 accused persons, including the

designated terrorist Gurpatwant Singh Pannun, who is the Head of the SFJ. The accused listed in the

chargesheet are: Gurpatwant Singh Pannun, Avtar Singh Pannun, Gurpreet Singh Baagi, Harpreet Singh @

Rana Singh, Paramjit Singh @ Pamma, Sarabjit Singh Bannur, Amardeep Singh Purewal @ Amardeep Singh

Khalsa, J S Dhaliwal, Kulwant Singh Mothada, Dupinderjit Singh @ Dupinder, Hardeep Singh Nijjar,

Kulwant Singh @ Kanta @ Mann Singh Khalsa, Harjaap Singh @ Japhi Singh, Sarabjit Singh @ Sabi Singh,

Jatinder Singh Grewal and S Himmat Singh. The charges were framed under various sections of the Indian

Penal Code, the Unlawful Activities (Prevention) Act, 1967 and the Prevention of Insults to National Honour

Act, 1971. True Copy of the Chargesheet dated 09.12.2020 is Exhibit-PW17/P-10.

x.

He further deposed that since all 16 accused individuals are absconding, non-bailable warrants

(NBWs) were issued by the concerned Court of Additional Sessions Judge, New Delhi District, Patiala House

Court, New Delhi on 17th March 2021. The NIA team visited the respective addresses of 14 accused persons

to execute the NBWs; however, none of the accused were found at their addresses. Additionally, two of the

accused, namely Amardeep Singh Purewal @ Amardeep Singh Khalsa and Jatinder Singh Grewal, did not

have residential addresses in India. As a result, the NBWs could not be executed against the 16 accused in the

present case. On 8th September 2021, the concerned NIA Special Court, New Delhi District, Patiala House

Court, New Delhi, issued a Proclamation under Section 82 of the Criminal Procedure Code (Cr.P.C.).

However, due to an inadvertent error in reflecting the relevant offences, a fresh proclamation under Section

82 Cr.P.C. was issued on 22nd January 2022. Copy of the NBWs issued against the accused are Exhibit-

PW17/P-11 (colly). True copy of Proclamation u/s 82 Cr.P.C. dated 08.09.2021 against the respective

accused is collectively Exhibit-PW17/P-12. A true copy of the Proclamation dated 22nd January 2022

against the respective accused is collectively Exhibit-PW17/P-13. Subsequently, separate orders were issued

under Section 83 Cr.P.C. for attaching the properties of accused individuals, namely Hardeep Singh Nijjar,

Kulwant Singh Mothada, Avtar Singh Pannun, Sarabjit Singh Bannur and Gurpreet Singh Baagi.

Additionally, an order under Section 83 Cr.P.C. was also passed for attaching the property of Gurpatwant

Singh Pannun. Copy of orders under Section 83 Cr.P.C. is collectively Exhibit-PW17/P-14. Copy of the

execution reports attaching the properties of the accused, namely, Gurpatwant Singh Pannun, Hardeep Singh

Nijjar, Kulwant Singh Mothada, Avtar Singh Pannun, Sarabjit Singh Bannur and Gurpreet Singh Baagi is

collectively Exhibit-PW17/PW-15. Copy of the intimation dated 13.01.2021 sent by the MHA to the Joint

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[PART II—SEC. 3(ii)]

Secretary CTCR North Block, MHA, New Delhi regarding the attachment of immovable property under

Section 51A UAPA in the present RC is Exhibit-PW17/PW-16.

xi.

PW-17 testified that based on his knowledge acquired during the course of his service as a Police

Officer, corroborated by material available in the public domain and on social media, as well as the

information derived from the records of the FIR mentioned above, he fully concurs with the conclusions

drawn by the Ministry of Home Affairs and the Central Government. He deposed further that he firmly agreed

that Sikhs for Justice (SFJ) is involved in anti-national and subversive activities, particularly in Punjab and

other regions, with the intent to disrupt the sovereignty and territorial integrity of India.

40.

PW-18

i.

PW-18 Ms. Preetinder Kaur Virk, Deputy Superintendent of Police, National Investigation Agency

(NIA), Branch Office, Chandigarh, tendered her affidavit Exhibit-PW-18/A, after due authorization by the

Competent Authority. She deposed that she is the Chief Investigating Officer of RC-19/2020/NIA/DLI dated

05.04.2020, registered at the National Investigation Agency, Branch Office, Chandigarh, mentioned at Serial

No. 2 (cases registered by NIA) of the Background Note. The contents of the affidavit are stated to be based

on the record revealed during the investigation and on her personal knowledge acquired during six years of

government service since November 2017. The documents annexed to the affidavit were verified as true

copies of the respective originals and were marked as exhibits during the deposition.

RC-19/2020/NIA/DLI registered at NIA Office, New Delhi

ii.

PW-18 deposed that RC-19/2020/NIA/DLI dated 05.04.2020 registered at NIA Office, New Delhi

pertains to propagation of secessionist ‘Khalistan Referendum 2020’ movement by affixing posters and

banners of ‘Khalistan Zindabad and Referendum 2020’, procurement of weapons, setting fire to business

installations, efforts for arms training in Pakistan and acts of violence in Punjab and various other parts of

India. She further stated that on 19.10.2018, Amritsar Police apprehended Sukhraj Singh @ Raju and Malkeet

Singh @ Meetu on the spot i.e. KotMit Singh flyover, Amritsar while they were hanging ‘KHALISTAN

ZINDABAD’ and ‘KHALISTAN REFERENDUM 2020’ cloth banners at Pillars of KotMit Singh flyover,

Amritsar and a case was registered at Police station Sultanwind, Amritsar (City) vide FIR No.152 dated

19.10.2018 U/s 124A, 153-A, 153-B and 120-B of Indian Penal Code against both the arrested accused and

others. Copy of the FIR No. 152 dated 19.10.2018 of PS Sultanwind, Amritsar, with English translation is

Exhibit PW-18/P1.

iii.

She further deposed that during investigation, other accused namely Bikramjit Singh @ Vicky,

Manjeet Singh @ Manjit Singh @ Manga, Jatinder Singh @ Goldy, Harpreet Singh @ Happy, Gurwinder

Singh @ Gurpreet Gopi, Harmeet Singh @ Raju, Roofel @ Rufal @ Rahul Gill, Sukhmander Singh @ Gopi

and Kuldeep Singh @ Kuldip Singh @ Keepa were arrested by Punjab Police. Investigation established that

they received funds from abroad sent by members of ‘Sikhs for Justice’ and the same were used for furthering

terror activities and other preparatory acts i.e. attempts to procure weapons for terror activities in India and

to get arms training in Pakistan.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

137

iv.

Thereafter, pursuant to the investigation carried out by the Punjab Police, a Charge Sheet under

Sections 117, 112, 124-A, 153-A, 153-B, 120-B of IPC, Section 17, 18, 19 of UA(P) Act and Section 25 of

Arms Act was initially filed. The same was followed by first Supplementary chargesheet dated 03.07.2019

under Sections 117, 122, 124-A, 153-A, 153-B, 120-B of IPC, Section 17, 18, 19 of UA(P) Act and Section

25 of Arms Act; Second Supplementary chargesheet dated 17.08.2019 under Sections 117, 122, 124-A, 153-

A, 153-B, 120-B of IPC, Section 17, 18, 19 of UA(P) Act and Section 25 of Arms Act. The said chargesheets

were filed before the concerned District Court, Amritsar in FIR No.152 dated 19.10.2018 against eleven

accused. Copy of the Charge Sheet dated 28.03.2019 is Exhibit PW-18/P2. The first Supplementary Charge

sheet dated 03.07.2019 is Exhibit PW-18/P3. The second Supplementary Charge sheet dated 17.08.2019 is

Exhibit PW-18/P4. The exhibits are accompanied with English translations.

v.

She further testified that on 05.04.2020, NIA registered a case being RC-19/2020/NIA/DLI under

Sections 120B, 124A, 153A and 153B of the Indian Penal Code and Sections 17, 18 and 19 of the Unlawful

Activities (Prevention) Act, 1967. NIA further arrested Pargat Singh on 22.06.2020 for his role in the instant

case. The Copy of the RC-19/2020/NIA/DLI along with MHA order No.11011/30/2020/NIA is Exhibit PW-

18/P5. Copy of the arrest memo of Pargat Singh dated 22.06.2020 is Exhibit PW-18/P6.

vi.

She deposed that during the course of investigation, various videos and photographs of Gurpatwant

Singh Pannun, Chief of SFJ were downloaded from open source i.e. YouTube etc. in presence of independent

witnesses for the purpose of evidence and it has been noticed that the SFJ is nothing more than a front

organization for the terrorist groups whose leaders are affiliated and closely associated with the SFJ. Canada-

based Hardeep Singh Nijjar of Khalistan Tiger Force and UK-based Paramjeet Singh Pamma of Babbar

Khalsa International were closely associated with SFJ’s propaganda events in different countries and

routinely shared a forum with Gurpatwant Singh Pannun inciting the Sikhs against the Government of India.

Copy of the Recovery Memo of the downloaded YouTube videos including screenshots is Exhibit PW-

18/P7.

vii.

PW-18 stated that investigation revealed that the twelve arrested accused of the instant case

voluntarily became members of the terrorist gang formed by Nihal Singh @ Fateh Singh, proxy of Gurpatwant

Singh Pannun for the propagation of secessionist movement "Punjab Referendum 2020" of pro-Khalistan

association “Sikhs for Justice” (SFJ). Gurpatwant Singh Pannun and others, used Facebook Pages e.g. Sada

Punjab, Khalistan Zindabad and many YouTube channels containing Khalistan propaganda material to

recruit Sikh youths, particularly of Punjab State, to further use them to carry out unlawful acts in different

parts of Punjab and Delhi, to threaten the unity, integrity and security of India by way of pasting posters of

“Referendum 2020” in different parts of Punjab, damaging property (liquor shops) and target people of other

communities in the name of revenge for sacrilege of Guru Granth Sahib. Disclosure statements of the arrested

accused have revealed about their recruitment by SFJ’s members via Facebook, further attempts at

recruitment of other Sikh youths for unlawful activities. A copy of the disclosure statements of the accused

is collectively Exhibit PW-18/P8.

viii.

She further testified that the the arrested accused disclosed that they were in direct contact with Nihal

Singh @ Fatih Singh, proxy of Gurpatwant Singh Pannun and were propagating/storing secessionist Khalistan

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[PART II—SEC. 3(ii)]

content on their mobile phones. They were setting fire to liquor shops, pasting posters of Khalistan at public

places in India and sharing photographs/videos from their mobile phones to their foreign handlers. Two

accused were arrested with cloth banners of Khalistan slogans and one accused was in possession of a pistol.

Copy of seizure memos of mobile phones, cloth banners and pistol pertaining to the accused along with

English translation thereof, is collectively Exhibit PW-18/P9.

ix.

Further, scrutiny of the extracted data of the seized mobile phones of the arrested accused revealed

their association with each other as well as many foreign handlers and their conspiratorial activities. Accused

Manjit Singh’s mobile data revealed that he was acting as an admin of a WhatsApp group namely “Khalistan

Referendum 2020” and circulating radicalized contents on social media. Accused Harmeet Singh @ Raju’s

extracted data revealed details of money received in lieu of SFJ’s activities in the form of text

messages/receipts. Accused Roofel @ Rahul Gill, from whom a pistol was seized, had pictures/videos of

weapons and gangsters, manifesting his violent sentiments, while extracted data of accused Sukhmander

Singh’s mobile phone revealed chats with other local gangsters. Copy of scrutiny report of the extracted data

from mobile phones is Exhibit PW-18/P10.

x.

She stated that the investigation revealed that the accused in the instant case performed different

tasks assigned to them in lieu of funds sent by SFJ proxies from foreign countries such as South Africa, UAE,

Australia etc. Accused Sukhraj Singh, Manjit Singh, Harmeet Singh, Kuldeep Singh and Pargat Singh

received funds from various entities through non-banking modes i.e. MTSS (Money Transfer Service

Scheme) channels and even into their bank accounts. In some instances, the accused received money sent by

Pakistan Nationals from UAE through Indian Nationals based in UAE. Copies of payments received in bank

accounts and through MTSS channels, along with Section 65B certificates are collectivelyExhibit PW-

18/P11.

xi.

She deposed that it was revealed during the course of investigation that accused Manjit Singh @

Manga, Bikramjeet Singh @ Vicky, Gurwinder Singh @ Gopi and Harpreet Singh @ Happy were making

attempts to procure weapons for targeting other communities in the name of avenging the sacrilege of Guru

Granth Sahib. For this purpose, accused Bikramjeet Singh @ Vicky, Gurwinder Singh @ Gopi and Harpreet

Singh @ Happy visited Srinagar, Jammu & Kashmir in the year 2018 and made concerted efforts to procure

a pistol. Call data records and tower locations of the accused reflect their locations in Srinagar during said

visit. Moreover, accused Bikramjeet Singh @ Vicky and Kuldeep Singh visited different cities in Punjab to

paste secessionist banners of Khalistan slogans. Their common locations were verified by their tower

locations and copies of technical reports are collectively Exhibit PW-18/P12.

xii.

She stated that perusal of statements of several witnesses recorded under section 161 and 164 of the

Cr.P.C. reveals that members of SFJ have been recruiting Sikh youths through social media and instigating

them to carry out illegal activities against the Government of India. Statements also reveal attempts by the

arrested accused for further recruitment in their gang and seeking assistance for carrying out unlawful tasks

assigned by the foreign handlers. The statements of the protected witnesses (in terms of Section 44 of the

UAPA) code named as X-1, X-2, X-3, X-4, X-5, X-6, X-7, X-8 and X-12 for the perusal of this Tribunal are

Exhibit PW-18/P13 contained in a sealed cover. The documents referred as Exhibit PW-18/P13 along

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

139

with other two set of documents which are subsequently exhibited as Exhibit PW-18/P14 & Exhibit PW-

18/P18 were taken out from the sealed cover and after perusal were directed to be re-sealed by the Registrar

with the seal of the Tribunal).

xiii.

PW-18 also deposed that during investigation, supporters of SFJ have attempted to threaten NIA

officials engaged in the investigation, via twitter handles. SFJ operatives Jaspreet Singh (twitter handle

@jassingh199) and Mahajeet Singh (twitter handle @mahajeetsingh02) posted one tweet on the social media

platform Twitter with content “GO BACK TO YOUR FAMILIES SAVE YOURSELF”. When the IP

addresses were resolved, they were found to have originated in Pakistan. The cyber tracking report of these

twitter handles is Exhibit PW-18/P14 (in sealed cover).

xiv.

She deposed that further, in response to the investigation being done in the instant case, Gurpatwant

Singh Pannun released a letter dated 25.06.2019 written by him to Mr. Michael Pompeo, the then US

Secretary of State, with the subject “Report on Torture of Khalistan Referendum 2020 campaigners and

criminalization of pro-Khalistan political opinion by Government of India”. In this letter, Pannun admitted

that arrested accused Sukhraj Singh, Malkeet Singh, Bikramjeet Singh, Manjit Singh, Gurwinder Singh,

Harpreet Singh and Kuldeep Singh were SFJ’s campaigners in India. Copy of the letter is Exhibit PW-

18/P15.

xv.

She testified that pursuant to the investigation carried out by the NIA, third Supplementary Charge

Sheet dated 18.12.2020 was filed before NIA Special Court, S.A.S. Nagar (Mohali) in RC-19/2020/NIA/DLI

against 10 accused, including designated terrorist Gurpatwant Singh Pannun, who is the Head of SFJ and is

an absconder.. Copy of the third Supplementary Charge Sheet dated 18.12.2020 is Exhibit PW-18/P16.

xvi.

She further stated that based on the evidence that came on record, 4th Supplementary Charge-Sheet

was filed on 10.04.2023 regarding the funds received by arrested accused in lieu of carrying out SFJ’s

activities in India from two Pakistan Nationals. The evidence strengthened the fact that SFJ has active linkages

in Pakistan and together they have forged a nexus to undermine the territorial integrity and sovereignty of

India. The Pak nationals transferred the funds through UAE-based Indian nationals, whose statements have

been recorded, along with certificate u/s 65-B Evidence Act and Section 2A Bankers Book Evidence Act with

respect to the funds received by accused Manjit Singh from abroad in his bank account. A Copy of the 4th

Supplementary Charge sheet dated 10.04.2023 is Exhibit PW-18/P17. A copy of the protected statements

recorded u/s 161 Cr.P.C. of two Indian Nationals X-15 and X-16, along with transaction details, is collectively

Exhibit PW-18/P18 (in a sealed cover).

xvii.

She deposed that the charge has been framed against twelve accused for commission of offences

under Sections 120B, 117, 124-A, 436 of the Indian Penal Code, Section 25 of the Arms Act and Sections

13, 16, 17, 18, 19, 20 of the Unlawful Activities (Prevention) Act, 1967 on 09.12.2021. Copy of Charge dated

09.12.2021 framed by Ld. Special Judge, NIA, S.A.S. Nagar (Mohali) is Exhibit PW-18/P19. Property

Confiscating Order dated 14.09.2023 by Special Judge, NIA, Punjab passed in RC No.19/2020 whereby the

properties in the name of Gurpatwant Singh Pannun were directed to be confiscated was also produced and

is Exhibit PW-18/P20. The trial qua 12 accused (11 in judicial custody and 01 on bail) is stated to be still

underway.

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[PART II—SEC. 3(ii)]

xviii.

PW-18 deposed that the aforesaid RC has been registered against Gurpatwant Singh Pannun and his

organization SFJ after it was already banned. This shows that Gurpatwant Singh Pannun and other leaders of

SFJ even after ban was extended by Ministry of Home Affairs vide notification dated 08.07.2024 are

continuously indulging in cession and secessionist activities in a clandestine manner and as such she was of

the view that if the ban is not extended and if SFJ’s unlawful activities are not curbed and controlled

immediately, it will resurrect and revive militancy and terrorism in the State of Punjab in particular and other

parts of the country. It will also escalate its subversive activities including attempts to carve out Khalistan

Nation by separating territory of Punjab from the territory of Union of India by destabilising the Government

established by law.

41.

PW-19

i.

PW-19 Simranjit Singh Lang (P.P.S.), Deputy Superintendent of Police, State Cyber Division,

Punjab, tendered his affidavit Exhibit PW-19/A, after due authorization by the Competent Authority. He

deposed as the Supervisory Officer of FIR No. 12/2020, FIR No. 34/2021, FIR No. 24/2022, and FIR No.

27/2022, mentioned at Serial Nos. 17, 23, 28, and 30 of the background note. He also clarified that the Police

Station concerned with FIR No. 12/2020 at Serial No. 17 in the background note is reflected as PS: SSOC

Mohali (State Special Operation Cell), which should correctly read as PS: Punjab State Cyber Crime.

Similarly, the Police Station concerned with FIR No. 34/2021 at Serial No. 23 in the background note is

reflected as PS: SSOC Mohali, which should also correctly read as PS: Punjab State Cyber Crime. The

contents of the affidavit are based on the records revealed during the investigation and on his personal

knowledge acquired during eight years of service as a police officer since 2016. The documents annexed to

the affidavit were verified as true copies of the respective originals and were marked as exhibits during the

deposition.

FIR No. 12/2020, PS: Punjab State Cyber Crime, SAS Nagar, Punjab

ii.

PW-19 deposed that FIR No. 12/2020 dated 12.04.2020 under sections 10 and 13 UAPA, Section 49

of Punjab Police Act, 2007 and Section 120-B , 134A IPC was registered at PS: Punjab State Cyber Crime,

SAS Nagar, Punjab on receiving a secret information from a source that Gurpatwant Singh Pannun of Sikhs

for Justice (SFJ), New York, USA is actively pursuing his secessionist and anti national agenda through social

media in difficult times of global COVID-19 pandemic. His activities are also exploiting the social media to

create the disaffection amongst the Punjab Police Force. The case was registered against Gurpatwant Singh

Pannun.

iii.

He further deposed that during investigation, the concerned videos were downloaded on a CD make

Writex from social media and taken into possession on 23.10.2024. He also stated that procedure of the

Mutual Legal Assistance Treaty (“MLAT”) was initiated between India and USA with reference to the

concerned facebook accounts.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

141

iv.

The case is stated to be still under investigation with chargesheet to be presented after receiving the

information through the process of MLAT. True copy of the FIR is Exhibit PW-19/P1; True typed copy of

the seizure memo of CD make Writex is Exhibit PW-19/P2; True copy of the URL of the concerned

Facebook account used for dissemination of the messages in FIR No.12 of 2020 is Exhibit PW-19/P3; True

copy of the screenshots of concerned Facebook account is Exhibit PW-19/P4 and True copy of video clipping

(in a CD) along with its transcript is Exhibit PW-19/P5.

FIR No. 34/2021 ,PS: Punjab State Cyber Crime, SAS Nagar, Punjab

v.

PW-19 testified that in FIR No. 34/2021 dated 30.08.2021 under Section 10 , 13 UAPA , Section

124A, 153 and 153-A IPC registered at PS: Punjab State Cyber Crime, SAS Nagar, Punjab, an information

was received through social media that Gurpatwant Singh Pannun, General Counsel of Sikhs for Justice (SFJ),

New York, USA posted a video on his Facebook page namely “Khalistan Zindabaad Faridkot” in which he

was promoting the violent action and assassination of Captain Amarinder Singh, CM Punjab. He stated that

in the said video clip, Gurpatwant Singh Pannun is shown targeting the poster of Captain Amarinder Singh,

the then CM of Punjab withbullets.

vi.

He further testified that during investigation, the concerned videos were downloaded on a CD make

Writex from social media and taken into possession on 22.10.2024. Further, procedure of the Mutual Legal

Assistance Treaty (“MLAT”) was initiated between India and USA with reference to the concerned facebook

accounts. The case is stated to be still under investigation and chargesheet to be presented after receiving the

information through the process of MLAT. True Copy of FIR is Exhibit PW-19/P6;True typed copy of the

seizure memo of CD make Writex is Exhibit PW-19/P7; True copy of the URL of the concerned Facebook

account and Website used for dissemination of the messages in FIR No. 34 of 2021 is Exhibit PW-19/P8;

True copy of the screenshots of concerned Facebook account and website in FIR No. 34 of 2021 is Exhibit

PW-19/P9 and true copy of video clipping (on a CD) along with its transcript is Exhibit PW-19/P10.

FIR No.24/2022 ,PS: Punjab State Cyber Crime, SAS Nagar, Punjab

vii.

PW-19 deposed that FIR No.24/2022 dated 02.05.2022 under Sections 124-A, 153, 153-A, 153B,

505(1), 506, 120-B IPC and Section 10,13 UAPA was registered at PS: Punjab State Cyber Crime, SAS

Nagar, Punjab on the basis of report of Inspector Vikas Abrol, Incharge of Social Media Monitoring Cell. He

stated that the FIR stands registered against Gurpatwant Singh Pannun, General Counsel of Sikhs for Justice

(SFJ), New York, USA since a video was posted on a YouTube channel named ‘US MEDIA

INTERNATIONAL’ by Sikhs for Justice (SFJ). In the said video, Gurpatwant Singh Pannun, General

Counsel of SFJ has been found promoting violent action against government of Punjab and also against the

children of police personnel. Further, during investigation, the concerned video was downloaded on a CD

make ‘hp’ from social media and taken into possession on 22.10.2024.

viii.

The case is stated to be still under investigation and chargesheet is yet to be presented. True copy of

FIR is Exhibit PW-19/P11;True typed copy of seizure memo of CD make HP wherein the video was

downloaded from social media and prepared is Exhibit PW-19/P12;True copy of the URL of the concerned

Facebook account and Website used for dissemination of the messages in FIR No.24 of 2022 is Exhibit PW-

19/P13and True copy of video clipping (on a CD) along with its transcript is Exhibit PW-19/P14.

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FIR No. 27/2022 ,PS: State Cyber Crime, SAS Nagar (SAS Nagar (Mohali)), SAS Nagar, Punjab

ix.

PW-19 deposed that FIR No. 27/2022 dated 04.06.2022 under sections !31, 132, 135, 153, 153A,

153B, 505(1) and 506 IPC was registered at PS: State Cyber Crime, SAS Nagar (SAS Nagar (Mohali)), SAS

Nagar, Punjab on the basis of a report by Inspector Vikas Abrol, Incharge, Social Media Monitoring Cell that

Gurpatwant Singh Pannun, General Counsel of Sikhs for Justice (SFJ), New York, USA gave a call to the

Sikh soldiers through social media to stop defending Indian Borders and to gather at Sri Akal Takht Sahib to

join “Khalistan Referendum”.

x.

He further deposed that during investigation, alleged content was preserved through X1 Social

Discovery Tool and procedure of MLAT has been initiated between India and USA about the concerned

Facebook accounts and the chargesheet will be presented after receiving the information through MLAT.

True copy of FIR is Exhibit PW-19/P15;True copy of the URL of the concerned YouTube account and

Website used for dissemination of the messages in FIR No. 27 of 2022 is Exhibit PW-19/P16;True copy of

the screenshots of concerned YouTube channel in FIR No. 12 of 2020 is Exhibit PW-19/P17and True copy

of video clipping (on a CD) along with its transcript is Exhibit PW-19/P18.

xi.

Witness deposed that the aforesaid FIRs have been registered against Gurpatwant Singh Pannun and

his organization SFJ after it was already banned This shows that Gurpatwant Singh Pannun and other leaders

of SFJ even after ban was imposed by Ministry of Home Affairs, are continuously indulging in cession and

secessionist activities in a clandestine manner and as such he was of the view that if the ban is not extended

and if SFJ’s unlawful activities are not curbed and controlled immediately, it will resurrect and revive

militancy and terrorism in the State of Punjab in particular and other parts of the country. It will also escalate

its subversive activities including attempts to carve out Khalistan Nation by separating territory of Punjab

from the territory of Union of India by destabilising the Government established by law.

42.

PW-20

i.

PW-20 Sourabh Bhardwaj, Deputy Superintendent of Police, National Investigation Agency (NIA),

New Delhi, tendered his affidavit Exhibit-PW-20/A, after due authorization by the Competent Authority. He

deposed that he is the Chief Investigating Officer of RCs bearing No. RC-30/2020/NIA/DLI, RC-

35/2021/NIA/DLI, and RC-22/2022/NIA/DLI, mentioned at Serial Nos. 3, 6, and 7, respectively, of Annexure

II to the Reference/Background Note. The contents of the affidavit are stated to be based on records revealed

during the investigation and on his personal knowledge acquired during 8 years of service as a Police Officer

since December 2016.The documents annexed to the affidavit were stated to be true copies of the respective

originals and have been marked as exhibits during the course of deposition.

RC-30/2020/NIA/DLI

ii.

PW-20 deposedthat on 4th September 2020, the Ministry of Home Affairs (MHA) issued an order

under F.No.11011/57/2020/NIA, authorizing the National Investigation Agency (NIA) to take over the

investigation of an incident that occurred on 14th August 2020 at the Deputy Commissioner Office in Moga,

Punjab. He further deposedthat on 14th August 2020, two miscreants entered the Administrative Complex at

the DC Office in Moga around 08:00 hrs. They went to the top floor of the building, where they hoisted a

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saffron/yellowish flag with "KHALISTAN" written on it, fixing it to an iron pole. After a few minutes, they

descended to the ground floor, approached the Indian National Flag hoisted on the premises, and cut the rope

holding it. As a result, the Indian National Flag fell, and the miscreants dragged it through the rope towards

the outer gate of the complex. The Punjab Police registered FIR No. 0136/2020 at Police Station City Moga,

under Sections 121,121-A,124-A, 153-A, 153-B IPC and Section 2 of Prevention of Insults to National

Honours Act, 1971 at Police Station: City Moga, Punjab. Sections 109, 115, 212 of IPC, Sections 10, 11 &13

of the Unlawful Activities (Prevention) Act, 1967 and Section 66F of IT Act were added subsequently by the

Punjab Police.

iii.

He deposed that on 5th September 2020, the NIA re-registered the case as RC-30/2020/NIA/DLI

under Sections 121, 121A, 124A, 153A, and 153B of the Indian Penal Code, along with Section 2 of the

Prevention of Insults to National Honours Act, 1972. The case was registered against the following accused

individuals: Gurpatwant Singh Pannu, son of Mohinder Singh, residing at House No. 2033, Sector 15-C,

Chandigarh, currently living in the United States of America; Jaspal Singh, son of Chamkor Singh, a resident

of Village Roli, District Moga, Punjab; Inderjeet Singh, son of Jugraj Singh, a resident of Village Roli, District

Moga, Punjab; Aakashdeep, son of Charat Singh, a resident of Village Sadhuwala, District Ferozpur, Punjab.

Copy of RC-30/2020/NIA/DLI dated 05.09.2020 along with MHA order F.No. 11011/57/2020/NIA and FIR

No.0136/2020 Police Station City Moga, Punjab, are collectively Exhibit PW-20/P1.

iv.

He testified that the investigation revealed that the accused had conspired to wage war against the

Government of India, collaborating with the leaders and cadres of Sikhs for Justice (SFJ). The conspiracy

involved circulating a recorded video of the incident across various social media platforms. The accused were

found to be inciting youth, particularly radical Sikhs, to hoist the Khalistan flag and share the video with the

intent to provoke disaffection towards the Government of India and encourage actions detrimental to

maintaining harmony between different religious communities.

v.

Further investigation uncovered that 'Sikhs for Justice' (SFJ), a Sikh Jathebandi founded in 2007, was

actively working towards establishing an independent Khalistan through the 'Khalistan Referendum 2020'.

SFJ advocates for the secession of Punjab from India using both violent and non-violent means. This US-

based secessionist group is led by Gurpatwant Singh Pannun and has numerous other active members. The

Government of India declared SFJ an unlawful and proscribed organization on 10th July 2019 and

Additionally, on 1st July 2020, the Union of India declared Gurpatwant Singh Pannun an "individual

terrorist" under the UA(P) Act for promoting secessionism and allegedly encouraging Punjabi Sikh youths

to take up arms.

vi.

Witness further deposed that following the investigation conducted by the NIA, Charge Sheet was

filed before the concerned NIA Special Court in Mohali, Punjab, against six accused including Gurpatwant

Singh Pannun, the leader of the unlawful association ‘Sikhs for Justice,’ and Rana Singh @ Harpreet Singh,

a member of Sikhs for Justice , as absconders and also included other arrested accused who were members

of Sikhs for Justice, namely Inderjit Singh @ Inderjeet Singh @ Inderjit Singh Gill, Jaspal Singh @ Ampa,

Akashdeep Singh @ Munna, and Jagwinder Singh @ Jagga, who were involved in hoisting the Khalistan flag

at the Deputy Commissioner Office in Moga and insulting the National Flag. He further stated that the case

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[PART II—SEC. 3(ii)]

continued to be investigated under Section 173(8) of the Cr.P.C. Copy of the Charge Sheet is Exhibit PW-

20/P2.

vii.

He deposed that during the course of the investigation, it was revealed that Gurpatwant Singh @

Pannun and Rana Singh @ Harpreet Singh, both members of Sikhs for Justice (SFJ), played a key role in the

flag hoisting incident at the Deputy Commissioner Office in Moga, along with other arrested individuals.

Several premises belonging to the accused and their associates were searched, and incriminating documents

were seized. Additional related documents and materials were also seized during the investigation process.

The incriminating material that had been initially seized by the Punjab Police was handed over to the NIA

during the transfer of the case. Copy of the seizure list and production/seizure memo is collectively Exhibit

PW-20/P3.

viii.

Further, the investigation revealed that Gurpatwant Singh Pannun and Harpreet Singh @ Rana Singh,

both members of the unlawful association Sikhs for Justice (SFJ), were propagating the ideology of secession

from India with the objective of establishing an independent Khalistan through "Khalistan Referendum 2020."

They actively promoted this ideology through various media platforms, including SFJ and the US Media

International Channel. They encouraged youth to join SFJ by participating in the referendum and further

propagate the secessionist agenda.

ix.

He testified that the investigation uncovered that Gurpatwant Singh Pannun and Harpreeet Singh @

Rana Singh had conspired with Inderjit Singh, Jaspal Singh, Akashdeep Singh, and Jagwinder Singh—to

hoist the Khalistani flag at government buildings and dishonor the Indian National Flag. As a result, the

Khalistani flag was hoisted at the DC Office Complex in Moga, Punjab, and the Indian National Flag was

torn down.

x.

He further deposed that it was revealed that Jagwinder Singh was radicalized by a video on social

media wherein accused Gurpatwant Singh Pannun announced to the people of Punjab and Haryana, that

Haryana was a part of Punjab and after Khalistan, Haryana will become a part of Khalistan. Further,

Gurpatwant Singh Pannun offered a prize of $2500 to anyone who hoisted the Khalistani flag at any

government building or Panchayat Houses in Punjab and Haryana on 15 August. Gurpatwant Singh Pannun

incited the people of Punjab and Haryana to replace the Indian National Flag with the Khalistani flag.

xi.

He further stated that Inderjit Singh, the cousin of Jagwinder Singh, visited his house on 02.08.2020

and motivated him to watch SFJ videos. Inderjit Singh and Jaspal Singh, who lived in the same village, were

influenced by these videos. On 7th/8th August 2020, Inderjit Singh sent the videos to Jaspal Singh, and both

motivated Akashdeep Singh, cousin of Jaspal Singh to watch them as well. On 14 August 2020, Inderjit

Singh, Jaspal Singh, and Akashdeep Singh hoisted the Khalistani flag at the DC Office Moga.

xii.

He further deposed that during the course of investigation, a video was recovered from the mobile

phone of accused Jaspal Singh, which featured graphics stating, "Khalistan Flag raised at Session Court

Moga." The video contained footage of the Khalistan flag being hoisted by Inderjit Singh and Jaspal Singh at

the DC Office, which was videographed by Akashdeep Singh. The video was a combination of two separate

clips, which were also retrieved from the mobile data of Inderjit Singh. Additionally, videos related to

Gurpatwant Singh Pannun, SFJ, and US Media International were found in the search history and phones of

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the accused. A copy of the video recovered from the accused (in a pen drive) is Exhibit PW-20/P4.

Transcription of the videos retrieved from the phones of Accused Inderjit Singh and Jaspal Singh are Exhibit

PW-20/P5. Also, the explanation memorandum by the accused Inderjit Singh, Jaspal Singh, Akashdeep Singh

and Jagwinder Singh, related to the videos retrieved from mobile phones of accused are Exhibit PW-20/P6.

Disclosure-cum-recovery memo of social media data of the accused Inderjit, Jaspal, Akashdeep and

Jagwinder are collectively Exhibit PW-20/P7.

xiii.

PW-20 stated that the arrested accused were shown pictures of the SFJ members during the

investigation. They recognized the co-accused, Gurpatwant Singh Pannun and Rana Singh @ Harpreet Singh.

Copies of the Photo Identification Memorandum are collectivelyExhibit PW-20/P8.

xiv.

Further, the investigation revealed that on 14.08.2020, Inderjit sent a recorded video of the crime to

Rana Singh and discussed with Jagwinder Singh (A-4) about attending a "Referendum 2020" meeting at

Anandpur Sahib Gurudwara on the same day. Later that evening, Inderjit, Jaspal, Jagwinder, and four others

(including Jagwinder's brother) traveled to Anandpur Sahib in Jagwinder's Fortuner car. They stayed there

until 16.08.2020 and returned in the evening. Inderjit and Jaspal disclosed to Jagwinder about hoisting of

the Khalistan flag and the tearing of the Indian National Flag at the DC Office Complex, Moga on 14.08.2020.

Despite knowing commission of the offence, Jagwinderharboured Inderjit and Jaspal on the night of

16.08.2020. He stated that on 17.08.2020, Inderjit and Jaspal left their mobile phones in the Fortuner car and

moved away.

xv.

The mobile phones were later recovered and seized during the investigation, along with the Fortuner

car. A copy of Seizure Memo of the phones and car is Exhibit PW-20/P9. Disclosure statements of the

accused Inderjit Singh, Jaspal Singh, Akashdeep Singh and Jagwinder Singh are collectively Exhibit PW-

20/P10.

xvi.

The witness further deposed that the investigation revealed that on 17.08.2020, Inderjit and Jaspal

arrived in Amritsar, where Inderjit called Rana Singh @ Harpreet Singh to request the reward money for

hoisting the Khalistan flag at the DC Office Complex in Moga. In response, Rana Singh sent an MTCN code

to Inderjit, informing him that Rs. 20,000 (approximately USD 267.64) had been sent as a reward. On

19.08.2020, Inderjit and Jaspal went to Mannapuram Finance Ltd, a franchise of Western Union Services, on

Tarn Taran Road in Amritsar. Inderjit showed the MTCN code to the cashier and branch manager, depositing

a copy of his Aadhar Card for identification purposes. The manager verified the MTCN number and recorded

Inderjit's details, including his name, address, Aadhar Card number, mobile number, occupation, and

relationship to the sender. He stated that the investigation revealed that the money had been sent by Gurpal

Singh from Richmond Hill, New York, USA. Further, CCTV footage from Mannapuram Finance Ltd was

analysed, showing Inderjit and Jaspal entering and leaving the premises on 19.08.2020. The copy Customer

detail of Inderjit Singh along with register and Western Union detail showing money transferred to Inderjit is

Exhibit PW-20/P11. A copy of the production-cum-seizure memorandum of the register containing the

particulars of Inderjit produced by the Branch Head Mannapuram Finance Ltd. Tarn Taran Road, Amritsar

along with Photo Identification Memo of Inderjit and Jaspal is collectively Exhibit PW-20/P12.

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[PART II—SEC. 3(ii)]

xvii.

He further deposed that based on the evidence on record, pursuant to the investigation carried out by

NIA, 1st Supplementary Charge Sheet dated 19.02.2024 was filed before the NIA Special Court, Mohali,

Punjab in RC-30/2020/NIA/DLI. Copy of first supplementary Chargesheet in RC-30/2020/NIA/DLI is

collectivelyExhibit PW-20/P13. He deposed that the investigation revealed that accused Rana Singh @

Harpreet Singh resides in Richmond Hill, New York, whose Indian residence is in Ropar, Punjab and is a

member of Sikhs for Justice (SFJ), and his handler is accused Gurpatwant Singh Pannun. He stated that in

Richmond Hill, accused Rana Singh and his associates collected funds from Indian residents belonging from

Punjab and Haryana and have businesses, shops, and stores. These funds were used by Rana Singh and

Gurpatwant Singh Pannun to propagate anti-government sentiments and to demand the creation of a separate

State in the name of Khalistan. Accused Rana Singh and Gurpatwant Singh Pannun preach anti- Indian

slogans and exhort “Fight for Khalistan". Accused Rana Singh collected funds in connivance with accused

Gurpatwant Singh Pannun and sent these funds to India to his supporters/sympathizers for secession of

Punjab. He also stated that further investigation revealed that on 18.08.2020, Rana Singh went to a Western

Union shop/store in Richmond Hill, where he sent $267 (US) to Inderjit Singh in Punjab, India. Rana Singh

provided a passport copy, phone number, and address of an individual named Gurpal, who was linked to the

transaction. It was discovered that Rana Singh had used forged documents i.e. Gurpal Singh’s passport, to

send the funds to Inderjit Singh. A copy of the Photo Identification Memo along with production memo of

the documents related to Gurpal Singh, produced by Malkeet kaur w/o Gurpal is Exhibit PW-20/P14. Photo

Identification memo done by the owner of the Western Union shop, USA in which he identified Rana Singh

and Gurpatwant Singh Pannun is Exhibit PW-20/P15.

xviii.

He also deposed that during the investigation, several witnesses were examined, and their statements

were recorded under Sections 161 and 164 of the Cr.P.C. The statements revealed that members of Sikhs for

Justice (SFJ) have been recruiting Sikh youths through social media, encouraging them to carry out illegal

activities against the Government of India. These unlawful activities were being funded by proxies of SFJ

from abroad. The statements further disclosed that the arrested accused were attempting to recruit more

individuals into their terrorist group and were seeking assistance to carry out unlawful tasks assigned by their

foreign handlers. The statements of the protected witnesses (in terms of Section 44 of the UAPA) code named

as X-1, X-2 and X-3 for the perusal of this Tribunal, are collectively Exhibit PW-20/P16 (in sealed cover).

Copy of the statements of witnesses recorded u/s 161 are collectively Exhibit PW-20/P17. It is further stated

that Charge has been framed against the respective accused under concerned Sections and copy of the same

is Exhibit PW-20/P18.

RC-22/2022/NIA/DLI

xix.

Regarding the case RC-22/2022/NIA/DLI, PW-20 deposed that on 17.05.2022, the Ministry of Home

Affairs (MHA) issued an Order No. 11011/39/2022/NIA, in exercise of its powers under sub-section (5) of

section 6 read with section 8 of the National Investigation Agency Act, 2008, directing the National

Investigation Agency (NIA) to take up the investigation of the case. The investigation was initiated based on

credible information received by the Central Government regarding an incident on 23.04.2022. At around

7:30 PM on 23.04.2022, a team of Chandigarh Police QRT, while patrolling, noticed flames in the bushes

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147

near the back wall of Burail Jail. The patrolling team stopped immediately at the spot to check the flames and

saw there was fire in the bushes and suspiciously tiffin looking like IED, an object looking like detonator and

a black color bag was lying near the tiffin. The fire was about to reach the tiffin and was extinguished.

Accordingly, FIR No. 33 dated 24.04.2022, under sections 03 and 04 of the Explosive Substances Act, 1908,

was registered at Police Station-49, Chandigarh against unknown persons. Copy of the RC-22/2022/NIA/DLI

along with FIR No. 33 dated 24.04.2022, Police Station-49, Chandigarh, are collectively Exhibit PW-20/19.

Order No. 11011/39/2022/NIA dated 17.05.2022, issued by the Ministry of Home Affairs, Government of

India is Exhibit PW-20/20.

xx.

He testified that on 14.05.2023, a search was conducted at the houses of six associates of Jaswinder

Singh Multani, who were linked to the accused through WhatsApp groups such as "SIKHS FOR JUSTICE,"

"Referendum 2020," and "KHALISTAN KI JUNG." During the search, four mobile phones containing

incriminating material were seized. Copies of the various seizure made in RC-22/2022/NIA/DLI is

collectively Exhibit PW-20/21.

xxi.

PW-20 deposed that during the investigation, several witnesses were examined, and their statements

were recorded under Sections 161 and 164 of the Cr.P.C. These statements revealed that members and leaders

of Sikhs for Justice (SFJ) and Khalistani groups informed the witnesses about the 1984 genocide and linked

them to SFJ's WhatsApp group and further informed that the name of their leader is Pannun, who is declared

a designated terrorist in India and working against the country. Members and leader of SFJ and Khalistani

groups have been found to be involved in unlawful activities. The statements of the protected witnesses (X-

1, X-2, X-3, and X-4), in terms of Section 44 of the UAPA, are collectively Exhibit PW-20/22, except for

X-1 (which has been produced in a sealed cover). Copy of the statements of the witnesses recorded u/s 161

Cr.P.C. are collectively Exhibit PW-20/23.

xxii.

During the investigation, the Facebook account of accused Jaswinder Singh Multani was analyzed.

It revealed that Multani used to share anti-national and secessionist posts on his Facebook profile. He was the

admin of the SFJ WhatsApp group, where he shared photos of arms and ammunition and activities related to

SFJ. Additionally, he provided training on how to operate hand grenades and pistols to members of his group

through video calls. Accused Jaswinder Singh Multani has been declared a Proclaimed Offender (PO) in case

RC-22/2022/NIA/DLI by the NIA Court, Chandigarh, on 31.05.2023. A copy of the order dated 31.05.2023

is Exhibit PW-20/24.

xxiii.

He further stated no arrest has been made in the RC-22/2022/NIA/DLI case, and the investigation is

still ongoing.

RC-35/2021/NIA/DLI

xxiv.

PW-20 testified that on 30.12.2021, the Ministry of Home Affairs (MHA) issued an Order No.

11011/80/2021/NIA, directing the National Investigation Agency (NIA) to register case RC-

35/2021/NIA/DLI under sections 120B, 121A of the Indian Penal Code (IPC), and sections 10, 13, 17, 18,

and 18-B of the Unlawful Activities (Prevention) Act (UAPA), 1967 after receiving information that

Jaswinder Singh Multani, a member of Sikhs for Justice (SFJ), along with his associates both in India and

abroad, had been actively radicalizing, motivating, and recruiting youths in Punjab through social media

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[PART II—SEC. 3(ii)]

platforms like Facebook, Twitter, YouTube, Telegram, WhatsApp, and Signal to propagate their ideology

with the aim to secede Punjab from the Union of the India. He stated that they were also involved in raising

funds to send arms, ammunition, and explosives into Punjab to carry out terror attacks and revive terrorism

in the region. He deposed that Jaswinder Singh Multani, along with other associates such as Jagdish Singh

Bhura of Khalistani Zindabad Force (KZF), Gurmeet Singh, Deputy Chief of KZF and associated with “ Sikhs

for Justice”, Ranjeet Singh Pakhoke @ Baba of Khalistan Tiger Force (KTF), Sukhdev Singh Heran, Hardeep

Singh Nijjar of Babbar Khalsa International (BKI), Paramjit Singh Pamma, and Ranjeet Singh Neeta, both

members of KTF, along with other pro-Khalistan elements, based in India and abroad conspired to propagate

their ideology with the aim to cede Punjab from Union of India. A copy of RC-35/2021/NIA/DLI is Exhibit

PW-20/25, and the Order No. 11011/80/2021/NIA dated 30.12.2021 is Exhibit PW-20/26.

xxv.

He deposed that searches were conducted at 08 locations in Punjab and Delhi at the premises of

suspected associates who were in contact with Jaswinder Singh Multani, Paramjeet Singh Pamma, and

Hardeep Singh Nijjer, operatives and members of Sikhs for Justice (SFJ). During these searches,

incriminating material, including 06 mobile phones belonging to the suspects, were seized. The details of

these seizures are collectively marked as Exhibit PW-20/27. Several witnesses were examined during the

investigation, and their statements were recorded under Section 161 of the Cr.P.C. These statements revealed

that members and leaders of SFJ and Khalistani associations were involved in unlawful activities. A copy of

the various seizures made in RC-35/2021/NIA/DLI is collectively Exhibit PW-20/27. A copy of the

statements of witnesses recorded under Section u/s 161 Cr.P.C. in RC-35/2021/NIA/DLI is collectively

Exhibit PW-20/28.

xxvi.

PW-20 deposed that a Non-Bailable Warrant of Arrest was issued by the Special NIA Court, Mohali,

Punjab, against members of Sikhs For Justice, including Gurmeet Singh, Paramjit Singh Pamma, Ranjeet

Singh Neeta, and Jaswinder Singh Multani, in case RC-35/2021/NIA/DLI. A copy of the warrant is

collectively marked as Exhibit PW-20/29. He further stated that no arrests have been made in this case,

which remains under investigation.

xxvii. The witness further stated on oath that aforesaid FIRs/RCs have been registered against Gurpatwant

Singh Pannun and his organization SFJ after it was already banned. This shows that Gurpatwant Singh pannun

and other leaders of SFJ even after ban was imposed by Ministry of Home Affairs, are continuously indulging

in cession and secessionist activities in a clandestine manner and if the ban is not extended and if SFJ’s

unlawful activities are not curbed and controlled immediately, it will resurrect and revive militancy and

terrorism in the State of Punjab in particular and other parts of the country. It will also escalate its subversive

activities including attempts to carve out Khalistan Nation by separating territory of Punjab from the territory

of Union of India by destabilising the Government established by law.

43.

PW-21

i.

PW-21 Ms. Anita Saini, Deputy Superintendent of Police/Admin/GRP/Punjab, tendered her

affidavit Exhibit PW-21/A, after due authorization by Competent Authority. She deposed that she is the

Deputy Supervisory Officer of the FIR No. 62 dated 05.09.2023, under Section 153-B IPC, registered at

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149

Police Station GRP Bathinda (mentioned at Serial No. 49 of the Background/Reference Note); FIR No. 73

dated 06.12.2023, under Section 153-B IPC, registered at Police Station GRP Bathinda (not mentioned in the

Reference Note); FIR No. 65 dated 11.08.2022, under Section 2 of the Prevention of Insults to National

Honours Act, 1971, and Section 120-B IPC, registered at Police Station GRP Amritsar (mentioned at Serial

No. 41 of the Background/Reference Note) and FIR No. 119 dated 29.11.2023, under Section 153-B IPC,

registered at Police Station GRP Amritsar, mentioned at Serial No. 50 of the Background/Reference Note.

The contents of the affidavit are stated to be based on records revealed during the investigation and on her

personal knowledge acquired during 23 years of service as a Police Officer. The documents annexed to the

affidavit were stated to be true copies of the respective originals and have been marked as exhibits during the

course of deposition.

FIR No.62 of 2023 ,PS GRP Bathinda

ii.

PW-21 deposed that on 05.09.2023, a Memo was received from Station Master Railway Station

Kotfatta Northern Railway stating thereby that he has been informed by the Driver of the train bearing

Number CFCS-MKS Load UP Line KM No. 279/19-21 that a Red Colour Flag has been furled by someone

on the track of the said railway line but none has been present there and word Khalistan was found inscribed

on the said Flag with black letters. FIR was accordingly registered against the unknown persons and

immediately SI Jasveer Singh SHO, Police Station GRP Bathinda along with Police party reached at Railway

Station the place of incident and investigation was commenced. The said flag of KHALISTAN was removed

by pointsman on the instructions of Station Superintendent Railway Station Kotfatta. During investigation,

the said flag was produced by Station Superintendent and was taken into custody vide recovery memo dated

05.09.2023. The case is stated to be still under investigation.

iii.

True copy of FIR No.62 of 2023 in vernacular is Exhibit PW-21/P1 and English translation thereof

is Exhibit PW-21/P2; true copy of the recovery memo is Exhibit PW-21/P3 and English translation is

Exhibit PW-21/P4.True copy of the recovery memo of the flag and English translation thereof is Exhibit

PW-21/P5 and Exhibit PW-21/P6 respectively.

FIR No. 73 of 2023, PS GRP Bathinda, Punjab

iv.

PW-21 testified that in the aforesaid case, an application was moved by Sandeep Pathak, Advocate,

Hindu Maha Gathbandan, Bathinda, to register an FIR against persons who had fixed the posters/banners at

Bathinda-Mansa Road underbridge with reference to Khalistan Association. On receipt of the said

application, ASI Pakhar Singh along with police party reached the spot and after verification of the facts,

Rukka was sent u/s 153B of IPC. FIR was accordingly registered. She further deposed that on the basis of

record and evidence of interconnected FIR No. 233, dated 03.12.23 registered u/s 153, 153-A, 505, 120-B of

IPC PS Canal Colony Bathinda, two accused were arrested and the case is still under investigation.

v.

True copy of FIR in vernacular is Exhibit PW-21/P7 and English translation thereof is Exhibit PW-

21/P8. True copy of the complaint made by Sandeep Pathak and English translation thereof isExhibit PW-

21/P9 and Exhibit PW-21/P10. True copy of the record and evidence of interconnected FIR No. 233/2023,

PS: Canal Colony, Bathinda is collectively Exhibit PW-21/P11 and translation thereof is Exhibit PW-

21/P12 (colly).

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FIR No. 65/2022, Police Station Govt. Railway Police, Amritsar ,Punjab

vi.

PW-21 deposed that FIR No. 65/2022 was registered after a letter dated 11.08.2022 was received

from Railway Headquarter Baroda House, New Delhi endorsed by Office of Govt. Rly. Police Patiala that a

burned National Flag was found hanging on a tree at KM NO 503/25-27, under over bridge number 131-A

between RLY-STN AMRITSAR-MANAWALA OVER BRIDGE. As investigation of case was carried out,

a wooden stick was recovered from place of incident which was taken into possession vide seizure memo

dated 11.08.2022. She further deposed that the final report was submitted in the court of JMIC, Amritsar on

18.01.2023. The case is pending trial and the charge was framed under section 2 of Prevention of Insults to

National Honours Act, 1971, 120-B IPC on dated 06.07.2023.

vii.

Further, she stated that several witnesses have been examined in the aforesaid case till 20.07.2023

and the case was fixed for prosecution evidence for 30.10.2024. True copy of FIR in vernacular is Exhibit

PW-21/P13 and translation thereof is Exhibit PW-21/P14. True copy of the seizure memo is Exhibit PW-

21/P15 and translation thereof is Exhibit PW-21/P16.True copy of charge sheet is Exhibit PW-21/P17 and

translation thereof is Exhibit PW-21/P18.

FIR no. 119/2023, Police Station Govt. Railway Police, Amritsar,Punjab

viii.

PW-21 deposed that FIR No. 119/2023 under Sections 153-B and 120-B IPC was registered at Police

Station Govt. Railway Police, Amritsar (Punjab) since a video was uploaded by Gurpatwant Singh Pannun

(President of Sikhs for Justice Organization) on Facebook and WhatsApp, wherein Khalistan Zindabad” and

“Boycott of AIR INDIA” (slogans) were inscribed on pillars and wall of new overbridge on KM No. 510/34

between Railway Stations Amritsar-Manawala with the black ink. She further testified that the final report in

aforesaid case was submitted in the court of CJM, Amritsar on 30.04.2024. The case is pending before the

Court of Ms. Parminder Kaur, CJM Amritsar and the charge was framed under section 153-B(1) IPC on

28.05.2024.

ix.

The case is stated to be fixed for remaining prosecution evidence for 05.12.2024. True copy of FIRin

vernacular is Exhibit PW-21/P19 and translation thereof is Exhibit PW-21/P20. True copy of charge sheet

is Exhibit PW-21/P21 and translation thereof is Exhibit PW-21/P22.

x.

PW21 deposed on oath that the aforesaid FIR has been registered against Gurpatwant Singh Pannu

and his organization SFJ after it was already banned. This shows that Gurpatwant Singh Pannun and other

leaders of SFJ even after ban was imposed by Ministry of Home Affairs, are continuously indulging in cession

and secessionist activities in a clandestine manner and as such was of the view that if the ban is not extended

and if its SFJ’s unlawful activities are not curbed and controlled immediately, it will resurrect and revive

militancy and terrorism in the State of Punjab in particular and other parts of the country. It will also escalate

its subversive activities including attempts to carve out Khalistan Nation by separating territory of Punjab

from the territory of Union of India by destabilising the Government established by law.

44.

PW-22

i.

PW-22 Kuldip Singh, Sub-Inspector In-charge, Police Post, Sector 43, UT, Chandigarh, tendered

his affidavit Exhibit PW-22/A, after due authorization by the Competent Authority. He deposed regarding

[भाग II—खण् ड 3(ii)]

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151

FIR No. 51 of 2023 dated 26.01.2023, registered under Section 3(1) of the Delhi Prevention of Defacement

of Public Property Act, 2007 registered at P.S. Sector 36, UT, Chandigarh, mentioned at Serial No. 95 in

Annexure II to the Background Note. The contents of the affidavit are stated to be based on records revealed

during the investigation and on his personal knowledge acquired during 12 years of service as a Police Officer.

The documents annexed to the affidavit were stated to be true copies of the respective originals and documents

have been marked as exhibits during the course of deposition.

FIR No. 51/2023, Police Station Sector-36, Chandigarh

ii.

PW-22 deposed that FIR No. 51/2023 under section 3(1) of Delhi Prevention of Defacement of Public

Property Act, 2007 was registered at P.S. Sector 36, UT, Chandigarh on 26.01.2023 when SI Raj Kumar/CHG

informed that during his patrolling duty near Beant Singh Memorial, Sector-42, Chandigarh, he and other

police officials saw that the display board of Beant Singh Memorial was defaced with “SFJ Jindabaad and

Khalistan Jindabad” inscription by some unknown persons. He stated that during inspection, photographs of

the incident spot were taken. A Final Untrace Report dated 21.08.2024 is stated to have been filed after

investigation.

iii.

The copy of FIR in vernacular is Exhibit PW-22/P1 and English translation thereof is Exhibit PW-

22/P2; copy of the photographs isExhibit PW-22/P3 (colly)and copy of the letter dated 11.06.2024 seeking

permission to file an Untrace Report along with true copy of the Untrace Report dated 21.08.2024 with

English translation thereof is Exhibit PW-22/P4 (colly).

45.

PW-23

i.

PW-23 Adarshdeep Singh, Deputy Superintendent of Police, Sirsa, Haryana, tendered his affidavit

Exhibit-PW-23/A, after due authorization by the Competent Authority. He deposed regarding the FIR No.

148/2023, under Sections 120-B, 124-A IPC, and Section 13 of the Unlawful Activities (Prevention) Act,

1967, registered at Police Station Sirsa Sadar, mentioned at Serial No. 66 of the reference note. The contents

of the affidavit are stated to be based on record revealed during the investigation and on his personal

knowledge acquired during 13 years of service as a Police Officer. The documents annexed to the affidavit

were stated to be true copies of the respective originals and documents have been marked as exhibits during

the course of deposition.

FIR No. 148/2023, PS-Sirsa Sadar, Haryana

ii.

PW-23 deposed that FIR No.148/2023under Sections 120-B, 124-A IPC, and Section 13 of the

Unlawful Activities (Prevention) Act, 1967 was registered on the statement of EHC Jitender Kumar on

07.04.2023 whereby he stated that anti-India slogans in English and Punjabi were found written on the wall

of Airforce Station, Sirsa. The words in English when combined together read “Hindustan Murdabad”. The

slogan related to Khalistani movement and incited the secession of Punjab from India. These included

“Hindustan Murdabad” (in English) accompanied with the term “SFJ”, “G-20, Delhi 100,000 Dollar” (in

English), “Khalistani Flag, Pragati Maidan” (in English) along with “Khalistan Zindabad” (in Punjabi).

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[PART II—SEC. 3(ii)]

iii.

The Copy of the FIR in vernacular along with English translation thereof is Exhibit PW-23/P1;

Photograph(s) of the wall of the Airforce Station, Sirsa are Exhibit PW-23/P2. Statements of E/SI Om

Prakash, a finger print expert and complainant EHC Jitender Singh recorded under Section 161 Cr.P.C. in

vernacular along with English translations thereof are Exhibit PW-23/P3 and Exhibit PW-23/P4

respectively.

iv.

He further testified that during the course of investigation, a bottle of spray paint and a piece of yellow

cloth on which “Khalistan” was written, were recovered but no finger prints were found at the spot. Apart

from above, a white cloth containing spray paint bottle was taken into possession. Copy of seizure memo of

white cloth in vernacular along with English translation thereof is Exhibit PW-23/P5 and seizure memo in

respect of yellow cloth on which Khalistan was written in vernacular along with English translation thereof

is Exhibit PW-23/P6. Witness further deposed that the accused could not be traced and an Untrace Report

was filed. True copy of Untrace Report in vernacular and English translation thereof is Exhibit PW-23/P7.

v.

PW-23 deposed that the abovementioned FIR has been registered against the SFJ subsequent to the

ban imposed upon it in 2019. The investigation reveals that Gurpatwant Singh Pannun, other leaders of the

SFJ and members are consistently engaged in activities aimed at incitement to cede from the Indian Union.

The witness was of the view, based on the facts and attendant circumstances, that if allowed to fester, the

activities of the SFJ could result in the revival of the Khalistani movement.

46.

PW-24

i.

PW-24 Rajesh Kumar Mohan, Assistant Superintendent of Police, Hisar, Haryana, tendered his

affidavit Exhibit PW-24/A, after due authorization by Competent Authority. He deposed with respect to FIR

No. 31/2022, under Sections 120-B, 124-A, 336, 379 IPC; Section 3 of the Public Property (Prevention of

Damage) Act, 1984; Section 66F of the Information Technology Act; Section 150 of the Railways Act, 1989;

and Sections 10 and 13 of the Unlawful Activities (Prevention) Act, 1967, dated 16.07.2022, registered at

Cyber Crime Police Station, Hisar, mentioned at Serial No. 62 of the Reference Note. The contents of the

affidavit are stated to be based on records revealed during the investigation and on his personal knowledge

acquired during 3 years of service as a Police Officer. The documents annexed to the affidavit were stated to

be true copies of the respective originals and documents have been marked as exhibits during the course of

deposition.

FIR No.31/2022, PS-Cyber Crime, Hisar, Haryana

ii.

PW-24 deposed that the FIR No.31/2022 was registered on complaint of PSI Amit Kumar I/C, Cyber

Cell, DPO-Hisar that an audio-video with the thumbnail “Khalistan Flag Raised – Rail Clippers Removed –

Rajiv Gandhi Thermal Plant Haryana – 15 August – Plunge India to Darkness” was being circulated on social

media. He further stated that the person in the video identified himself as Gurpatwant Singh Pannun, the chief

of SFJ. Copy of FIR in vernacular along with English translation thereof is Exhibit PW-24/P1.

iii.

PW-24 further testified that during the course of investigation, IO visited the place of occurrence

wherein the clips of the railway track were removed and collected the data in respect of the mobile phones

[भाग II—खण् ड 3(ii)]

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153

which were active at the relevant time in respect of the place of incident wherein the clips of the railway track

were removed.

iv.

He deposed that an Untrace Report was prepared. However, the same was not filed and a Special

Investigation Team was constituted for further investigation into the case. The accused could not be traced

and the investigation is pending.

v.

Copy of the order dated 28.11.2023 passed by office of Superintendent of Police, Hisar constituting

the Special Investigation Team is Exhibit PW-24/P2; Pen-drive produced by the complainant containing the

video footage which was downloaded from YouTube is Exhibit PW-24/P3 and Certificate under Section

65B of the Indian Evidence Act, 1872 pertaining to the pen drive, in vernacular along with English translation

thereof is Exhibit PW-24/P4.

vi.

The witness testified that the above mentioned FIR has been registered against Gurpatwant Singh

Pannun and his organization SFJ after it was already banned in 2019. The investigation reveals that

Gurpatwant Singh Pannun and other leaders of SFJ even after ban are continuously indulging in cession and

secessionist activities clandestinely. He was of the view that if the ban to the SFJ is not extended, it cannot

be curbed and controlled immediately, it will resurrect and revive militancy and terrorism in the State of

Punjab in particular and other parts of the country. It will also escalate its subversive activities including

attempts to carve out Khalistan Nation by separating territory of Punjab from the territory of Union of India

by destabilising the Government established by law.

47.

PW-25

i.

PW-25 Ms. Deepti Garg, Superintendent of Police, Dabwali (presently posted as Commandant of

4th Battalion, IRB, Manesar, Gurugram), tendered her affidavit Exhibit PW-25/A, after due authorization by

Competent Authority. She deposed that she is the Supervisory Officer of FIR No. 627/2022 under Sections

120-B, 124-A IPC and Section 13 of the Unlawful Activities (Prevention) Act, 1967, and FIR No. 473/2023

under Sections 120-B, 124-A IPC and Section 13 of the Unlawful Activities (Prevention) Act, 1967, both

registered at Police Station City Mandi Dabwali, Dabwali and mentioned at Serial Nos. 63 and 67

respectively of the Reference Note. The contents of the affidavit are stated to be based on records revealed

during the investigation and on her personal knowledge acquired during 4 years of service as a Police Officer.

The documents annexed to the affidavit were stated to be true copies of the respective originals and documents

have been marked as exhibits during the course of deposition.

FIR No. 627/2022, Police Station-City Mandi Dabwali, Dabwali, Sirsa, Haryana

ii.

PW-25 deposed that FIR No.627/2022 dated 07.12.2022 u/s 120-B, 124-A IPC and Section 13 of

Unlawful Activities (Prevention) Act, 1967 was registered at P.S. City Mandi Dabwali, Dabwali on

information by EHC Rohtash No.1167/Sirsa who found that some anti-national slogans were written in

English and Punjabi language on the wall of B.R. Ambedkar College, Dabwali. The phrases “BRAHMINES

LEAVE PUNJAB-HR, HARYANA BANEGA KHALISTAN, BRAHMINS HINDU RESPONSE 1984

SIKH GENOCIDE, SFJ” (in English), “KHALISTAN ZINDABAD, SFJ” (in Punjabi) were written along

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[PART II—SEC. 3(ii)]

with the date “29 JANUARY” (in Punjabi) and AUSTRALIA (in English). FIR was accordingly registered

against Gurpatwant Singh Pannu and unknown person. Copy of FIR in vernacular is Exhibit PW-25/A1 and

English translation thereof is Exhibit PW-25/A2; The crime detail form which reflects the place of

occurrence in vernacular along with English translation of the relevant extract are Exhibit PW-25/A3 and

Exhibit PW-25/A4 respectively.

iii.

Further, the property seizure and possession form dated 07.12.2022 in respect of 07 photographs and

pen-drive containing the video footage of the scene of incident along with English translation thereof are

Exhibit PW-25/A5 and Exhibit PW-25/A6 respectively. Statement of the complainant recorded under

Section 161 Cr.P.C. and copy of the same along with English translation thereof are Exhibit PW-

25/A7&Exhibit PW-25/A8 respectively.

iv.

She testified that an Untrace Report was prepared but is yet to be filed before the Court. However, it

has been inadvertently mentioned in her affidavit that the Untrace Report has been filed. Copy of the Untrace

Report dated 05.09.2023, in vernacular along with English translation thereof are Exhibit PW-25/A9 and

Exhibit PW-25/A10 respectively.

FIR No. 473/2023, Police Station-City Mandi, Dabwali, Sirsa, Haryana

v.

PW-25 further deposed that FIR No.473/2023 dated 31.07.2023 u/s 120-B, 124-A IPC and Section

13 of Unlawful Activities (Prevention) Act, 1967 was registered at P.S. City Mandi, Dabwali, Sirsa on

information by EHC Rohtash No.1167/Sirsa that certain anti-national slogans were written on the walls of

the office of the Sub-Divisional Magistrate. The terms “HARYANA KHALISTAN” (in English),

“KHALISTAN ZINDABAD” (in Punjabi “KHALISTAN HARYANA BANEGA, SFJ KHALISTAN,

MODI, KHATTAR, VIZ, SFJ THOKO” (in English), “KHALISTAN BATEGA-HR” (in Punjabi)

“HARYANA BANEGA, KHALISTAN”, “KHALISTAN SFJ” (in English) were written. True copy of FIR

in vernacular along with English translation thereof are Exhibit PW-25/A11 and Exhibit PW-25/A12

respectively; Copy of photographs taken from the spot are collectively Exhibit PW-25/A13. The crime detail

form of the place of incident, in vernacular along with English translation of the relevant portion are Exhibit

PW-25/A14 & Exhibit PW-25/A15 respectively.

vi.

She testified that during investigation, it emerged that none had witnessed any individual writing the

words on the wall. Copy of statement of Lakshman Singh, Chowkidar, Court Complex, Dabwali and Vinod

Kumar, Treasury Guard, Court Complex recorded under Section 161 Cr.P.C., in vernacular along with

English translation thereof are Exhibit PW-25/A16, Exhibit PW-25/A17, Exhibit PW-25/A18 and Exhibit

PW-25/A19 respectively.

vii.

She further deposed that an Untrace Report was prepared but is yet to be filed before the Court.

However, it has been inadvertently mentioned in her affidavit that the Untrace Report has been filed. Copy

of Untrace Report dated 17.06.2024, in vernacular along with English translation thereof are Exhibit PW-

25/A20 and Exhibit PW-25/A21 respectively.

viii.

PW-25 deposed that despite being banned in 2019, SFJ has been actively and incessantly encouraging

the secession of Punjab from the territory of India. The above acts are against the territorial integrity of India

and are aimed at inciting local Sikhs against the legal and constitutional framework of the Government of

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

155

India. These and other allied activities of the SFJ, under the leader of Gurpatwant Singh Pannun pose a grave

threat to the security and safety of Indian residents. These activities have the potential of disrupting the peace,

unity and integrity of the country. Therefore, if not curbed these activities could result in the revival of the

Khalistani movement.

48.

PW-26

i.

PWS-26 Siddhant Jain, Deputy Commissioner of Police, Gurugram, Haryana (now Superintendent

of Police, Dabwali), tendered his affidavit Exhibit-PW26/A, after due authorization by the Competent

Authority. He deposed that he is the Supervisory Officer of FIR No. 137 dated 02.07.2020 under Sections

124A and 153A IPC and Sections 10(a) and 13 of the Unlawful Activities (Prevention) Act, registered at

Police Station Bhondsi, Gurugram, and FIR No. 52 dated 29.08.2021 under Sections 124A and 153A IPC

and Sections 10(a) and 13 of the Unlawful Activities (Prevention) Act, registered at Police Station Cyber

Crime, Gurugram, mentioned at Serial Nos. 56 and 59 of the Reference Note.

ii.

Additionally, he is the Supervisory Officer of FIR No. 45 dated 05.08.2021 under Sections 124A and

153A IPC and Sections 10(a) and 13 of the Unlawful Activities (Prevention) Act; FIR No. 28 dated

15.04.2022 under Sections 124A and 153A IPC and Sections 10(a) and 13 of the Unlawful Activities

(Prevention) Act, 1967; and FIR No. 45 dated 06.08.2022 under Section 66 of the Information Technology

Act, Sections 124A and 153A IPC, and Sections 10(a) and 13 of the Unlawful Activities (Prevention) Act,

all registered at Police Station Cyber Crime, Gurugram. The latter set of FIRs (i.e. FIR No. 45/2021, 28/2022

and 45/2022) do not find mention in the Reference Note but are relied upon as additional evidence. The

contents of the affidavit are stated to be based on record revealed during the investigation and on his personal

knowledge acquired during 6 years of service. The documents annexed to the affidavit were stated to be true

copies of the respective originals and documents have been marked as exhibits during the course of

deposition.

FIR No. 137/2020, Police Station Bhondsi, Gurugram

iii.

PW-26 deposed that FIR No. 137 dated 02.07.2020 under Sections 124A and 153A IPC and Sections

10(a) and 13 UA(P) Act was registered at P.S. Bhondsi, Gurugram on complaint of Inspector Anand Kumar,

Special Task Force, Bhondsi, Gurugram. As per FIR, Inspector Anand Kumar received information regarding

the circulation of a pre-recorded audio-video message which stated that the people of Haryana and the elected

government are inimical to the interest of Sikhs and Punjabis. The individual delivering this message

identified himself as Gurpatwant Singh Pannun, General Counsel of Sikhs for Justice. Copy of the FIR is

Exhibit PW-26/A1 and Pen drive containing the above audio-video message, along with its transcript are

Exhibit PW-26/A2 and Exhibit PW-26/A3 respectively.

iv.

PW-26 testified that the original source of the Audio-Video message could not be ascertained. An

Untrace Report was prepared but not filed before the concerned court and the case is still pending

investigation. Copy of the Untrace Report in vernacular along with its English translation are Exhibit PW-

26/A4 and Exhibit PW-26/A5 respectively.

FIR no. 52/2021, PS-Cyber Crime, Gurugram

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[PART II—SEC. 3(ii)]

v.

The witness further deposed that FIR No. 52 /2021 u/s 124A and 153A IPC & Sections 10 (a) and 13

UA(P) Act, was registered at P.S. Cyber Crime, Gurgaon after a complaint was received from the in-charge

Technical Division, Special Task Force, Bhondsi, Gurugram regarding the circulation of a pre-recorded

audio-video message which stated that the people of Haryana and the elected government were acting against

the interest of the people of Punjab. He deposed that the individual delivering this message identified himself

as Gurpatwant Singh Pannun. Copy of the FIR is Exhibit PW-26/A6; Pen drive containing the aforesaid

audio-video message, along with its transcript are Exhibit PW-26/A7 and Exhibit PW-26/A8 respectively.

vi.

He further deposed that an Untrace Report was filed on 16.12.2023 with directions to continue

investigation in case any clue is found in future. Copy of the Untrace Report, in vernacular along with its

English translation thereof are Exhibit PW-26/A9 and Exhibit PW-26/A10 respectively.

FIR no. 45/2021, PS-Cyber Crime, Gurugram

vii.

PW-26 testified that FIR No. 45 dated 05.08.2021 under Sections 124A and 153A IPC & Sections

10 (a) and 13 UA(P) Act, was registered at P.S. Cyber Crime, Gurgaon on complaint of Shri Madan Lal,

Inspector, Special Task Force, Bhondsi, Gurugram. According to the complaint, a pre-recorded audio-video

message stating that the people of Haryana and the elected government are acting against the interest of the

people of Punjab was being circulated. He testified that the individual delivering this message identified

himself as Gurpatwant Singh Pannun. Copy of FIR is Exhibit PW-26/A11 and Pen drive containing the

above audio-video message, along with its transcript thereof is Exhibit PW-26/A12 and Exhibit PW-26/A13

respectively. PW-26 further deposed that in the case an Untrace Report has been filed. Copy of the Untrace

Report, in vernacular along with its English translation thereof are Exhibit PW-26/A14 and Exhibit PW-

26/A15 respectively.

FIR no. 28/2022 PS- Cyber Crime, Gurugram

viii.

PW-26 deposed that FIR No. 28/2022 dated 15.04.2022 under Sections 124A and 153A of the IPC

and Sections 10(a) and 13 of the Unlawful Activities (Prevention) Act was registered at P.S. Cyber Crime,

Gurgaon on information from Shri Madan Lal, In-charge, Special Task Force, Gurugram. As per the

complaint, an audio-video message was being circulated on YouTube which showed Gurpatwant Singh

Pannun re-asserting Punjab’s claim on Haryana. Further, in a video statement Gurpatwant Singh Pannun

announced that SFJ will launch “Haryana Banyega Khalisthan” campaign on 29th April to recruit volunteers

who will advocate for liberation of Haryana from Indian occupation through Khalistan Referendum. He stated

that FIR also mentions that SFJ has a released a map of the areas earmarked for cessation from India through

Khalistan. Copy of FIR is Exhibit PW-26/A16 and Pen drive containing the aforesaid audio-video message,

along with transcript thereof is Exhibit PW-26/A17 and Exhibit PW-26/A18 respectively.

ix.

He further deposed that an Untrace Report has been filed in the matter. Copy of the Untrace Report,

in vernacular along with its English translation thereof are Exhibit PW-26/A19 and Exhibit PW-26/A20

respectively.

FIR No. 45/2022, PS-Cyber Crime, Gurugram.

x.

PW-26 testified that FIR No.45 dated 06.08.2022 u/s 66 Information Technology Act, Sections 124A

and 153A IPC, & Sections 10 (a) and 13 UA(P)A was registered at P.S. Cyber Crime, Gurgaon on complaint

[भाग II—खण् ड 3(ii)]

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157

from SI Praveen Kumar, Special Task Force, Gurugram with respect to a pre-recorded audio-video message

being circulated on Twitter (now “X”). He deposed that in the audio-video message, Gurpatwant Singh

Pannun is seen stating “India has occupied Punjab. This is the last war of freedom for the people of Punjab.

Punjab’s last war of independence has started on 75 years of independence. On 15th August 2022 Khalistani

flag should be hoisted at every house and the tri-color should be burnt. The questions before the people of

Punjab are whether they are with Hindustan or with Sikh community. The last war for freedom has begun”.

xi.

Copy of FIR is Exhibit PW-26/A21 and Pen drive containing the above audio-video message, along

with transcript thereof are Exhibit PW-26/A22 and Exhibit PW-26/A23 respectively. He deposed that an

Untrace Report has been filed in the case. Copy of the Untrace Report, in vernacular along with its English

translation thereof is Exhibit PW-26/A24 and Exhibit PW-26/A25 respectively.

xii.

PW-26 further testified that the aforesaid FIRs have been registered against Gurpatwant Singh

Pannun and his organization SFJ after the same was banned in 2019. This shows that Gurpatwant Singh

Pannun and other leaders of SFJ even after ban are continuously indulging in cession and secessionist

activities clandestinely. Further, he was of the view that if the ban to the SFJ is not extended, it cannot be

curbed and controlled immediately and it will resurrect and revive militancy and terrorism in the State of

Punjab in particular and other parts of the country. It will also escalate its subversive activities including

attempts to carve out Khalistan Nation by separating territory of Punjab from the territory of Union of India

by destabilising the Government established by law.

49.

PW-27

i.

PW-27. Mohit Handa, Deputy Commissioner of Police, Crime, Gurugram (earlier posted as

Superintendent of Police, Karnal, Haryana), tendered his affidavit Exhibit PW-27/A, after due authorization

by the Competent Authority. He deposed regarding FIR No. 972 dated 23.12.2020 under Section 120B IPC

and Section 13 of the Unlawful Activities (Prevention) Act, 1967, registered at Police Station Karnal Sadar

and FIR No. 414 dated 20.06.2022 under Sections 120B, 153A IPC,and Section 13 of the Unlawful Activities

(Prevention) Act, 1967, registered at Police Station Civil Lines, District Karnal mentioned at Serial Nos. 58

and 61 of the background note. The contents of the affidavit are stated to be based on record revealed during

the investigation conducted in the said cases and on his personal knowledge acquired during 09 years of

service as a Police Officer. The documents annexed to the affidavit were stated to be true copies of the

respective originals and have been marked as exhibits during the course of deposition.

FIR No.972/2020, P.S. Sadar Karnal

ii.

PW-27 deposed that FIR No.972/2020 dated 23.12.2020 u/s 120B IPC & Section 13 Unlawful

Activities (Prevention) Act, 1967 was registered at P.S. Sadar Karnal on complaint received from Inspector

Pawan Kumar, In-charge, STF Unit, Hisar. As per the information, one Tej Parkash Singh and Akash Deep

r/o village Doraha, Tehsil Payal, District Ludhiana were transporting weapons from Uttar Pradesh and were

in contact with one Gurmeet Singh, who resides abroad and is associated with SFJ. He further stated that

according to the complainant, said Gurmeet Singh was providing funds to Tej Prakash Singh and Akash Deep.

The aforesaid accused Tej Prakash and Akash Deep were arrested on 23.12.2020 with arms along with

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ammunition in their possession. Copy of the FIR in vernacular along with English translation thereof are

Exhibit PW-27/A1 and Exhibit PW-27/A2 respectively. Copy of Fard Nishandehi/pointing out memo along

with translation thereof are Exhibit PW-27/A3 and Exhibit PW-27/A4 respectively.

iii.

He testified that accused Tej Prakash in his disclosure statements stated that he was in contact with

Gurmeet Singh who had instructed him to murder one Sudhir Suri r/o Amritsar and Gursharan Mandr r/o

Ludhiana due to their alleged statements against his religion. Further, Tej Prakash admitted that the co-

accused Akash Deep had knowledge of the above. He disclosed that the arms were received from a person in

Uttar Pradesh as instructed by Gurmeet Singh. In addition, some money was also stated to have been received

from Gurmeet Singh, which was used to purchase mobile phones and weapons. Copy of disclosure statements

of Tej Prakash dated 24.12.2020 and 27.12.2020, in vernacular along with English translation thereof are

Exhibit PW-27/A5, Exhibit PW-27/A6, Exhibit PW-27/A7 and Exhibit PW-27/A8 respectively. Copy of

statement of Akashdeep in vernacular along with English translation thereof are Exhibit PW-27/A9 and

Exhibit PW-27/A10 respectively.

iv.

Witness deposed that during investigation, a CD and a pen-drive was recovered, containing a

Youtube video in which one Sudhir Suri says 2 percent can be crushed by Hindus easily. Copy of the recovery

memo in vernacular along with English translation thereof are Exhibit PW-27/A11 and Exhibit PW-27/A12

respectively. He further deposed that the chargesheet has been filed and Sanction for prosecution has also

been obtained. Thereafter, charge against the accused has been framed by the ld. Trial Court vide order dated

03.10.2022 and the matter is pending for prosecution evidence for 02.01.2025. Copy of chargesheet in

vernacular along with English translation thereof is Exhibit PW-27/A13 and Exhibit PW-27/A14

respectively. Copy of order on charge is Exhibit PW-27/A15.

FIR No.414/2022, P.S. Civil Lines, Karnal

v.

PW-27 deposed that FIR No.414 u/s 120B, 153A IPC & Section 13 Unlawful Activities (Prevention)

Act, 1967 dated 20.06.2022 was registered at P.S. Civil Lines, Karnal at instance of Sandeep Singh, Inspector,

SHO, P.S. Civil Lines Karnal. He stated that an information was received that the words “Haryana Banega

Khalistan” (in Punjabi) and “SFJ Har Banega Khalistan SFJ” (in English) were written on the wall of Dayal

Singh College. Also, pro-Khalistani words were painted on the wall of DAV School. Copy of FIR in

vernacular along with English translation thereof are Exhibit PW-27/A16 and Exhibit PW-27/A17

respectively.

vi.

He further deposed that during investigation, one Manjeet Singh was arrested on 03.07.2022, who in

his disclosure statements admitted to writing of the aforesaid slogans and stated that he owned allegiance to

Gurpatwant Singh Pannun. In addition, he mentioned about other acts showing support for Khalistan and

also stated about involvement of one Resham Singh in the commission of aforesaid act. Copy of the disclosure

statement dated 04.07.2022 and 06.07.2022, in vernacular along with English translation thereof isExhibit

PW-27/A18 and Exhibit PW-27/A19, Exhibit PW-27/A20 and Exhibit PW-27/A21 respectively.

vii.

He testified that Accused Resham Singh was arrested on 22.07.2022 and in his disclosure statement

he admitted having been in touch with co-accused Manjeet Singh and being involved in painting the aforesaid

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pro-Khalistani slogans. Copy of the disclosure statement of Resham Singh, in vernacular along with English

translation thereof is Exhibit PW-27/A22 and Exhibit PW-27/A23 respectively.

viii.

PW-27 further deposed that the chargesheet has been filed in 2022 and sanction for prosecution has

also been obtained. Further, after obtaining the sanction, a supplementary chargesheet was filed and the case

was last listed on 07.11.2024. Copy of supplementary chargesheet, in vernacular along with English

translation thereof is Exhibit PW-27/A24 and Exhibit PW-27/A25 respectively; Copy of chargesheet in

vernacular along with English translation thereof is Exhibit PW-27/A26 and Exhibit PW-27/A27

respectively; Copy of sanction order u/s 39 of the Arms Act along with English translation thereof is Exhibit

PW-27/A28 and Exhibit PW-27/A29 respectively.

ix.

The witness further stated on oath that the aforesaid FIRs have been registered against Gurpatwant

Singh Pannun and his organization SFJ after it was already banned in 2019. The same reflects that

Gurpatwant Singh Pannun and other leaders of SFJ even after ban are continuously indulging in cession and

secessionist activities clandestinely. He was of the view that if the ban to the SFJ is not extended, it cannot

be curbed and controlled immediately, it will resurrect and revive militancy and terrorism in the country. It

will also escalate its subversive activities including attempts to carve out Khalistan Nation by separating

territory of Punjab from the territory of Union of India by destabilising the Government established by law.

50.

PW-28

i.

PW-28 Rajpal, Assistant Commissioner of Police, Crime, Sonipat, Haryana, tendered his affidavit

Exhibit PW-28/A, after due authorization by the Competent Authority. He deposed that he is the Supervisory

Officer of FIR No. 293 dated 26.06.2020, under Sections 124A, 153B, and 120B IPC, registered at Police

Station Sadar Sonipat and the said FIR is not mentioned in the Reference Note by the Ministry of Home

Affairs but was relied upon by the witness as additional evidence. The contents of the affidavit are stated to

be based on records revealed during the investigation and on his personal knowledge acquired during 21 years

of service as a Police Officer. The documents annexed to the affidavit were stated to be true copies of the

respective originals and have been marked as exhibits during the course of deposition.

FIR No. 293/2020, PS- Sadar, Sonipat, Haryana.

ii.

PW-28 deposed that on 26.06.2020, Inspector Sunil, the then SHO Police Station Sadar, Sonipat

accompanied by other police officials, was on a routine patrol of village Fazilpur, Sonipat wherein he received

an audio recording and information that one Vikas Verma s/o Rajesh Kumar was working for Sikhs for Justice

organization and had also married a Pakistani National Maham Aamir r/o Karachi. Further, he had converted

to Islam and was involved in anti-India activities with the ultimate aim of establishing an independent

Khalistan. He stated that Vikas Verma was also involved in instigating persons against the Government of

India by sending information through the Interactive Voice Response System. The said voice messages

contained several anti-India slogans. Accordingly, FIR No.293/2020 under Sections 124A, 153B, and 120B

of the IPC was registered at P.S. Sadar, Sonipat. Copy of FIR in vernacular along with English translation

thereof are Exhibit PW-28/A1 and Exhibit PW-28/A2 respectively. Copy of the recovery memo with respect

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to seizure of pen drive containing the audio recording, in vernacular along with English translation thereof

are Exhibit PW-28/A3 and Exhibit PW-28/A4 respectively.

iii.

Witness further deposed that during the course ofinvestigation, Vipul Jain was arrested on

29.12.2020, who made a disclosure statement that he is friend of Vikas Verma alias Mohd. Vikas, who had

learned the work of VOIP (Voice Over Internet Protocol). Further, he procured SIM cards on fake IDs for

co-accused Vikas. He also disclosed that co-accused Vikas married Maham on 16.11.2018 in Sharjah.

Further, Vikas had stayed in Pakistan from 13.3.2020 to 20.12.2020, where he received training from

Pakistani intelligence agencies. Vipul also disclosed that co-accused Vikas had revealed about it to him on

an earlier occasion and co-accused Vikas used the (Interactive Voice Response System) IVRS network to

disseminate propaganda on behalf of SFJ. PW-28 deposed that 100 SIM cards were recovered at instance of

Vipul on the basis of his disclosure statement. Copy of disclosure statement of Vipul Jain in vernacular along

with English translation thereof are Exhibit PW-28/A5 and Exhibit PW-28/A6 respectively. Copy of

recovery memo recording the recovery of 100 SIM cards, in vernacular along with English translation thereof

are Exhibit PW-28/A7 and Exhibit PW-28/A8 respectively.

iv.

He testified that attempts to apprehend accused Vikas were unsuccessful and Investigation revealed

that co-accused Vikas possessed a passport No.P8206565 valid till 23.03.2027 and was residing in Pakistan

since March 2020. Further, a Look Out Circular No.9838/CR-4-Panchkula was issued through the Home

Department and accused Vikas was accordingly arrested on 22.12.2020 from Delhi Airport. Copy of recovery

memo dated 22.12.2020 seizing laptop, mobile phone and passport of accused Vikas Verma, in vernacular

along with English translation thereof are Exhibit PW-28/A9 and Exhibit PW-28/A10 respectively.

v.

He further deposed that accused Vikas led the police team to his house where a SIM Box (GSM

Gateway), a wooden box of chocolate colour, 4 photographs, a pen drive, etc. were recovered and were seized

vide recovery memo dated 29.12.2020 which along with English translation thereof is Exhibit PW-28/A11

and Exhibit PW-28/A12 respectively. Copy of disclosure statement of Vikas Verma supporting the

disclosures earlier made by co-accused Vipul, in vernacular along with English translation thereof are Exhibit

PW-28/A13 and Exhibit PW-28/A14 respectively.

vi.

PW-28 deposed that co-accused Punit Kumar s/o Rakesh Kumar was arrested on 03.01.2021 who in

his disclosure statement stated that he was friends with co-accused Vipul Jain for the last four years, as they

both attended the same college. He also disclosed that in 2018 while Vipul was working in Vodafone, he

made requests for SIM cards without furnishing ID for co-accused Vikas, who was residing in Pakistan at the

said time and facilitated the request of sourcing the SIM cards. Copy of disclosure statement of Punit Kumar

in vernacular along with English translation thereof are Exhibit PW-28/A15 and Exhibit PW-28/A16

respectively.

vii.

The witness stated that during investigation, requests were made to the Ministry of External Affairs

to obtain the foreign travel history of accused Vikas and his wife. Further, the final report/chargesheet was

stated to be filed against accused Vikas, Vipul and Punit and the case is pending before the Court of Additional

Sessions Judge, Sonipat. The next date of hearing is 16.11.2024 and the charge is yet to be framed. Copy of

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

161

the chargesheet in vernacular along with English translation thereof are Exhibit PW-28/A17 and Exhibit

PW-28/A18 respectively.

viii.

PW-28 on oath stated that he agreed with the conclusions of Ministry of Home Affairs regarding SFJ

and its leader Gurpatwant Singh Pannun, among its other office bearers and members. The organization SFJ,

despite being banned has been continuously and actively advocating for the cession of Punjab from the Union

of India. Their actions are directly aimed at inciting groups and individuals within and without India to

commit acts which are directly prejudicial to the security, sovereignty and territorial integrity of India. SFJ

has relied upon other state and non-state actors. If the activities of the SFJ are not immediately curbed, it will

likely lead to the revival of militancy in the States of Punjab, and Haryana.

51.

PW-29

i.

PW-29 Dr. Vasudha Sood, Sub Divisional Police Officer, Amb Tehsil, District Una, Himachal

Pradesh, tendered her affidavit Exhibit-PW-29/A, after due authorization by the Competent Authority. She

deposed regarding FIR No. 63/2023 under section under Section 153-A IPC and Section 3 of the Himachal

Pradesh Open Place (Prevention of Disfigurement) Act, 1985, with Section 13 of the Unlawful Activities

(Prevention) Act, 1967, later invoked vide Case Diary No. 21-A, registered at Police Station Chintpurni,

Tehsil Amb, District Una, Himachal Pradesh. The case is mentioned at Serial No. 77 of Annexure II in the

Reference Note. The contents of the affidavit are stated to be based on the record revealed during the

investigation and on her personal knowledge acquired during six years of service as a Police Officer. The

documents annexed to the affidavit are stated to be true copies of the respective originals, duly attested by

her, and have been marked as exhibits during the course of deposition.

FIR No.63/2023, Police Station Chintpurni, Tehsil Amb, District Una, Himachal Pradesh

ii.

PW-29 deposed that FIR No.63/2023 under Section 153-A IPC and Section 3 of the Himachal

Pradesh Open Place (Prevention of Disfigurement) Act, 1985, Section 13 of the Unlawful Activities

(Prevention) Act, 1967 was registered on the basis of complaint of one Ajay Kumar who alleged that on

29.11.2023 at 9:20 am, he noticed that something was written with black ink on the wall of Bhagta Bhai

Dharamshala. In the meantime, the local people had also assembled and the police reached the spot. The

words written on the wall read “Punjab Zindabad Shaheed Bhindranwala Zindabad Khalistan Zindabad

Himachal Banagaya Khalistan”. Copy of FIR No.63/2023 dated 29.11.2023 in vernacular along with

English translation thereof are Exhibit PW-29/P2 and Exhibit PW-29/P3 respectively. Copy of initial

statement of informant Ajay Kumar in vernacular along with English translation thereof are Exhibit PW-

29/P4 and Exhibit PW-29/P5 respectively.

iii.

She further deposed that ASI Mahendra Soni on reaching the spot of occurrence prepared spot map

and photographs were clicked. The black ink which was used to write the slogan along with the samples was

taken into possession through seizure memo for analysis. The statement of witnesses was recorded. Further,

during course of investigation, CCTV footage of the nearby area was analysed and it was found that three

accused involved in the incident entered “Urvashi Hotel and Restaurant” at Chintpurni. Accordingly, owner

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of the Hotel Mr. Vikrant Sood was interrogated, and visitor slips along with photocopies of the Aadhaar cards

of the accused, who were staying at the said Hotel were produced and taken into possession. Copy of the spot

map and photograph of wall are Exhibit PW-29/P6 and Exhibit PW-29/P7 respectively. Copy of the seizure

memo of the black spray and control sample, in vernacular and English translation thereof are Exhibit PW-

29/P8 and Exhibit PW-29/P9 respectively. Copy of the statement of seven spot witnesses which was

recorded during investigation along with English translation thereof respectively are Exhibit PW-29/P10

(Colly.) and Exhibit PW-29/P11(Colly.). Copy of statement of Mr.Vikrant Sood (owner of “Urvashi Hotel

and Restaurant”) and English translation thereof is Exhibit PW-29/P12 and Exhibit PW-29/P13

respectively. Copy of the seizure/production memo of visitor slips and copies of Aadhaar cards along with

English translation thereof are Exhibit PW-29/P14 and Exhibit PW-29/P15 respectively.

iv.

Witness further deposed that the CDR of mobile numbers of accused revealed that they are residents

of Gauraya (Punjab). Accordingly, the police searched the area of Gauraya and accused Phool Chand s/o Sh

Ram Narayan, Harry s/o Sh. Santokh Ram and Arjinder Singh @ Jinder s/o ShTaranjeet Singh were arrested.

Their mobile phones were seized during investigation. Copy of CDR is Exhibit PW-29/P16; Copy of the

arrest memo of the three accused in vernacular along with English translation thereof are Exhibit PW-29/P17

(Colly.) and Exhibit PW-29/P18 (Colly.), respectively ;Copy of the seizure memo of the mobile phones of

the three accused in vernacular along with English Translation thereof are Exhibit PW-29/P19 (Colly.) and

Exhibit PW-29/P20 (Colly.), respectively.

v.

PW-29 testified that on the basis of disclosure statement of accused Phool Chand, a spray paint bottle

which was used to write the slogan, was recovered. Also, the clothes and shoes of the accused, which were

worn by him at the time of the incident were also taken into possession. Copy of the disclosure statement of

accused Phool Chand in vernacular and English translation thereof are Exhibit PW-29/P21 and Exhibit PW-

29/P22 respectively; Copy of recovery memo of the spray bottle in vernacular and English translation thereof

are Exhibit PW-29/P23 and Exhibit PW-29/P24 respectively; Copy of seizure memo (clothes and shoes of

the accused) in vernacular and English translation thereof are Exhibit PW-29/P25 and Exhibit PW-29/P26

respectively.

vi.

Further, during investigation, it was found that a friend of accused,Arjinder Singh alias Jinder had

sent Rs.25,000 on 27.11.2023, i.e., 2 days before the incident, through Western Union Money Transfer to

Phool Chand. Mr. Survinder Pal, an agent at the Western Union Money Transfer agency located in Gauraya,

Punjab was interrogated. Copy of the Western Union Transfer receipts are Exhibit PW-29/P27; Copy of

statement of Mr. Survinder Pal recorded under Section 161 Cr.P.C. in vernacular along with its English

translation thereof are Exhibit PW-29/P28 and Exhibit PW-29/P29 respectively.

vii.

PW-29 also testified that on 05.12.2023, investigation of the case under reference was marked to her

and during the course of investigation, a letter dated 08.11.2023 was issued to Western Union Money Transfer

to obtain the name and address of the person who had sent Rs.25,000/- on 27.11.2023 using the Aadhaar card

of accused Phool Chand. Copy of letter dated 08.12.2023 issued to the Western Union Money Transfer in

vernacular along with English translation thereof is Exhibit PW-29/P30 and Exhibit PW-29/P31

respectively.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

163

viii.

Witness deposed that the mobile phones of the accused along with their clothes & shoes were sent to

RFSL Dharamshala District Kangra Himachal Pradesh for Data Retrieval/Analysis. The same has not been

received yet. The spray paint sample and bottle were also sent to RFSL Mandi for analysis. The RFSL Mandi

report analysed the ink and spray bottle samples and stated that the black color paint powder recovered is

consistent with the black color paint found on the wall. Copy of the RFSL Report is Exhibit PW-29/P 32.

ix.

She further deposed that during investigation, it was found that Gurpatwant Singh Pannun, the

General Counsel of the terrorist organization Sikhs for Justice had taken responsibility for writing pro-

Khalistani slogans in Chintpurni Bazaar on 28th November 2023 through a viral video on social media. The

video by Gurpatwant Singh Pannun was submitted as evidence in a pen drive by journalist Mr. Aman Sharma

of Live Times TV. Accordingly, S.13 of the Unlawful Activities (Prevention) Act, 1967 was invoked in this

case vide case diary No. 21-A dated 22/12/2023. Copy of the transcript of the video is Exhibit PW-29/P33;

Copy of the Certificates u/s Section 65-B Indian Evidence Act in vernacular and English Translations thereof

are Exhibit PW-29/P34 (Colly); Copy of the case diary/jimni no.21-A dated 22/12/2023 whereupon Section

13 of Unlawful Activities (Prevention) Act, 1967 was invoked, in vernacular and English translation thereof

are Exhibit PW-29/P35 and Exhibit PW-29/P36, respectively.

x.

She also testified that Chargesheet has been prepared against the accused Phool Chand s/o Sh. Ram

Narayan r/o VPO SanghDhesian PS Goraya Tehsil Phillour, District, Jalandahar, Punjab, Arjinder Singh @

Jinder s/o ShTaranjit Singh r/o VPO Sangh PS Goraya Tehsil Phillour, District, Jalandahar and Harry s/o Sh.

Santokh Singh r/o VPO Dhesian PS Goraya Tehsil Phillour, District, Jalandhar. Further, prosecution sanction

is awaited u/s 196 Cr.P.C. and Section 45 of the Unlawful Activities (Prevention) Act, 1967. In furtherance

of the same, correspondence has been made vide letter no. 38294 dated 23.08.2024 for obtaining the

prosecution sanction. Copy of Chargesheet/Final Report dated 06.05.2024 in vernacular and English

translation thereof are Exhibit PW-29/P37 and Exhibit PW-29/P38 respectively and copy of letter dated

23.08.2024 is Exhibit PW-29/P39.

xi.

PW-29 has also tendered an additional affidavit Exhibit PW-29/B, for the purpose of placing on

record copy of the concerned viral video. Copy of the viral video prepared through FSL in a pen drive is

Exhibit PW-29/P40. The true copy of the transcript of the video is Exhibit PW-29/P33.

xii.

PW-29 further deposed that she agreed with the conclusions of Ministry of Home Affairs regarding

SFJ and its leader Gurpatwant Singh Pannun, among its other office bearers and members. The organization

SFJ, despite being banned has been continuously and actively advocating for the cession of Punjab from the

Union of India. The actions are directly aimed at inciting groups and individuals within and outside India to

commit acts, which are directly prejudicial to the security, sovereignty and territorial integrity of India. SFJ

has relied upon other state and non-state actors. If the activities of the SFJ are not immediately curbed, it will

likely lead to the revival of militancy in the concerned States.

52.

PW-30

i.

PW-30 Dr. Amar Singh, Inspector, officiating SHO, Police Station Cyber Crime, CID, Shimla,

tendered his affidavit Exhibit PW-30/P1, after due authorization by the Competent Authority. He deposed

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that he is the Supervisory Officer of FIR No. 04/2021 dated 31.07.2021, under Sections 124, 153A, 120B,

and 506 of IPC; Section 13 of the Unlawful Activities (Prevention) Act, 1967; and Section 66-C of the

Information Technology (Amendment) Act, 2008, registered at Police Station Cyber Crime, CID, Shimla,

mentioned at Serial No. 72 of Annexure II to the Reference Note/Background Note. The contents of the

affidavit are stated to be based on record revealed during the investigation conducted in the said case and on

his personal knowledge acquired during 38 years of service as a Police Officer.. The documents annexed to

the affidavit were stated to be true copies of the respective originals and have been marked as exhibits during

the course of deposition.

FIR No.04/2021, Police Station Cyber Crime, Southern Range, District- Shimla

ii.

PW-30 deposed that FIR No.04/2021 was registered at Police Station Cyber Crime, Southern Range,

District-Shimla after a complaint was received by email from Shri Baldev Singh Chauhan, Editor Himalayan

Dawn news magazine whereby he informed that he had received a call from mobile number +442039061459

on his mobile number 9418168686at 10:54 am, in which the following message was played: "We will not

allow Sh. Jai Ram Thakur, Chief Minister of Himachal Pradesh to host the Tricolour on 15th August.

Because Himachal is part of Punjab and Punjab is Khalistan". He further clarified that while registering

the FIR, the name of the accused was wrongly reflected as Avtar Singh Pannun in place of Gurpatwant Singh

Pannun, due to which report no.10 dated 31.07.2021 in the daily diary of Cyber PS SR Shimla was registered.

Copy of FIR No.04/2021 is Exhibit PW-30/P2 and Copy of GD no.10 dated 31.07.2021 in the daily diary is

Exhibit PW-30/P3.

iii.

He further testified that during investigation, it was found that Gurpatwant Singh Pannun had made

such threat messages by way of audio recordings to other journalists as well. On 30.07.2021, journalist Shri

Amit Kanwar, also received audio recorded threat messages on his mobile number. These audio clips were

recorded and copied in a CD. In one of the said audio clips dated 30.07.2021 the speaker addressed himself

as Gurpatwant Singh Pannun, General Counsel of Sikhs For Justice (‘SFJ’) and said that “Eh “Sneha” Sikh

for Justice General Council Gurpatwant Singh Pannu in Washington DC. Himachal Pradesh was part of

Punjab and we are seeking a referendum in Punjab. Once we liberate Punjab, we take over Himachal areas

which was part of the Punjab. I ask all farmers and pro-Khalistani Sikhs to come out, bring their tractor and

stop Jai Ram Thakur from hosting Indian tricolor.” this is for Himachal government. On August 15 we will

not let Jai Ram Thakur hoist the Indian Tricolor”.

iv.

In the other audio recording received by Amit Kanwar on 02.08.2021, the following message as per

transcription was received:

“BJP President Nadda, Nadda you are personally responsible for the deaths of the thousands of

farmers because you are president of the BJP is responsible for this anti-farm laws. You all are trying to

raise the security of Tiranga under the Himachal Police but I want to remain you that even Punjab CM, Beant

had security but SSA believes in ballots not bullets. SSA is peaceful and democratic organization. I ask the

people of Himachal to stay home and stay safe on August 15 and the farmers should bring tractors to stop

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

165

BJP President, Nadda and CM Thakur from raising Tiranga. The message is from Gurpatwant Singh Pannu,

General Council, Sikhs for Justice from DC.”

v.

He deposed that on 30.07.2021 Mohan Lal Verma received an audio-recorded message on his mobile

number 9318987565from mobile number13094605079. According to the transcription , the message stated

the following:

“Eh “Sneha’ Sikh for justice General Council Gurpatwant Singh Pannu in washington DC.

Himachal Pradesh government was a part of Punjab and we are demanding a refrendum in Punjab. Once

we liberate Panjab, we will ensure that we capture the areas of Himachal which were part of the Punjab.

I ask all farmers and pro-Khalistan Sikhs to came out, bring their tractor and stop Jai ram Thakur from

hosting Indian Tricolor”.

Seizure Memos ofCD of one audio clipping pertaining to Mr. Mohan Lal Verma as received on his

mobile number 9318987565 and CD containing admitted voice of Gurpatwant Singh Pannun as uploaded are

collectively Exhibit PW-30/P4 and translation of the said seizure memos is Exhibit PW-30/P5 (Colly).The

copy of the transcript of the audio recorded messages is Exhibit PW-30/P7. The message as received by Mr.

Baldev Singh Chauhan (original complainant) is at point A; messages received by Mr. Amit Kanwar are at

point ‘B’ and ‘D’ and message as received by Mohan Lal Verma is at point ‘C’ in Exhibit PW-30/P7.

Statement of witnesses was also recorded during investigation and copy of the same in vernacular along with

English translation thereof are respectively Exhibit PW-30/P8 (Colly.) and Exhibit PW-30/P9 (Colly.).

Copy of the certificates under Section 65B of the Indian Evidence Act are Exhibit PW-30/P10 (Colly.). Copy

of the letter dated 04.08.2021 along with SFSL Report dated 28.08.2021 confirming that the acoustic features

and other spectral details in the questioned voice of Pannun is similar to the admitted voice of Gurpatwant

Singh Pannun are Exhibit PW-30/P11 and Exhibit PW-30/P12 respectively.

vi.

PW-30 testified that a Final Report/Untrace Report has been prepared and filed before the concerned

Court, which is pending consideration. Copy of the Final Report in vernacular along with English translation

thereof are Exhibit PW-30/P13 and Exhibit PW-30/P14 respectively.

vii.

PW-30 has tendered an additional affidavit marked as Exhibit PW-30/B to place on record a true

copy of audio-recorded clips contained in four separate CDs, each sealed with the seal of the Forensic Science

Laboratory (FSL). These CDs were prepared through the FSL and collectively marked as Exhibit PW-30/P6

(Colly).The transcription of the audio messages contained in each CD is referenced on the envelopes holding

the CDs, labeled as Parcel No.1 to Parcel No.4, and marked as Exhibit I to Exhibit IV. Parcel No.4/Exhibit

IV contains an audio clip of the admitted voice of Gurpatwant Singh Pannun, which was downloaded from

the URL mentioned on Parcel No.4/Exhibit IV.

viii.

PW-30 stated on oath that he agreed with the conclusions of Ministry of Home Affairs regarding SFJ

and its leader Gurpatwant Singh Pannun, among its other office bearers and members. The organization SFJ,

despite being banned has been continuously and actively advocating for the cession of Punjab from the Union

of India. The actions are directly aimed at inciting groups and individuals within and without India to commit

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[PART II—SEC. 3(ii)]

acts which are directly prejudicial to the security, sovereignty and territorial integrity of India. If the activities

of the SFJ are not immediately curbed, it will likely lead to the revival of militancy in the concerned States.

53.

PW-31

i.

PW-31 Pranab Kumar Pegu, Additional Superintendent of Police, STF Assam, Guwahati, tendered

his affidavit Exhibit PW-31/A, after due authorization by the Competent Authority. He deposed that he is the

Investigating Officer of FIR No. 02/2023 dated 02.04.2023 under Sections 121, 124A, 506 IPC, and Sections

10, 13, 16, 18 of the Unlawful Activities (Prevention) Act, 1967, registered at Police Station Special Task

Force (STF), Assam, District Kamrup (M), Assam, and FIR No. 03/2023 dated 25.04.2023 under Sections

120B, 121, 124A, 506 IPC, and Sections 10, 13, 16, 18, 20 of the Unlawful Activities (Prevention) Act, 1967,

registered at Police Station Special Task Force (STF), Assam, District Kamrup (M), Assam which are

mentioned at Serial Nos. 79 and 80 of Annexure II in the Reference Note. The contents of the affidavit are

stated to be based on record revealed during the investigation conducted in the said cases and on his personal

knowledge acquired during 14 years of service as a Police Officer. The documents annexed to the affidavit

were stated to be true copies of the respective originals and have been marked as exhibits during the course

of deposition.

FIR No.02/2023, Police Station Special Task Force (STF), Assam, District Kamrup (M), Assam

ii.

PW-30 deposed that FIR No.02/2023 dated on 02.04.2023 under sections 121, 124A, 506 IPC and

Sections 10, 13, 16, 18 of the Unlawful Activities (Prevention) Act, 1967was registered on a complaint of

Badan Singpho, Inspector of Police, Special Task Force Police Station Assam, Guwahati, Kamrup (M),

whereby he informed that a voice message by Gurpatwant Singh Pannun, who is the Chief of Sikhs for Justice,

which is a proscribed organization in India, is in circulation in the social media. He further informed that in

the said message, it has been declared that the SFJ’s avowed objective is the secession of Punjab from India.

Further, life threats have been issued to Dr. Himanta Biswa Sarma, Chief Minister of Assam. He further

stated in the information that the purpose of circulation of the audio file appears to be to stir up sentiments of

the Sikhs to fight for secession from India and wage war against the State and to revert back to Khalistan

terrorist activities in 1980/1990. The same further appear to be part of preparation for waging war against

the State.

iii.

He deposed that the abovesaid audio message went viral on social media and news channels.

Therefore, the complainant downloaded the said audio message in CD from social media/news channel and

the same was seized. He stated that as per the audio recording, threats were extended to the Chief Minister

(Dr. Himanta Biswa Sarma) to the effect that if his Government is going to torture and harass Sikhs, he will

be held accountable. The audio clipping has been downloaded on a CD on 02.04.2023 and the seizure memo

bears the signatures of Chief Judicial Magistrate dated 03.04.2023 (seen) when the same was produced before

the concerned Magistrate. Copy of FIR No.02/2023 dated 02.04.2023 is Exhibit PW-31/P1; Copy of the

seizure memo of CD containing the audio clipping is Exhibit PW-31/P2and the copy of the original CD is

contained in a pen drive and the same is Exhibit PW-31/P3.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

167

iv.

He further testified that during investigation, statements of three witnesses namely Badan Singpho,

Dhrubajyoti Pathak and Partha Deb Goswami were recorded u/s 161 Cr.P.C. The said witnesses stated that

Gurpatwant Singh Pannun, Chief of SFJ circulated a voice message amongst and made phone calls to several

print and electronic media personnel of Assam, wherein the speaker issued a message vowing the secession

of Punjab from India and also issued life threats to the Chief Minister of Assam. Copy of statements of

complainant Badan Singpho, Dhrubajyoti Pathak and Partha Deb Goswami recorded under Section 161

Cr.P.C. are Exhibit PW-31/P4, Exhibit PW-31/P5 and Exhibit PW-31/P6 respectively.

FIR No. 03/2023, Police Station-Special Task Force (STF), Assam, District Kamrup (M), Assam

v.

PW-31 deposed that FIR No. 03/2023 dated 25.04.2023 under Sections 120B, 121, 124A, 506 IPC,

and Sections 10, 13, 16, 18, 20 of the Unlawful Activities (Prevention) Act, 1967 was registered at Police

Station Special Task Force (STF), Assam, District Kamrup (M), Assamon complaint of Biju Das, Inspector

of Police, Special Task Force Police Station Assam, Kamrup (M), Guwahati. He informed that a voice

message by Gurpatwant Singh Pannun, was circulating on social media platform/news channels, wherein

Gurpatwant Singh Pannun alleges that Dr. Himanta Biswa Sarma would be held accountable for joining hands

with the enemies of Khalistan. He also vowed that the Sikhs, who are presently in prison in Dibrugarh, will

commemorate, April 29 as Khalistan Declaration Day by raising ‘Khalistan Zindabad’ slogan. Further, in the

same message, he extended threats to hold the Hon’ble Prime Minister of India Shri Narendra Modi

accountable in Sydney, Australia on May 23rd for Crime against pro-Khalistan Sikhs. He further referred in

the audio clipping to the incidents of ex-Punjab CM Beant Singh and ex-Indian Prime Minister Indira Gandhi.

Further, it was reiterated that they would liberate Punjab and eliminate Indian system not with bullet but with

ballot.

vi.

He further deposed that the abovesaid audio message went viral on social media and news channels

and the complainant downloaded the same from social media/news channel in a pen drive and was seized.

Copy of FIR No.03/2023 dated 25.04.2023 is Exhibit PW-31/P7; Copy of the seizure memo is Exhibit PW-

31/P8 and Pen drive containing the copy of the voice message seized through the above seizure memo is

Exhibit PW-31/P9.

vii.

He further deposed that during investigation, statements of two witnesses namely, Biju Das

(complainant) and Dibya Kamal Bordoloi were recorded u/s 161 Cr.P.C wherein they stated that Gurpatwant

Singh Pannun, Chief of SFJ circulated a voice message amongst several print and electronic media personnel

of Assam, wherein the speaker vowed the secession of Punjab from India and also held Shri Narendra Modi,

Hon’ble Prime Minister of India and Dr. Himanta Biswa Sarma, Chief Minister of Assam accountable for

crime against pro-Khalistan Sikhs. Copy of statements of complainant Biju Das and Dibya Kamal Bordoloi

recorded under section 161 Cr.P.C. are Exhibit PW-31/P10 and Exhibit PW-31/P11 respectively.

Investigation in both the cases is stated to be underway and the accused are yet to be arrested.

viii.

PW-31 further stated on oath that he agreed with the conclusions of Ministry of Home Affairs that

SFJ and its leader Gurpatwant Singh Pannun, among other office bearers and members, despite being banned

has been continuously and actively advocating for the cession of Punjab from Union of India. Their actions

are directly aimed at inciting groups and individuals within and outside India to commit acts which are

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[PART II—SEC. 3(ii)]

directly prejudicial to the security, sovereignty and territorial integrity of India. If the activities of the SFJ are

not immediately curbed, it will likely lead to the revival of militancy in the States of Punjab, and Haryana.

54.

PW-32

i.

PW-32 Narinder Singh, Superintendent of Police, City, Bathinda, tendered his affidavit Exhibit-

PW-32/A, after due authorization by the Competent Authority. He deposed that he is the Supervisory Officer

of FIR Nos. 91/2022, 55/2024, and 89/2022(mentioned at Serial No. 39 of Background Note) registered in

Punjab. He clarified that FIR Nos. 91/2022 and 55/2024 are newly added and have not been reflected in the

Background Note. The contents of the affidavit are stated to be based on record revealed during the

investigation and on his personal knowledge acquired during 10 years of service as a Police Officer. The

documents annexed to the affidavit were stated to be true copies of the respective originals and documents

have been marked as exhibits during the course of deposition.

FIR No.91/2022, PS-Thermal, Bathinda, Punjab.

ii.

PW-32 deposed that FIR No.91/2022 dated 02.10.2022 u/s 153-B IPC, PS-Thermal, Bathinda was

registered against unknown persons on the receipt of information by ASI Karamjit Singh where he informed

that he along with Ct. Sarabjit Singh 1350 and PHG Gurjinder Singh 10320 were on a private vehicle at Gate

No.1, Thermal Colony, Joga Nand Road, Bathinda, whereupon, Ct. Sarabjit Singh informed that he had

received an information from an informer that to create hatred among the different religion and creed, some

miscreants had written Hindustan Murdabad, Muslim Sikh Bhai Bhai, SFJ and Khalistan-Pakistan Jindabad.

Further, SJF slogans were written in black colour ink at wall of forest department, near Papiha Palace,

Joganand Road. After finding the information credible and reliable, the FIR was accordingly registered.

Copy of FIR in vernacular is Exhibit-PW-32/P1and English Translation thereof is Exhibit-PW-

32/P2.

iii.

He further deposed that during course of investigation, DDR No. 19 dated 19.10.2022 was recorded,

whereby, C. Ravinder Preet Singh informed ASI Mukhtiyar Singh that he received information that on the

Malout Road, opposite Thermal Plant, under the over bridge on the walls of room just close to the railway

track some Khalistani slogans were written. Further, in this regard a video was stated to be viral on social

media in which Gurpatwant Singh Pannunwas found saying that so far Interpol Assembly is going on, the

team of Khalistan have raised right in Gurunanak Dev Thermal, Bhatinda, Thank you Interpol-SFJ, Hindustan

Murdabad, Khalistan and Pakistan Jindabad. Also, in the said video Khalistan Jindabad and Hindustan

Murdabad is shown in the video. As such, it was recorded in the said DDR No. 19 that it is clear that the

slogans have been got written by Chief of SFJ Gurpatwant Singh Pannun against various religions in order

to separate them and to disturb peace of Punjab. Offence u/s 153B, 120B IPC and Section 3 Punjab Prevention

of Damage to Public and Private Property Act, 2014, Section 66F, Section 67 Information Technology Act,

2000 was found to have been committed. Copy of General Diary Details No.19 is Exhibit-PW-32/P3 and

English Translation thereof is Exhibit-PW-32/P4.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

169

iv.

He further testified that a complaint No.603/Kotwal/2022 dated 4.10.2022 submitted by Siv Sewa

Hind was also received during course of investigation. On the basis of said complaint, the Chief of SFJ

Gurpatwant Singh Pannun s/o Mahinder Singh r/o Khankot, Distt. Amritsar was also arrayed as an accused.

Further, accused Rajwinder Singh s/o Jarnail Singh s/o Jodh Singh r/o Godara, Distt. Faridkot and Pritpal

Singh s/o Gurlal Singh s/o Harbans Singh r/o Village- Doda, Distt. Faridkot, were also arrayed as accused as

referred in DDR No.27 dated 14.09.2023. Accordingly, Section 13 of the Unlawful Activities (Prevention)

Act, 1967 was also invoked as referred in the chargesheet.

He deposed that final report/chargesheet was presented on 12.09.2024 against accused Rajwinder

Singh and Pritpal Singh.Copy of DDRNo.27 dated 14.09.2023is Exhibit PW-32/P5 and English Translation

thereof is Exhibit PW-32/P6. Copy of final report/chargesheet in vernacular is Exhibit PW-32/P7 and

English Translation thereof is Exhibit PW-32/P8.

The case is stated to be pending trial.

FIR No.89/2022, PS-Dayalpur, District-Bathinda

v.

In respect of FIR No.89 dated 07.07.2022 under Sections 10, 13,18 UAPA and Section 153B, 120B

IPC registered at PS-Dayalpur, District-Bathinda, PW-32 deposed that on 07.07.2022, SI Harbant Singh

511/PR, Incharge, Post-Bhagta along with HC Gurdeep Singh 1C/313, C. Gagandeep Singh 948/Bathinda,

PHG Nirpal Singh 22111, PHG Mejor Singh 21999 were patrolling, whereupon statement of ASI/LR Balveer

Singh 1061/BTI, Incharge of Police Party at Dera Salabatpura was recorded. ASI/LR Balveer Singh stated

that on 06.07.2022, in the evening the Dera discourse was attended by 500 devotes and concluded about 12.00

AM. After conclusion of discourse, he along with police party conducted checking of Dera and were

positioned in night at Dera. In morning at around 7.00 am, he along with police party conducted checking of

Dera in routine manner and found that on wall of Dera, towards Barnala, it was written in black “Punjab Hal

Khalistan SFJ” and on the wall towards Burj Rajgarh, it was written with black ink Beadbi da hal Khalistan

SFJ, Badla Lawange 26 January, referendum one crore. Further,on the road side, which is going from

Bhakta-Barnala main road to village Dulewala, it was written with black ink Khalistan Jindabad, Sri Guru

granth Sahib, Badla Lawange, SFJ. He further stated that he came to know that on social media a person

named Gurpatwant Singh Pannun, Chief, SFJ, who is associated with Khalistan movement had uploaded one

video in which Pannun claimed that above said writings were written by his associates on the walls of Dera

Sacha Sauda, Salabatpura. He deposed that in this way Gurpatwant Singh Pannun and his associates had

disturbed the peace and tranquility in the State of Punjab and tried to break the Sovereignty of Indian nation

and tried to advocate making of Khalistan.

Copy of FIR is Exhibit PW-32/P9 and English Translation thereof is ExhibitPW-32/P10.

vi.

Witness further testified that during the course of investigation, on the basis of statement of Harcharan

Singh s/o Jaswant Singh, accused Amrit Pal Singh @ Amrit Gill son of Paramjit Singh r/o Dullewala, District

Bathinda was arrayed as an accused, vide DDR No.35 dated 30.11.2023. Accused Amrit Pal Singh was

arrested after obtaining production warrant. True copy of DDR in vernacular is ExhibitPW-32/P11 and

English translation thereof is Exhibit PW-32/P12. The chargesheet is stated to have been filed in which

Gurpatwant Singh Pannun also stands arrayed as an accused. He further stated that an LOC stands issued

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[PART II—SEC. 3(ii)]

against Gurpatwant Singh Pannun for his arrest in the said case. True copy of chargesheet in vernacular is

Exhibit PW-32/P13 and Englishtranslation thereof is Exhibit PW-32/P14.

FIR No. 55/2024, PS-Civil Lines, Bathinda

vii.

PW- 32 deposed that FIR No. 55/2024, under Sections 153B IPC was registered at PS-Civil Lines,

Bathinda, on 27.04.2024. ASI Sukhdarshan Kumar, along with HC Jagdeep Singh (No. 2184/BTI), S/Ct

Manjeet Singh (No. 1968/BTI), and PHG Khuskaran Singh (No. 10419), were on patrol duty near the

children's park in Bathinda, when an informant reported that unknown individuals had written slogans with

black ink on the wall of the Mini Secretariat, opposite the Women’s Police Station, and on the wall of the

court complex in Bathinda. These writings were allegedly intended to disturb the peace and tranquility of the

state. Based on this credible information, an FIR was registered against the unknown individuals.

Copy of FIR in vernacular is Exhibit PW-32/P15 and English translation thereof is Exhibit PW-

32/P16. Pictures of slogans, which were written on the wall in the Black ink, are Exhibit PW-32/P17 and

Exhibit PW-32/P18.

viii.

He further deposed that on the basis of statement of Kulwinder Singh s/o Amar Singh r/o Kacha

Dhobiana, Bathinda,accused namely, Gogi Singh s/o Tarsem Singh r/o Jeevan Singh, now LIC, Phase-1,

Model Town, Bathinda, Jeni s/o Jeeta Ram r/o Jeevan Singh Wala and Prit Pal Singh were nominated as

accused, vide DDR No. 43 dated 08.05.2024. Section 120-B IPC was added and on the same day accused

Jeni Ram was arrested.

Copy of DDR No.43 dated 08.05.2024 in Vernacular is Exhibit PW-32/P19 and English translation

thereof is Exhibit PW-32/P20.

ix.

PW-32 deposed that on 14.05.2024, accused Gogi Singh was arrested. Priptal Singh was also arrested

after obtaining production warrant. During the course of interrogation accused Gogi Singh and Pritpal Singh

revealed the name of the accused Gurdas Singh s/o Harjinder Singh r/o Bahiman Jassa Singh wala, PS-

Talwandi Sabo, Distt. Bathinda, vide DDR No. 30 dated 15.05.2024. Copy of DDR No.30 dated 15.05.2024

in Vernacular is Exhibit PW-32/P21 and English translation thereof is Exhibit PW-32/P22.

x.

He deposed that accused Gurdas Singh @ Jassa Singh was arrested on same day and on his disclosure,

accused Randeep Singh @Deep s/o Ranjit Singh r/o Balla Patti, Nathana and Gurpreet Singh @ Kaku s/o

Pappu Singh r/o Garind Basti, Nathana were nominated as accused and arrested on same day, vide DDR

No.42 dated 15.05.2024. Copy of DDR No.42 dated 15.05.2024 in vernacular is Exhibit PW-32/P23 and

English translation thereof is Exhibit PW-32/P24.

xi.

The witness also deposed that accused Gurpatwant Singh Pannun s/o Mohinder Singh, now resident

of USA along with other accused has been arrayed as accused vide DDR No. 42 dated 17.05.2024. The true

copy of DDR No.42 dated 17.05.2024 in vernacular is Exhibit PW-32/P25 and English translation thereof

is Exhibit PW-32/P26. He further stated that Arrest Warrant and LOC against the accused Gurpatwant Singh

Pannun s/o Mohinder Singh have already been issued in accordance with law. The accused is currently

residing at USA and is operating his illegal and antinationalist activities in Punjab region from there in order

to disturb the peace and tranquillity

The case is stated to be under investigation.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

171

xii.

PW-32 testified that all the aforesaid three FIRs have been registered against Gurpatwant Singh

Pannun and his organization SFJ after it was already banned in 2019. This shows that Gurpatwant Singh

Pannun and other leaders of SFJ even after ban are continuously indulging in cession and secessionist

activities clandestinely and as such he was of the view that if the ban to the SFJ is not extended and its

activities are not curbed and controlled immediately, it will resurrect and revive militancy and terrorism in

the State of Punjab in particular and other parts of the country. It will also escalate its subversive activities

including attempts to carve out Khalistan Nation by separating territory of Punjab from the territory of Union

of India by destabilising the Government established by law.

55.

PW-33

i.

PW-33 Gurpartap Singh Sahota, PPS, Superintendent of Police (Investigation), Batala, District

Gurdaspur, Punjab, tendered his affidavit Exhibit-PW-33/A, after due authorization by the Competent

Authority. He deposed that he is the Supervisory Officer of FIR No. 46 of 2018, registered at Police Station

Rangar Nangal; FIR No. 77 of 2022, registered at Police Station Dera Baba Nanak; and FIR No. 10 of 2024,

registered at Police Station City Batala, Police District Batala, Punjab (mentioned at Serial Nos. 4, 38, and 55

of the Background Note). The contents of the affidavit are stated to be based on the record revealed during

the investigation and on his personal knowledge acquired during 10 years of service as a Police Officer. The

documents annexed to the affidavit are stated to be true copies of the respective originals, duly attested by

him and have been marked as exhibits during the course of deposition.

FIR No.46/2018, Police Station: Rangar Nangal

ii.

PW-33 deposed that FIR No.46 dated 31.05.2018 u/s 307/438/427/148/149 IPC, was registered at

Police Station: Rangar Nangal on the statement of Sartaj s/o Kunj Lal, a Rajput resident of Bandaru, Police

Station: Jawali, District Kangra, Himachal Pradesh, currently working at a wine shop (English Wine Adda

Dhandoi), under the jurisdiction of Police Station: Rangar Nangal. Sartaj stated that on the night of May 30,

2018, after closing the Wine Shop at around 10:30–11:00 PM, he stayed overnight at the shop as usual. At

approximately 3:30 AM on May 31, 2018, unknown persons set fire to the Wine Shop by sprinkling petrol.

However, Sartaj managed to escape the flames and save his life. The attackers fled the scene after the incident.

Sartaj further stated that unknown persons had attempted to kill him by setting the shop on fire and causing

damage to the property. Sections 11/12/13, 17/18 of the Unlawful Activities (Prevention) Act, 1967, Section

25 Arms Act and Section 66A, 66F Information Technology Act, 2000 were subsequently invoked along with

Sections 121A, 122, 124A, 115, 120B IPC.

iii.

He further deposed that during investigation, on May 31, 2018, at approximately 5:20 AM, while

conducting a checkpoint operation at Adda Achal Sahib, Inspector/SHO Harkrishan Singh along with ASI

Surjit Singh, HC Waryam Singh (No. 3280), HC Hardev Singh (No. 2016), HC Prem Singh (No. 1509) and

PHG Amrik Singh (No. 1750) accompanied by driver HC Jatinderpal Singh (No. 1728) met Sartaj, who

reiterated his statement.Copy of FIR in vernacular is EXHIBIT PW-33/P1 and English translation thereof is

EXHIBIT PW-33/P2.

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[PART II—SEC. 3(ii)]

iv.

He testified that during the investigation, it was revealed that Dharminder Singh (S/O Sarbjit Singh,

R/O Harpura, PS Ghuman), who was on leave from his duties in the army, and Kirpal Singh (S/O Karnail

Singh, R/O Fatehpur, PS Valtoha, District Tarn Taran) had direct links to radical Sikh organizations and

unlawful groups. He stated that these individuals were suspected of providing financial aid to these groups

and were involved in activities such as arson and disseminating Khalistan propaganda. Subsequently, a raid

was conducted at Dharminder Singh's residence, which led to the arrest of both individuals. During the search,

several items were seized, including:

•

A 0.22 bore pistol with three live rounds of 0.32 bore ammunition from Kirpal Singh.

•

From Dharminder Singh’s residence, we recovered a 0.32 bore revolver, three live rounds of 0.32 bore

ammunition, and two rounds of 0.315 bore ammunition. In addition, ₹40,000 in cash was seized, along with

110 posterslabeled“Sikhs for Justice”, three stencils with “Khalistan Zindabad”, a board and fiber sheet

reading “Punjab Referendum 2020”, as well as spray cans, brushes, and two mobile phones (a Samsung and

an Oppo).

v.

He deposed that during their interrogation, the accused confessed their involvement with the Punjab

Referendum 2020 initiative. They admitted to having been in contact with Maan Singh Khalsa, a resident of

the UK, who instructed them to paste Khalistan-related posters and carry out unlawful acts like arson.

vi.

Further , on June 4, 2018, in the presence of DSP Sucha Singh, Dharminder Singh further confessed

that he was working under the instructions of Gurpatwant Singh Pannu (USA), who leads the Punjab

Referendum 2020 Group. Dharminder revealed that Pannun, along with Parmjit Singh Pamma (UK) and

Deep Kaur (Malaysia), encouraged arson attacks and planned targeted killings to disrupt law and order in

Punjab. He disclosed that they had specifically directed him to target Hindu Shiv Sena leaders, RSS shakhas,

and other organizations opposed to Khalistan. Moreover, Pannun and his associates provided financial

support and weapons to carry out these activities.

vii.

PW-33 deposed that based on this confession, Gurpatwant Singh Pannun, Parmjit Singh Pamma, and

others were named as accused under Sections 17 and 18 of the Unlawful Activities (Prevention) Act, 1967,

recorded in GD No. 51 dated June 4, 2018. Further, on September 4, 2018, Nirmal Singh and Harnam Singh

were arrested, and four mobile phones were recovered. Additionally, another accused, Ravinder Singh Raja,

confessed that weapons used in their activities had been sourced from Ravi (Ravipreet Singh, R/O Umarpura).

viii.

He testified that during the course of investigation, the call detail records revealed that accused

Dharminder Singh was part of 36 WhatsApp groups involving members from India and abroad including the

members from Babbar Khala and other radical organizations. Further, on May 24, 2018 a telegram video call

between Dharminder and Ranjeet Singh Rana (UK) was discovered where plans to disturb law and order in

Punjab were discussed. This call was recorded and added to the case file as evidence. Further interrogation

revealed plans by Dharminder Singh and Kripal Singh to assassinate prominent individuals including Sudhir

Kumar Suri Hindu, President Shiv Sena and other leaders such as Navdeep Gupta (Kharar) Chandrakant

Chadha (Ludhiana) and Ranjeet Kumar (Gurdaspur). The directives were issued vide leaders of Babbar

Khalsa International and Khalistan Referendum 2020.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

173

As per GD No. 35 dated June 12, 2018, additional accused were named, including Ranjit Singh Rana

(USA), Amritpal Singh (India), Parmjit Singh Pamma (UK), Maan Singh Khalsa (UK), and Deep Kaur

(Malaysia). Their activities involved plotting attacks, spreading propaganda, and creating disruptions to

further the Khalistan agenda.

ix.

PW-33 also deposed that Dharminder Singh also confessed that Maan Singh (UK) had arranged for

₹60,000–₹65,000 to be sent to Harnam Singh (R/O Chakrala, PS Kartarpur, District Jalandhar). On May 27,

2018, Dharminder and Kirpal Singh collected ₹63,000 from Nirmal Singh at Jandiala Bypass. Based on this

confession, Nirmal Singh and Harnam Singh were named as accused in the case.

x.

He deposed that since some of the accused includingGurpatwant Singh Pannun and Maan Singh, are

residing abroad and have not been arrested, they have been placed in Column 3 of the chargesheet, and the

initiation of extradition proceedings and issuance of Red Corner Notices against them requires the filing of

the challan.

He further testified that during the course of investigation, accused Kirpal Singh s/o Karnail Singh,

Harnam Singh and Nirmal Singh @ Nimma were arrested and the articles recovered at their

instance/possession were taken into possession vide separate recovery memos. True copy of the Recovery

Memos along with English translation thereof is EXHIBIT PW-33/P3 (Colly) and True copy of five

Disclosure Memos of accused Ravinder Singh, Dharminder Singh and Kripal Singh along withEnglish

translation thereofis EXHIBIT PW-33/P4 (colly).

Vernacular copy of the main chargesheet is EXHIBIT PW-33/P5 and English translation thereof is

EXHIBIT PW-33/P6. True copy of order dated 01.12.2018 passed during the course of proceedings is

EXHIBIT PW-33/P7 and order dated 28.01.2020 of the Trial Court is EXHIBIT PW-33/P8. True copy of

charge framed by the learned Trial Court Gurdaspur on 01.06.2019 is EXHIBIT PW-33/P9.

FIR No. 77/2022, Police Station Dera Baba Nanak

xi.

PW-33 further deposed that FIR No.77 dated 4.7.2022 under Section 153B IPC was registered at

Police Station Dera Baba Nanakon a statement given by SI/SHO, who reported that he, along with SI Kailash

Chander (2966/BTL), ASI Afrik Singh (2331/BTL), ASI Kabal Singh (3332/BTL), ASI Malkeet Singh

(3248/BTL), PHC Sukhwinder Singh (2023/BTL), and Constable Manjit Singh (1744/BTL), were on patrol

duty in a government vehicle (No. PB-65-BA-8125) driven by ASI Satinderpal Singh (1864/BTL). They were

conducting check for suspicious activities and monitoring a Naka at Adda Kahlawali Chowk.During patrol,

SI/SHO received information that on the night of July 3–4, 2022, provocative posters were pasted on the

outer wall of the SDM Office in Dera Baba Nanak and on a pillar at the Bus Stand in Dera Baba Nanak. The

posters, written in Punjabi in black marker on white paper, contained the following text:

“Khalsa Raj Sant Baba Jarnail Singh Bhindranwale Punjab da Asli Haq Khalistan Zindabad Hindustan

Murdabad Sikh Kom Jeundi Aa Badla Lavegi”

(“Khalsa Raj Saint Baba Jarnail Singh Bhindranwale is Punjab’s true claim. Long live Khalistan, down

with Hindustan. The Sikh community is alive and will seek revenge.”)

xii.

He testified that according to the information, these posters were instigated by Gurpatwant Singh

Pannun, who resides abroad and claims to be the Chief of SFJ. Further, Gurpatwant Singh Pannun is alleged

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[PART II—SEC. 3(ii)]

to mislead people through provocative speeches on social media, encouraging them to spread such messages.

His actions, along with those of other corrupt elements, are believed to incite hatred and disrupt public

harmony. Thereafter, acting on this information, the SHO and his team visited the SDM Office and Bus Stand

and removed the posters and seized them. He stated that the posters were allegedly intended to disturb the

unity and integrity of the nation, incite hatred among the public, and disrupt peace.

The investigation in the instant FIR is stated to be underway.

True copy of FIR in vernacular is EXHIBIT PW-33/P10 and English translation thereof is

EXHIBIT PW-33/P11 and True copy of Seizure Memo along with English translation thereof is EXHIBIT

PW-33/P12.

FIR No.10/ 2024, Police Station City Batala

xiii.

PW-33 deposed that FIR No.10 dated 31.01.2024was registered at Police Station City Batala on

statement of SI/SHO, who reported that he, along with LR/ASI Rajiv Kumar (No. 2364/BTL), HC Pawandeep

Singh (No. 1686/BTL), and Ct Amandeep Kumar (No. 2495/BTL), were on patrol duty and monitoring for

suspicious activities in a government vehicle bearing registration No. PB-06-M-0649, driven by LR/ASI

Naresh Pal (No. 2561/BTL). While stationed at Nehru Gate, Batala, they received secret information that two

young individuals on a black-colored Activa scooter had pasted posters reading "Khalistan Zindabad" on the

walls of Chakri Bazar, Batala, at approximately 12:30 PM. He stated that the said act had caused public

unrest, with people gathering at the location, expressing anger, and feeling a sense of threat, thereby escalating

tensions among different groups.Acting on this information, SHO and his team visited Chakri Bazar, Batala,

and recovered four white posters with the phrase "Khalistan Zindabad" written in Punjabi in black ink. These

posters were taken into police possession, sealed in separate envelopes marked "S.S." for evidence.

xiv.

He testified that upon reviewing CCTV footage from Chakri Bazar, the officers observed two Sikh

youths riding a black Activa scooter. One appeared to be around 18-19 years old, and the other around 25-26

years old. Local residents identified the older individual as Balwinderjit Singh, son of Harjit Singh, a resident

of Bouli Inderjit, Batala. It was alleged that Balwinderjit Singh, along with his younger associate, acted with

common intent to paste the posters and thereby committed an offense under Sections 153-A and 34 of the

IPC. Both accused were arrested on January 31, 2024, and subsequently granted bail on February 1, 2024,

and February 10, 2024, respectively.

The case is stated to be under investigation.

xv.

True copy of FIR in vernacular is EXHIBIT PW-33/P13 and English translation thereof is

EXHIBIT PW-33/P14; True copy of Arrest Memo along with English translation thereof is EXHIBIT PW-

33/P15; True copy of Seizure Memos along with English translation thereof is EXHIBIT PW-33/P16

(Colly)and True copy of Disclosure Memo of Balwinderjit Singh along with English translation thereof is

EXHIBIT PW-33/P17.

xvi.

PW-33 stated on oath that all the said 3 FIRs have been registered against Gurpatwant Singh Pannun

and his organization SFJ after it was already banned in 2019. This shows that Gurpatwant Singh Pannun and

other leaders of SFJ even after ban was extended by Ministry of Home Affairs vide notification dated

08.07.2024 are continuously indulging in cession and secessionist activities in a clandestine manner and as

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

175

such he was of the view that if the ban is not extended and if SFJ’s unlawful activities are not curbed and

controlled immediately, it will resurrect and revive militancy and terrorism in the State of Punjab in particular

and other parts of the country. It will also escalate its subversive activities including attempts to carve out

Khalistan Nation by separating territory of Punjab from the territory of Union of India by destabilising the

Government established by law.

56.

PW-34

i.

PW-34 Jasmeet Singh Sahiwal, PPS, Superintendent of Police (PBI & Investigation), Faridkot,

tendered his affidavit Exhibit-PW-34/A, after due authorization by the Competent Authority. He deposed

that he is the Supervisory Officer of FIR No. 201 dated 11.06.2022, under Sections 153-A, 153-B, 120-B

IPC, and Section 3 of the Prevention of Defacement of Property Act, 1985, registered at Police Station City

Faridkot, Punjab, mentioned at Serial No. 32 of the Background Note. The contents of the affidavit are stated

to be based on record revealed during the investigation and on his personal knowledge acquired during 10

years of service as a Police Officer. The documents annexed to the affidavit were stated to be true copies of

the respective originals and documents have been marked as exhibits during the course of deposition.

FIR No. 201/2022, Police Station: City Faridkot, Punjab

ii.

PW-34 testified that FIR No.201 dated 11.06.2022u/s 153-A/153-B/120-B IPC, Section 3 Prevention

of Defacement of Property Act 1985, Police Station City Faridkot, Punjab was registered on the complaint of

DSP (S.D.) Sh. Azad Davinder Singh. He stated that as per the FIR, on 11.06.2022, Sh. Azad Davinder Singh

DSP (S.D) FDK along with his gunmen and Reader Staff was proceeding to his office on vehicle No. PB04-

V-3238, whereupon, on the way near the Civil Hospital Faridkot, an informant got the vehicle stopped and

informed that an activist of Sikhs For Justice had written slogan "Khalistan Jindabad" with black ink on the

wall below the flyover on the Talwandi Road, Faridkot. Thereafter, said Informant showed one video on his

mobile phone, in which Gurpatwant Singh Pannun is speaking that “Sikhs working for the cause of liberating

Punjab from the occupation of India have today on June 11 by hoisting the flat of Khalistan at D.C office

Faridkot and by writing Khalistan Zindabad on the wall of District Courts opposite D.C office have shown

that Punjab is on the way of Independence from India:- message of Gurpatwant Singh Pannu General Council

of Sikhs for Justice.”

iii.

Copy of FIR annexed with affidavit in vernacular is Exhibit PW-34/P1A and English translation

thereof is Exhibit PW-34/P1B. Supplementary challan form under Section 173(8) Cr.P.C. is Exhibit PW-

34/P2A and English translation thereof is Exhibit PW-34/P2B. True copy of Recovery Memo of Khalistan

Flag and English translation thereof and Exhibit PW-34/P3A Exhibit PW-34/P3B; Memo presenting pen

drive in vernacular is Exhibit PW-34/P4A and English translation thereof is Exhibit PW-34/P4B.

iv.

PW-34 further deposed that during the course of investigation, it was found that in FIR No.414 dated

20.06.2022 registered u/s 153-A/120-B IPC, 10,13,18 Unlawful Activities (Prevention) Act 1967 and 3 PDPP

PS Civil Line Karnal, accused Manjit Singh son of Harjinder Singh made a confessional statement that on

10,11-06-2022 as per the directions of Gurpatwant Singh Pannu and Vikramjit Singh, had written Khalistan

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[PART II—SEC. 3(ii)]

Jindabad with black colour spray on the wall of house/Kothi of Sessions Judge situated below the Railway

over bridge at Talwandi Road and while leaving the place/spot put up/installed Khalistan flag at the back

side gate of Court and then after going on Motorcycle Platina, made the videography and same was sent on

his Whatsapp. Consequently, accused Manjit Singh son of Harjinder Singh resident of Duldi PS Sadar Nabha

District Patiala and Vikramjit Singh were arrayed as accused in this case.

v.

Thereafter, on 28.07.2022, C-02 Gurpreet Singh No. 830/ Faridkot Cyber and Technical Support

Unit Faridkot produced one pen drive before Sh. Jasmeet Singh, PPS Deputy Superintendent of Police (Sd)

Faridkot and informed that the Pendrive contained that video downloaded from You Tube URL link

(https://youtu.be/MlvICHtC9Xc) in which Gurpatwant Singh Pannun is speaking that "the Sikhs who are

fighting for liberation of Punjab from the occupation of India have hoisted the Khalistan flag in front of the

DC office of Faridkot today on June 11th and have written Khalistan Zindabad on the wall of Court situated

in front of it and has told/showed that it is going on the way of independence from the occupancy of

Independent India".

vi.

Memo presenting pen drive containing video downloaded from YouTube in vernacular is Exhibit

PW-34/P5A and English translation thereof is Exhibit PW-34/P5B; Memo presenting CD dated 20.12.2022

is Exhibit PW-34/P6A and English translation thereof is Exhibit PW-34/P6B; Transcript of the YouTube

videos is Exhibit PW-34/P7A and English translation thereof is Exhibit PW-34/P7B and YouTube video

link is Exhibit PW-34/P8. Copy of charge framed against accused Manjeet Singh is Exhibit PW-34/P9. The

statement of Manjeet Singh pleading not guilty is Exhibit PW-34/P10 which has been inadvertently referred

in the affidavit as the true copy of the cognizance order of supplementary chargesheet.

vii.

PW-34 further deposed that a supplementary chargesheet was filed against accused Vikram Brar @

Vicky on 14.11.2023 which is already Exhibit PW-34/2A along with English translation thereof as Exhibit

PW-34/2B. Exhibit PW-34/12A is the true copy of the statements of ten witnesses along with supplementary

statements recorded under Section 161 Cr.P.C. in vernacular. English translation thereof is Exhibit PW-

34/12B.

viii.

The witness on oath stated that the aforesaid FIR has been registered against Gurpatwant Singh

Pannun and his organization SFJ after it was already banned in 2019. This shows that Gurpatwant Singh

Pannun and other leaders of SFJ even after ban are continuously indulging in cession and secessionist

activities clandestinely and as such, he expressed the view that if the ban to the SFJ is not extended it will

resurrect and revive militancy and terrorism in the State of Punjab and other parts of the country. It will also

escalate its subversive activities including attempts to carve out Khalistan Nation by separating territory of

Punjab from the territory of Union of India by destabilizing the Government established by law.

57.

PW-35

i.

PW-35 Lavdeep Singh Gill, PPS, Deputy Superintendent of Police, Detection, District Moga,

Punjab tendered his affidavit Exhibit PW-35/A with reference to FIR No.13/2023, and Exhibit-PW-35/B

with reference to FIR No.124/2023 after due authorization by the Competent Authority. He deposed that he

is the Supervisory Officer of FIR No.13/2023 dated 27.02.2023 u/s 153-A IPC and Section 3 of The Punjab

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

177

Prevention of Defacement of Property Act, 1997 registered at Police Station Smalsar, District Moga. This

FIR is not mentioned in the Background Note. He further deposed that he is also the Supervisory Officer of

FIR No.124/2023 dated 02.06.2023 u/s 153-A/153-B/505 IPC, registered at Police Station City Moga, Punjab,

mentioned at Serial No. 48 of the Background Note. The contents of the affidavits are stated to be based on

record revealed during investigation as well as his personal knowledge acquired over 30 years of service as a

Police Officer. The documents annexed to the affidavit were stated to be true copies of the respective originals

and documents have been marked as exhibits during the course of deposition.

FIR No. 13/2023, Police Station-Smalsar, District Moga, Punjab

ii.

PW-35 testified that FIR No. 13/2023 dated 27.02.2023 under section 153-A IPC & Section 3 of The

Punjab Prevention of Defacement of Property Act, 1997 was registered at Police Station Smalsar, District

Moga, State Punjab. As per the FIR, on 27.02.2023, ASI Baljinder Singh, reached near GTB Garh in

connection with patrolling and checking of suspected persons when they received a secret information that

on the outer wall of the Polytechnic College Rode, some unknown persons had written “Khalistan Zindabad”

and “G-20 Foreign Minister, Punjab is not a India” with black ink. Further, in this way they have tried to

spread disharmony between general public as well as law and order. FIR was accordingly registered and

investigation was initiated.

The copy of the FIR in Vernacular is Exhibit-PW 35/P1 and English translation thereof is Exhibit-PW-

35/P2.

iii.

He deposed that despite efforts, since the accused could not be traced, an Untrace Report was filed

under Section 173 Cr.P.C. The Untrace Report has been accepted by the Court of Sh. Vijay Kumar

(inadvertently written as Jatinderpal Singh in the affidavit) vide order dated 20.07.2024. Exhibit-PW-35/P3

is the true copy of Untrace Report in vernacular and English translation thereof is Exhibit-PW-35/P4.

FIR No. 124/2023, Police Station-City Moga, Punjab.

iv.

PW-35 further deposed that FIR No.124/2023, dated 02.06.2023 u/s 153-A/153-B/505 IPC, was

registered at Police Station City Moga, Punjab on the complaint of ASI Buta Singh who stated that during

patrolling at Bus Stand Moga, people had gathered and it was revealed that "Khalistan Jindabad" slogans

were written on the bathroom wall of the Bus Stand and ticket counter. Also, a saffron colour flag with

Khalistan written on one side of the flag and khanda printed on another side, was hoisted on the ticket counter.

The said Khalistani slogans were written by some unidentified person/persons to instigate hatred, contempt,

break unity and generate feelings of animosity among citizens.

v.

Exhibit-PW-35/PP1 (referred as P1 in the affidavit Exhibit PW-35/B) is the vernacular copy of

FIR No.124/2023 dated 02.06.2023 PS Moga Punjab. English translation thereof isExhibit-PW-35/PP2

(referred as P2 in the affidavit Exhibit-PW-35/B).

vi.

He further deposed that during investigation of the case, on 03.06.2023 Pritpal Singh s/o Sukhchain

Singh r/o Gholia Khurd and Daljit Singh s/o Gurdev Singh r/o Chuharchak were nominated as accused. On

24.06.2023 accused Daljit Singh and Pritpal Singh were arrested by the police. On the basis of disclosure

statements of Pritpal s/o Sukhchain Singh said GurpatwantPannun has also been nominated as accused vide

DDR No.24 dated 30.06.2023.

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[PART II—SEC. 3(ii)]

vii.

Memo of recovery of spray dated 30.06.2023 in vernacular along with English translation thereof is

Exhibit PW-35/PP3(referred as P3 in the affidavit Exhibit PW-35/B); Confessional statement/disclosure

statement of accused Daljit Singh as well as Pritpal Singh in vernacular along with English translation thereof

areExhibit PW-35/PP4 (referred as P4 in the affidavit Exhibit PW-35/B); GD No.24 dated 30.06.2024 in

vernacular along with English translation thereof is Exhibit PW-35/PP5 (referred as P5 in the affidavit

Exhibit PW-35/B).

viii.

He deposed that the Chargesheet dated 18.11.2023 was filed before the Court of Judicial Magistrate

I Class, Moga, wherein cognizance has been taken. Copy of the Chargesheet in vernacular along with English

translation thereof is Exhibit PW-35/PP6 (referred as P6 in the affidavit Exhibit PW-35/B).The statements

of two witnesses under Section 161 Cr.P.C. in vernacular along with English translation thereof is Exhibit

PW-35/PP7(referred as P7 in the affidavit Exhibit PW-35/B).

ix.

He further stated on oath that both the FIRs have been registered against Gurpatwant Singh Pannun

and his organization SFJ after it was already banned in 2019. This shows that Gurpatwant Singh Pannun and

other leaders of SFJ even after ban are continuously indulging in cession and secessionist activities

clandestinely. He was of the view that if the ban to the SFJ is not extended, it cannot be curbed and controlled

immediately, it will resurrect and revive militancy and terrorism in the State of Punjab in particular and other

parts of the country. It will also escalate its subversive activities including attempts to carve out Khalistan

Nation by separating territory of Punjab from the territory of Union of India by destabilising the Government

established by law.

58.

PW-36

i.

PW-36 Jasbir Singh, Superintendent of Police, Special Branch, District Patiala tendered his affidavit

Exhibit PW-36/A after due authorization by the Competent Authority. He deposed that he is the Supervisory

Officer of FIRs bearing No.148/2022, dated 15.07.2022 u/s 153-A, 153-B, 120-B IPC, Section 3 of

Prevention of Defacement of Property Act, Section 13 of Unlawful Activities (Prevention) Act and Section

18 of Unlawful Activities Amendment Orders Act registered at Police Station Kotwali, District Patiala; FIR

No. 144/2021 dated 26.12.2021 u/s 153-A, 505(2), 505(3), 120-B IPC registered at Police Station Banur,

District Patiala; FIR No.179/2018 dated 22.10.2018 under Sections 25/54/59 Arms Act registered at Police

Station Sadar Samana, District Patiala and FIR No.132/2018 dated 31.10.2018 under Sections 13, 16, 18, 20

of Unlawful Activities Prevention Act, Section 3,4,5 of Explosive Substances Act and Section 25, 54 and 59

of Arms Act and Section 120-B IPC registered at Police Station Lahori Gate, District Patiala, mentioned at

serial Nos.40, 26, 07, and 08 respectively of the Background Note. The contents of the affidavit are stated to

be based on record revealed during investigation as well as on his personal knowledge acquired during 12

years of service as a Police Officer. The documents annexed to the affidavit were stated to be true copies of

the respective originals and documents have been marked as exhibits during the course of deposition.

FIR No. 148/2022, Police Station - Kotwali, District Patiala,Punjab.

ii.

PW-36 testified that FIR No.148/2022 dated 15.07.2022 under Sections 153-A, 153-B, 120-B IPC,

Section 3 of Prevention of Defacement of Property Act, Section 13 of Unlawful Activities (Prevention) Act

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

179

and Section 18 of Unlawful Activities Amendment Orders Act was registered at Police Station Kotwali,

District Patiala on statement of ASI Babu Lal, Police Station Kotwali, Patiala who stated that on 14.7.2022,

he along with HC Gurpiar Singh were on duty at Sri Kali Mata Temple, Patiala. As per FIR, at about 5.30

a.m., ASI Babu Lal and HC Gurpiar Singh reached near a public toilet block situated at the backside of Sri

Kali Mata Temple, Patiala, wherein two electricity transformers are installed and they saw a yellow colour

banner pasted on the wall, whereupon the words "SFJ" and "HUL KHALISTAN REFERENDUM 26

JANUARY" were printed with black ink. The said poster was pasted by a miscreant to cause differences

between Hindus and Sikhs. FIR was accordingly registered and the said poster was removed and taken into

possession vide separate recovery memo.

The copy of the FIR annexed with affidavit in vernacular and its English translation thereof are Exhibit PW-

36/P1 and Exhibit PW-36/P2.

iii.

He further deposed that during the course of investigation, statement of Ashutosh Gautam, General

Secretary of Hindu Suraksha Samiti and member of Veer Haqiqat Rai Sabha was recorded, who reached the

spot when the police were removing the said poster. In his statement, Ashutosh Gautam stated that

Gurpatwant Singh Pannun, who is running Sikhs for Justice (SFJ) Organization, which has been declared

illegal by the Government of India, usually commits such activities to incite communal strife. He further

stated that Harwinder Singh @ Prince, son of Balkar Singh, along with Prem Singh @ Ekam, son of Bachittar

Singh, had pasted the said banner on the backside of temple on the intervening night of 14/15.7.2022. Further,

they also came to know that said provocative banner with Khalistan written on it was being put up with aid

of Discover Motorcycle No.PB-39E-7196. Further, after pasting the poster, said Harwinder Singh @ Prince

and Prem Singh @ Prem had taken photographs and sent them to Gurpatwant Singh Pannun through

Whatsapp, who in turn made video of the same viral on social media. In the said video, Gurpatwant Singh

Pannun is seen stating that “Sikh for justice is sending message to newly elected Bhagwant Mann, Chief

Minister of Punjab and Director General of Police, Punjab Gaurav Yadav, that today the Punjab for

Khalistan Referendums have pasted flag of Khalistan outside the Sri Kali Mata Devi, Patiala. The hands that

are pasting Khalistan Flag, they know now how to tackle the situation and also very well know how to use

rocket. SFJ has assigned referendum in those hands, who know how to use rocket, if you do not stop

registering FIR against SFJ Workers, they can use rockets. This message is of Gurpatwant Singh Pannu”.

The said banner was pasted to create terror in the mind of general public and to misguide the youngsters, on

the directions of Gurpatwant Singh Pannun. Therefore, on the statement of Ashutosh Gautam, accused Prem

Singh @ Prem @ Ekam and Harwinder Singh @ Prince were nominated as accused in the above noted case

on 19.07.2022.

Copy of the statements of witnesses recorded under Section 161 Cr.P.C. along with English translation

thereof, are Exhibit PW-36/P3 (colly).

iv.

He deposed that during the investigation, both the accused were arrested on 19.07.2022 by the police

along with their motorcycle and 14 more such banners/posters were recovered at their instance. Also, offence

under Section 153-B, 120-B IPC and Sections 13 and 18 of Unlawful Activities (Prevention) Act were added

on 20.07.2022 and Gurpatwant Singh Pannun was also nominated as an accused in this case. During the

180

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[PART II—SEC. 3(ii)]

interrogation of said accused, a mobile phone make Vivo containing SIM No.77105-10868 was recovered

from Harwinder Singh. The second SIM for Whatsapp + 6011615451 was recovered in which only whatsapp

was running and was purchased from Malaysia. From these SIMs, it was found that accused Harwinder Singh

@ Prince was in regular touch with Gurpatwant Singh Pannun. It was further revealed that Harwinder Singh

purchased above said motorcycle with Rs.25,000/- transferred in his account by one Gurjot Singh at the

instance of Gurpatwant Singh Pannun. The banners removed from the spot were taken into possession vide

production memo dated 15.07.2022. Furthermore, 14 Banners recovered from accused - Prem Singh and co-

accused Harwinder Singh on 19.07.2022 were taken into possession vide recovery memo. From the facts

stated above, it is clear that accused Prem Singh alongwith co-accused Harwinder Singh received Rs.25,000/-

from Gurpatwant Singh Pannun vide receipt No. 6284377445 dated 9.7.2022 and accused Prem Singh

alongwith accused Harwinder Singh prepared banners on which ‘SFJ PUNJAB’, logo of Khanda mark and

‘HUL KHALISTAN REFERENDUM 26 JANUARY’ was written and pasted behind the Temple of Sri Kali

Mata, Patiala. The said accused indulged in anti-national activities at the instance of Gurpatwant Singh

Pannun.

v.

The witness further deposed that the banner/poster, which was pasted on the backside of the Kali

Mata Temple, was seized on 15.07.2022. 14 banners were also recovered on 19.07.2022 from the motorcycle

of the accused. Furthermore, a video recovered from the mobile phone of the accused was also recovered on

10.05.2023 during investigation. Copy of the recovery memos along with English translation thereof, is

collectively Exhibit PW-36/P4.

vi.

He further stated on oath that after completion of investigation, Chargesheet was submitted before

the Trial Court at Patiala on 17.10.2022. A supplementary charge sheet was also presented before the Trial

Court against all the accused on receipt of prosecution sanction from the Government on 01.08.2023. Charge

is yet to be framed in the said case and last date of hearing was 04.11.2024. Gurpatwant Singh Pannun is still

at large and proceedings for declaring him as a proclaimed offender have been initiated.

Copy of the Chargesheet along with its English translation thereof, is Exhibit PW-36/P5; copy of order dated

18.10.2024 passed by Trial Court is Exhibit PW-36/P6; copy of video clip recovered is Exhibit PW-36/P7.

FIR No. 144/2021, Police Station-Banur, District Patiala

vii.

PW-36 further deposed that FIR No. 144/2021 dated 26.12.2021 under Sections 153-A, 505(2),

505(3), 120-B IPC was registered at Police Station Banur, District Patiala. As per FIR, on 26.12.2021, when

police party headed by Inspector Tejinder Singh, SHO P.S.Banur was present near Bano Mayi Mandir, Banur,

a secret information was received that one Jagmeet Singh and Ravinder Singh are preaching in favour of

Khalistan by visiting different religious and other public places and provoking innocent people to form

Khalistan by voting through referendum and are distributing registration forms for voting. They were also

informed that Jagmeet Singh and Ravinder Singh are also raising slogans like ‘long-live Khalistan’ and ‘the

only way to independence is through Khalistan etc.’ and are pasting posters of the same. These posters and

other material for printing was provided to them by Jagmeet Singh’s mother Jasvir Kaur w/o Kuldeep Singh.

This act of Jasvir Kaur, Jagmeet Singh and Ravinder Singh of pasting posters in favour of Khalistan, writing

slogans in favour of Khalistan and provoking innocent people is against the sovereignty and integrity of India.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

181

It was also noted that Jasvir Kaur sent Jagmeet Singh and Ravinder Singh alongwith the necessary items to

Fatehgarh Sahib on a black and silver coloured motorcycle bearing registration No.PB 48F 8245 make Hero,

to paste posters and write slogans in favour of Khalistan on the walls. The informer also stated that these

people are coming from Fatehgarh Sahib via Rajpura, Banur on the abovesaid motorcycle and if nakabandi

is done, they can be apprehended with heavy quantity of material that is in the favour of Khalistan and against

the country. FIR No.144 dated 26.12.2021 was accordingly registered against Jagmeet Singh, Ravinder Singh

and Jasvir Kaur u/s 153A, 505(2), 505(3), 120-B IPC at Police Station Banur, District Patiala.

The copy of the FIR annexed with affidavit in vernacular along with English translation thereof, are

Exhibit PW-36/P8 and Exhibit PW-36/P9 respectively.

viii.

He further deposed that upon receipt of aforesaid information, nakabandi was done and a motorcycle

bearing registration No. PB-48-F-8245 make Hero coming from Rajpura which was ridden by two Sikh young

men was apprehended. The driver of the motorcycle disclosed his name as Ravinder Singh and the pillion

rider disclosed his name as Jagmeet Singh. Different posters, plastic plates, paint sprays of different colors

and markers etc. were recovered from them. More than 206 forms, posters, plates in favour of Khalistan

along with different coloured spray paints were recovered. During the course of interrogation, the abovesaid

accused disclosed that they were motivated by Jagmeet Singh’s mother and co-accused Jasvir Kaur to preach

about Khalistan and Jasvir Kaur provides them ingredients in favour of Khalistan and today also, she has sent

them to preach at Shahidi Jor Mela at Shri Fatehgarh Sahib and Jasvir Kaur alongwith more forms and posters

etc. Accordingly, Jasvir Kaur was apprehended by the police party and upon checking the carry bag held in

her hand, forms relating to registration of votes to separate Punjab from India referendum and markers etc.

were recovered. The same were taken into possession. Further, during interrogation, she disclosed that they

have registered votes of their whole family to conduct Khalistan referendum and are motivating people of

Shahidi Jor Mela at Sri Fatehgarh Sahib to form Khalistan.

Copy of the statements of witnesses recorded under Section 161 Cr.P.C. along with English

translation thereof, are collectively Exhibit PW-36/10.

ix.

PW-36 further testified that during investigation, it revealed that accused Jagmeet Singh, Ravinder

Singh and Jasvir Kaur are the members of SFJ, which is run by Gurpatwant Singh Pannun. He further stated

that the intention of the organization is to make a separate country, Khalistan due to which, the organization

wants to do a referendum, and for making the same successful, accused persons have become members of

SFJ and have distributed voter-registration form and other printed items in furtherance of the same. The

accused in connivance with each other hatched a calculated conspiracy to undertake activities in furtherance

of the objective of SFJ.

x.

The witness also stated that various materials- 453 forms, 39 posters, plates, 3 bottles of spray paint

from accused Ravinder Singh and Jasmeet Singh were recovered. Furthermore, 100 forms from accused

Jasvir Kaur was recovered as well. Copy of the recovery memos along with English translation thereof, are

collectively Exhibit PW-36/P11.

xi.

PW-36 deposed that after completion of investigation, final report under Section 173 Cr.P.C. was

presented before Trial Court on 24.06.2022 against accused Jagmeet Singh, Ravinder Singh and Jasvir Kaur.

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[PART II—SEC. 3(ii)]

Supplementary challan under Section 173(8) Cr.P.C. after obtaining prosecution sanction, was filed before

the Trial Court on 26.09.2022. The charge against the accused has been framed on 22.09.2022 and the last

date of hearing for prosecution evidence was 19.11.2024.

Copy of the Chargesheet along with English translation thereof, is Exhibit PW-36/P12; copy of order dated

26.09.2024 passed by Trial Court is Exhibit PW-36/P13.

FIR No. 179/2018, Police Station-Sadar Samana, District Patiala

xii.

PW-36 further testified that FIR No.179/2018 dated 22.10.2018 under Sections 25/54/59 Arms Act

was registered at Police Station Sadar Samana, District Patiala. During investigation of FIR No.47 dated

27.02.2018 registered u/s 392 IPC, 25 Arms Act at PS Patran, accused Jarman Singh made a disclosure

statement before Inspector Shaminder Singh that he after committing crime had hidden his 4 weapons at

Village near Bizalpur. Accordingly, the 4 weapons i.e., 32 bore pistol, two countrymade pistols 315 bore and

one rifle 315 bore were recovered and consequently, said FIR No. 179 was registered against Jarman Singh

under Section 25/54/59 Arms Act.

xiii.

He deposed that after completion of investigation, final report was presented before Ld. Trial Court.

Accused Jarman Singh stands convicted by the Trial Court vide judgment dated 03.02.2024. Though, there

is no mention or link found out with SFJ or its office bearers in the said FIR but it is believed that the offence

for which accused Jarman Singh was convicted was done to promote militancy in the State of Punjab which

aligns with Gurpatwant Singh Pannun’s propaganda.

FIR No. 132/2018, Police Station-Lahori Gate, District Patiala, Punjab

xiv.

PW-36 deposed that FIR No.132/2018 dated 31.10.2018 under Sections 13, 16, 18, 20 of Unlawful

Activities Prevention Act, Section 3,4,5 of Explosive Substances Act and Section 25/54/59 Arms Act and

Section 120-B IPC was registered at Police Station Lahori Gate, District Patiala, pursuant to secret

information received by DSP Sukhwinder Singh Chauhan that Sabnamdeep Singh is participating in terrorist

activities, who is part of a terrorist organization, Khalistan Liberation Force (‘KLF’), for some time and is

working for recruiting new members in new organization ‘Khalistan Gadar Force’. Further, he issued press

notes and threat letters on the letter pad of KLJ and is being helped by ISI, KLF, old terrorist and members

of Babbar Khalsa by providing money and arms. It was also informed that Sabnamdeep Singh in connivance

with his accomplices was intending to carry out blast in a crowded place, due to which loss of lives may be

caused and was preparing to spread terrorist activities by murdering numerous people. FIR was accordingly

registered.

xv.

He further testified that during investigation, accused Sabnamdeep Singh was arrested on 01.11.2018

and one pistol alongwith 6 live cartridges, one grenade and letter pads of Khalistan Liberation Force and

Babbar Khalsa International were recovered. On interrogation of accused, Gursewak Singh, Ramesh Kumar

and Vinod Kumar were nominated as accused on 02.11.2018 and offence under Section 120-B IPC was added

in the FIR. Thereafter, one Harmeet Singh @ Meet @ PHD was also nominated as accused on 18.02.2018.

xvi.

He deposed that Final Report under Section 173 Cr.P.C. against accused Sabnamdeep Singh, Ramesh

Kumar, Vinod Kumar and Jatinder Singh @ Binder was presented before the Trial Court on 26.04.2019.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

183

Accused Kulwinderjit Singh was declared Proclaimed Offender by the Competent Court on 17.11.2021 and

was subsequently arrested on 04.04.2024. The case is stated to be pending trial for defence evidence for

18.10.2024.

xvii.

PW-36 further deposed that though there is no mention or link found out with SFJ or its office bearers

in said FIR but it is believed that the offence for which the accused Jarman Singh was convicted was done to

promote militancy in the State of Punjab which aligns with Gurpatwant Singh Pannun’s propaganda.

xviii.

The witness has stated on oath that the investigation of the aforesaid FIRs brings to surface acts

evoking and stirring up Khalistani sentiments in the form of sprayed Pro-Khalistani graffiti and other acts.

This shows that Gurpatwant Singh Pannun and other leaders of SFJ are continuously indulging in cession and

secessionist activities in a clandestine manner. He further expressed the view that if the ban is not extended

and if SFJ’s unlawful activities are not curbed and controlled immediately, it will resurrect and revive

militancy and terrorism in the State of Punjab in particular and other parts of the country. It will also escalate

its subversive activities including attempts to carve out Khalistan Nation by separating territory of Punjab

from the territory of Union of India by destabilising the Government established by law. PW-36 fruther

agreed with the views of Ministry of Home Affairs that if the unlawful activities of the SFJ are not curbed

and controlled immediately, it is likely to resurrect and revive militancy and terrorism in the State of Punjab

and other parts of the country in general.

59.

PW-37

i.

PW-37 Surinder Singh Bhoria, Superintendent of Police, Ambala, Haryana, tendered his affidavit

Exhibit PW-37/A after due authorization by the Competent Authority. He deposed regarding FIR

No.71/2023 dated 04.03.2023 under Section 153A IPC registered at P.S. Ambala Sadar, Ambala, mentioned

at Serial No.64 of the Background Note. He also deposed regarding FIR No.398/2022 dated 28.07.2022 under

Sections 153A and 120B IPC and Section 13 of the Unlawful Activities (Prevention) Act, 1967 registered at

Police Station-Baldev Nagar, Ambala, which does not find mention in the Background Note but is relied upon

as additional evidence. The contents of his affidavit are stated to be based on record revealed during the

investigation and on his personal knowledge acquired during 20 years of service as a Police Officer. The

documents annexed to the affidavit were stated to be true copies of the respective originals and documents

have been marked as exhibits during the course of deposition.

FIR No. 71/2023 Police Station-Ambala Sadar, Ambala

ii.

PW-37 testified that FIR No. 71/2023 dated 04.03.2023 under Section 153A IPC was registered at

P.S. Ambala Sadar, Ambala. As per FIR, on 04.03.2023, EHC Ravindra Singh, Security Agent, Police Station

Ambala Sadar, gave a complaint, stating that he saw a crowd on the Rajpura Flyover while he was going

towards PS: Balana and saw a yellow cloth tied to a wooden stick resembling a flag attached to the cement

railing. The flag had the words “SFJ, KHALISTAN” written in English with black ink. The wall of the bridge

below had the words “KHALISTAN G20 FORGION MINISTOR WELCOME” written in English again

with black ink. Copy of FIR in vernacular is Exhibit PW-37/A1 and English translation thereof is Exhibit

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[PART II—SEC. 3(ii)]

PW-37/A2; copy of Recovery Memo dated 04.03.2023 is Exhibit PW-37/A3 and its English translation

thereof is Exhibit PW-37/A4.

iii.

He further deposed that the statement of witness EHC Ravinder Singh was recorded under Section

161 Cr.P C. and copy of the same in vernacular is Exhibit PW-37/A5. English translation thereof is Exhibit

PW-37/A6.

iv.

Witness stated on oath that despite investigation, the identity of the accused could not be ascertained

and, therefore, an Untrace Report dated 25.10.2024 was filed before the Trial Court. Copy of the Untrace

Report in vernacular is Exhibit PW-37/A7 and English translation thereof is Exhibit PW-37/A8.

FIR, No. 398/2022,Police Station-Baldev Nagar, Ambala

v.

PW-37 testified that the FIR No.398/2022 dated 28.07.2022 under Sections 153A and 120B IPC &

Section 13 of Unlawful Activities (Prevention) Act, 1967 was registered at Police Station-Baldev Nagar,

Ambala.As per FIR, on 28.07.2022 Jasbir Chand, EHC C-1, Security Agent, Police Station Baldev Nagar,

District Ambala received information that a banner pertaining to Khalistan had been hoisted on M.T.

Crossing, Air Force Station Road upon which Jasbir Chand along with ASI Waryam Singh, EHC Krishan

Kumar and Constable Rakesh Kumar reached at the spot. Copy of FIR in vernacular is Exhibit PW-37/A9

and English translation thereof is Exhibit PW-37/A10; copy of the statement of complainant under Section

161 Cr.P.C. in vernacular along with English translation thereof are Exhibit PW-37/A11 and Exhibit PW-

37/A12 respectively.

vi.

He deposed that a banner with the words “HARYANA BANEGA KHALISTAN-REFRENDUM

VOTING 26th JANUARY” along with a religious sign was recovered during investigation. Copy of seizure

memo dated 28.07.2022 in vernacular along with photograph and English translation thereof are Exhibit PW-

37/A13 and Exhibit PW-37/A14 respectively.

vii.

The witness further deposed that investigation led to accused Harvinder Singh @ Prince and Prem

Singh @ Ekam, who were already in judicial custody in FIR No.148 dated 15.07.2022, u/Section 153-A, 153

B, 120B IPC, 3 PDPP Act, 13 UAP Act, PS Kotwali Patiala, Punjab. The accused persons had already made

disclosure statements which revealed that they had put up the banner on instructions of Gurpatwant Singh

Pannun. Copy of statement of ASI Mewa Singh under Section 161 Cr.P.C. in vernacular along with English

translation thereof are Exhibit PW-37/A15 and PW-37/A16 respectively.

viii.

He further testified that accused Harvinder Singh @ Prince was arrested on 22.11.2022 and the

accused Prem Singh @ Ekam was arrested on 31.01.2023. It emerged that accused received the banner from

one Harsh resident of Amritsar, who is leader of the Khalistani movement. Accused also revealed that Harsh

is an admin of a WhatsApp group created by Gurpatwant Singh Pannun. Accused Prem Singh @ Ekam also

admitted that he has received an amount of Rs.25,000/- from Gurpatwant Singh Pannun which was withdrawn

by him from Western Union Money Transfer, Rajpura by giving his Aadhar Card. Copy of disclosure

statement of Harvinder Singh @ Prince in vernacular along with English translation thereof are Exhibit PW-

37/A17 and PW-37/A18 respectively; copy of the disclosure statement of Prem Singh @ Ekam in vernacular

along with English translation thereof is Exhibit PW-37/A19 and PW-37/A20 respectively.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

185

ix.

He further deposed that in the light of evidence collected during investigation, offences under

Sections 153-A, 120-B IPC & Section 13 Unlawful Activities (Prevention) Act were invoked against accused

Harvinder Singh @ Prince, Prem Singh @ Ekam and Gurpatwant Singh Pannunn. A final report was filed

under Section 173 CrPC on 17.02.2023 and the case was committed to the Sessions Court, Ambala, vide

order dated 24.03.2023. Charge was framed against accused Harvinder Singh @ Prince and accused Prem

Singh @ Ekam. The matter is stated to be pending for prosecution evidence and the next date of hearing was

fixed for 16.12.2024. Copy of the Chargesheet dated 14.02.2023 filed in FIR No.398 dated 22.07.2022 in

vernacular along with English translation thereof is Exhibit PW-37/A21 and Exhibit PW-37/A22

respectively; copy of order dated 18.12.2023 passed by Additional Sessions Judge is Exhibit PW-37/A23;

copy of order dated 24.03.2023 passed by JMIC, Ambala is Exhibit PW-37/A24.

x.

PW-37 further deposed that application for bail preferred on behalf of accused Prem Singh @ Ekam

Prince was dismissed vide order dated 27.09.2024 passed by the Additional Sessions Judge, Ambala and the

copy of the same is Exhibit PW-37/A25. Application for bail preferred on behalf of accused Harvinder Singh

@ Prince was dismissed vide order dated 02.04.2024 by the Additional Sessions Judge, Ambala and the copy

of the same is Exhibit PW-37/A26.

xi.

Witness stated on oath that the aforesaid FIRs have been registered against Gurpatwant Singh

Pannunn and his organization SFJ after it was already banned in 2019. This shows that Gurpatwant Singh

Pannunn and other leaders of SFJ even after ban are continuously indulging in cession and secessionist

activities clandestinely. PW-37 expressed the view that if the ban to the SFJ is not extended, it cannot be

curbed and controlled immediately, it will resurrect and revive militancy and terrorism in the State of Punjab

in particular and other parts of the country.

60.

PW-38

i.

PW-38 Manmohan Singh, Assistant Commissioner of Police Headquarters, Commissionerate

Jalandhar, tendered his affidavit Exhibit PW-38/A after due authorization by the Competent Authority. He

deposed that he is the Supervisory Officer of FIR No.76/2022 dated 15.06.2022 under Sections 124-A, 153-

A, 153-B and 120-B IPC registered at Police Station: Division No. 3, District- Commissionerate, Jalandhar,

Punjab; FIR No. 66/2022 dated 30.06.2022 under Section 121-A, 124-A, 153-A, 120-B of IPC and Sections

66(A), 66(F) of IT Act registered at PS Cantt, Commissionerate, Jalandhar and FIR No.102/2022 dated

28.08.2022, under Section 121-A,124-A,153-A,120-B IPC and 66 (A), 66 (F) of IT Act registered at Police

Station Navi Baradari Commissionerate, Jalandhar, which are mentioned at Serial No.34, 37, and 42 of the

Background Note. The contents of the affidavit are stated to be based on record revealed during the

investigation as well as on his personal knowledge acquired during 25 years of service as a Police Officer.

The documents annexed to the affidavit were stated to be true copies of the respective originals and have been

marked as exhibits during the course of deposition.

FIR No. 76/2022, Police Station-Division No. 3, District Commissionerate, Jalandhar, Punjab.

ii.

PW-38 testified that FIR No.76/2022 dated 15.06.2022 under Sections 124-A, 153-A, 153-B and

120-B IPC was registered at Police Station: Division No. 3, District- Commissionerate, Jalandhar, Punjab.

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[PART II—SEC. 3(ii)]

Later on, Section 124-A IPC was deleted. Also, Section 13 of Unlawful Activities (Prevention) Act, 1967

which were added during investigation stands deleted.Further, Section 3 of Prevention of Defacement

Property Act, 1985 was added during investigation. As per FIR, during intervening night of 14-15/06/2022,

a secret information was received by the police party of PS Division No. 3 that some unknown person has

written "Khalistan Zindabad' on the wall outside the office of one Sh. Gulshan Sharma in black ink which is

situated in the area of Mohalla Lakshmipura Jalandhar, with an intent to create an anti-national movement.

On the basis of the same, aforesaid FIR was registered.

iii.

He further deposed that accused Manjit Singh @ Meet s/o Harjinder Singh alias Jinder son of

Amarjit Singh r/o Village Duldi Police Station: Sadar-Nabha, district Patiala was arrested on 12.07.2022.

Other accused namely Gurpatwant Singh Pannun s/o Mohinder Singh Pannun R/o Village Khankot, PS Ram

Bagh, Distt. Amritsar City and H. No.2033, Sector 15-C, Chandigarh, present address 167-05, Powells Blvd.,

Unit 22, White Stone, NY-11375, USA and accused Vikramjit Singh S/o unknown resident of USA are yet

to be arrested.

iv.

He deposed that during the course of investigation, accused Manjit Singh made a

confessional/disclosure statement that during the midnight of 14-15/06/2022 he was present in the street near

Devi Talab Mandir, Lakshmipura Mohalla, Jalandhar on his motorcycle Platina No. PB-34C-3336 and had

written the words ‘Khalistan Jindabaad’ in Punjabi with Spray on the said wall under the street light and also

made a video of writing which was forwarded to co-accused Gurpatwant Singh Pannun and Vikramjeet Singh

Khalsa. Supplementary statement under Section 161 of Cr.P.C. of witness Gulshan Kumar Sharma owner of

the said property was recorded by the police. The witness also saw the video on social media i.e. YouTube

of his office, wherein on his office wall words 'Khalistan Zindabaad' were written and he downloaded the

video from the YouTube and submitted the same in a pen drive to the police. Chargesheet was accordingly

filed in the Court of Sh. Joginder Singh, JMIC, Jalandhar against accused Manjit Singh. He further stated that

supplementary Chargesheet against co-accused Gurpatwant Singh Pannun and Vikramjit Singh will be

presented in the concerned Court as and when the co-accused are arrested.

v.

He deposed that a supplementary challan (police report) under section 173(8) of Cr.P.C. has been

submitted on 15.03.2023 by the S.H.O of PS Division No. 3 in the Court of Sh. Sarabjit Singh Dhaliwal, ASJ,

Jalandhar. Accused Manjit Singh was discharged by the Trial Court on 19.04.2023. The co-accused are yet

to be arrested and investigation qua them is pending. A true copy of FIR in vernacular is Exhibit PW-38/P1

and English translation thereof is Exhibit PW-38/P2; copy of confessional statement of accused Manjit

Singh is Exhibit PW-38/P3 and English translation thereof is Exhibit PW-38/P4; copy of statement of ASI

Dev Raj recorded under Section 161 Cr.P.C. is Exhibit PW-38/P5 and English translation thereof is Exhibit

PW-38/P6; copy of supplementary statement of witness Gulshan Kumar Sharma recorded under Section 161

Cr.P.C. is Exhibit PW-38/P7 and English translation thereof is Exhibit PW-38/P8; pen drive containing the

video footage is Exhibit PW-38/P9 and copy of transcription thereof is Exhibit PW-38/P10; copy of

certificate under Section 65-B of Indian Evidence Act is Exhibit PW-38/P11 and English translation thereof

is Exhibit PW-38/P12; copy of Chargesheet is Exhibit PW-38/P13 and English translation thereof is

Exhibit PW-38/P14; copy of supplementary Chargesheet is Exhibit PW-38/P15 and English translation

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

187

thereof is Exhibit PW-38/P16; certified copy of order dated 19.04.2023 discharging accused Manjit Singh

is Exhibit PW-38/P17 and true copy of the same is Exhibit PW-38/P18.

FIR No. 66/2022, Police Station-Cantt., Commissionerate, Jalandhar

vi.

PW-38 deposed that FIR No. 66/2022 dated 30.06.2022 under Section 121-A, 124-A, 153-A, 120-B

of IPC and Sections 66(A), 66(F) of IT Act was registered at PS Cantt, Commissionerate, Jalandhar. As per

FIR, SI Ranjit Singh stated that on 30.06.2022 he along with SI Yoga Singh, Const, Amanjit Singh were on

government gypsy No. PB-12D-0081 driven by ASI Ravinder Pal Singh on patrolling duty. About 3:15 AM

near Gate 1, Bhoormandi side, PAP complex, they saw the wall of PAP Complex on which ‘04 July 1955 26

January Vota Khalistan Zindabad’ was written with black ink. Thereafter, he came to know from a video,

viral on social media that this was planned by one Gurpatwant Singh Pannun, who is a Khalistani supporter

living abroad and wants to disturb the peace and harmony of Punjab and create an anti-national movement to

break the country. FIR was accordingly registered.

vii.

The witness further deposed that said viral video was downloaded and saved in a pen drive, which

was taken into possession. During investigation, it was found that accused Raman @ Sonu had made a

disclosure statement in another FIR No.102 dated 28.08.2022 u/s 121-A, 124-A, 153-A, 120-B IPC 66-F IT

ACT 2000 registered at PS Navi Baradari. In the said disclosure statement, accused Raman @ Sonu stated

that in June 2022 he himself wrote words ‘Khalistan Zindabad and 4 July 1955’ on the walls of PAP

Complex/headquarters Jalandhar. Accordingly, accused Raman @ Sonu, after obtaining production warrants,

was arrested in present case on 30.09.2024. Accused Raman @ Sonu confessed that Bikramjit Singh Khalsa

called him on WhatsApp and asked him to write the said words for which he received Rs.40,000/-.

viii.

He further deposed that the Chargesheet was filed on 17.12.2022 after investigation. After obtaining

sanction from the Competent Authority, a supplementary Chargesheet was submitted u/s 173(8) Cr.P.C. on

05.08.2024. Charge has been framed against the accused by the concerned Court vide order dated 14.08.2024.

The case is stated to be at the stage of prosecution evidence and the last date of hearing was scheduled

for 05.11.2024. Acopy of FIR in vernacular is Exhibit PW-38/P19 and English translation thereof is

Exhibit PW-38/P20; memo of production of pen drive is Exhibit PW-38/P21 and English translation

thereof is Exhibit PW-38/P22; pen drive containing video footage is Exhibit PW-38/P23 and transcription

thereof is Exhibit PW-38/P24; copy of statement of witness L/CT Ravinder Kaur No.2697/Jalandhar

recorded under Section 161 Cr.P.C. is Exhibit PW-38/P25 and English translation thereof is Exhibit PW-

38/P26; copy of Chargesheet in vernacular is Exhibit PW-38/P27 and English translation thereof is Exhibit

PW-38/P28; copy of supplementary Chargesheet in vernacular is Exhibit PW-38/P29 and English

translation thereof is Exhibit PW-38/P30; copy of order on charge dated 14.08.2024 and order dated

27.09.2024 is Exhibit PW-38/P31 and the true copy thereof is Exhibit PW-38/P32.

FIR No. 102/2022, Police Station-Navi Baradari, Commissionerate Jalandhar

ix.

PW-38 further testified that FIR No.102/2022 dated 28.08.2022, under Section 121-A,124-A,153-

A,120-B of IPC and 66 (A), 66 (F) of IT Act was registered at Police Station: Navi Baradari Commissionerate,

Jalandhar. Section 3 of Punjab Prevention of Defacement Property Act and Section 66 (A) of IT Act were

invoked later on. As per FIR, on 28.08.2022, Inspector Anil Kumar along with other police officials were

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[PART II—SEC. 3(ii)]

present at Kamal Palace Hotel, Chowk, Jalandhar, wherein secret information was received that some

unknown mischievous persons have written the words ‘Khalistan Zindabad Hindustan Murdabad’ on the

statue of Shaheed Beant Singh, former Chief Minister of Punjab, situated at BMC Chowk, Jalandhar, to create

an anti-national movement for creating Khalistan. The secret informer also informed that he came to know

from social media that this was planned by one Gurpatwant Singh Pannun who is a Khalistani supporter living

abroad and wants to disturb the peace and harmony of Punjab. FIR was accordingly registered.

x.

He deposed that during investigation, the said viral video was downloaded from the social media,

saved in a pen drive and taken into possession. Further, on the basis of secret information Sam s/o Kashmir

Singh, Raman @ Sonu and Lakhwinder Singh @ Lakha were arrested. On interrogation, Rama @ Sonu

disclosed that some days ago Lakhwinder Singh @ Hargun contacted him and asked him to write ‘Khalistan

Zindabad’ on the statute of Beant Singh for which he received Rs.15000/- in cash and was promised Rs.7500/-

later on. Accused Raman alias Sonu also disclosed that Bikramjit Singh Khalsa also called him through

WhatsApp and asked him to write above words and for the said task, he had received Rs.60,000/- out of which

he kept Rs.30,000/- with himself and Rs.15,000/- each was shared with other co-accused.

xi.

PW-38 further deposed that on completion of investigation, Chargesheet was filed in the Court of

Smt. Jyotika Sood JMIC/JAL on 05.12.2022. After obtaining the sanction from the Competent Authority and

other relevant documents, supplementary Chargesheet U/S 173 (8) Cr.P.C. was prepared on 25.09.2023 and

was submitted in the Court of Sh. K.K. Jain, Jalandhar on 26.09.2023. Further, charge has been framed by

the Court and the case is at the stage of prosecution evidence. True copy of FIR in vernacular is Exhibit PW-

38/P33 and English translation thereof is Exhibit PW-38/P34; memo of production of pen drive is Exhibit

PW-38/P35 and English translation thereof is Exhibit PW-38/P36; pen drive containing video footage is

Exhibit PW-38/P37 and transcript thereof along with English translation is Exhibit PW-38/P38; true copy

of statement of HC Amit Singh in vernacular along with English translation thereof are Exhibit PW-38/P39

and Exhibit PW-38/P40 respectively; true copy of Chargesheet in vernacular is Exhibit PW-38/P41 and

English translation thereof is Exhibit PW-38/P42; true copy of supplementary Chargesheet in vernacular is

Exhibit PW-38/P43 and English translation thereof is Exhibit PW-38/P44; copy of order framing charge

dated 05.02.2024 is Exhibit PW-38/P45 and true copy thereof is Exhibit PW-38/P46.

xii.

PW-38 stated on oath that all the aforesaid 03 FIRs have been registered against Gurpatwant Singh

Pannun and his organization SFJ after it was already banned in 2019. This shows that Gurpatwant Singh

Pannun and other leaders of SFJ even after ban was extended by Ministry of Home Affairs vide notification

dated 08.07.2024 are continuously indulging in cession and secessionist activities in a clandestine manner.

He was of the view that if the ban is not extended and if SFJ’s unlawful activities are not curbed and controlled

immediately, it will resurrect and revive militancy and terrorism in the State of Punjab in particular and other

parts of the country.

61.

PW-39

i.

PW-39 Tejinder Pal Singh Brar, PPS, Deputy Superintendent of Police, Sub Division Abohar,

Fazilka, Punjab, tendered his affidavit Exhibit PW-39/A after due authorization by the Competent Authority.

He deposed regarding FIR No.91/2020 dated 02.07.2020 u/s 153/153-A IPC, registered at PS Sadar Abohar,

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

189

Fazilka, Punjab. The said FIR is not mentioned in the Background Note but is relied upon as additional

evidence. The contents of the affidavit are stated to be based on recordrevealed during the investigation as

well as on his personal knowledge acquired during the course of his service as a Police Officer. The

documents annexed to the affidavit were stated to be true copies of the respective originals and have been

marked as exhibits during the course of deposition.

FIR No. 91/2020, Police Station-Sadar Abohar, District Fazilka, Punjab

ii.

PW-39 testified that FIR No.91/2020 dated 02.07.2020 was registered u/s 153,153-A IPC at P.S.

Sadar Abohar, District Fazilka, Punjab after some pamphlets of anti-national and pro-Khalistani slogans like

“Sikha De Sare Masle Khalistan Vich Hi Hal Honge & Khalistan” were pasted on the water tank (near

Khalinda Ram Dhani). FIR was accordingly registered against unknown persons. Copy of the FIR annexed

with affidavit is Exhibit PW-39/P1 and English translation thereof is Exhibit-PW-39/P2.

iii.

Witness deposed that during the investigation, pamphlet pasted on the water tank on Khalinda Ram

Dhani road on which it was written “Sikha De Sare Masle Khalistan Vich Hi Hal Honge and Khalistan” was

recovered. Copy of recovery memo of pamphlet dated 02.07.2020 is Exhibit PW-39/P3 and English

translation thereof is Exhibit PW-39/P4. Further, on the statement of Sukhdev Singh s/o Gurdev Singh,

Resident of Dhani Karaka Singh, accused, namely (i) Surinder Kumar son of Gopi Ram, (ii) Mandeep Singh

@ Vakil Singh son of Mander Singh, (iii) Lakhwinder Singh @ Lakhi son of Nachattar Singh, (iv) Harvinder

Singh son of Baldev Singh, (v) Manprit Singh son of Vakil Singh residents of village Malookpura were

nominated in the case vide Rapat No. 28 dated 03.07.2020. It is stated that pursuant to being named in FIR

No. 91 of 2020 on 03.07.2020, accused Surinder Kumar s/o Gopi Ram, Mandeep Singh @ Vakil Singh s/o

Mander Singh, Iqbal Singh and Juvinile Lakhwinder Singh @ Lakhi s/o Nachattar Singh were arrested.

Further, raid was conducted by the police party at the residence of accused Surinder Kumar s/o Gopi Ram

and Ten (10) Khalistani poster were recovered at his instance. True Copy of recovery memo of 10 Khalistani

posters dated 06.07.2020 is Exhibit PW-39/P5 and English translation thereof is Exhibit PW-39/P6.

iv.

He further deposed that during the course of investigation, accused Surinder Kumar confessed and

made a statement under Section 27 of Evidence Act that the Khalistani posters were affixed in village

Malookpur by Mandeep Singh @ Killa s/o Mander Singh, Lakhwinder Singh @ Lakhi s/o Nachattar Singh,

residents of village Malookpur. In respect of affixing of these posters, Iqbal Singh @ Ivan s/o Bikar Singh,

r/o village Malookpur, Mandeep Singh @ Killa and Lakhwinder Singh @ Lakhi after affixing of these posters,

informed Surinder Kumar through mobile phone. Copy of statement of Surinder Kumar under Section 27

Evidence Act dated 06.07.2020 is Exhibit PW-39/P7 and English translation thereof is Exhibit PW-39/P8.

True Copy of GD No.28 dated 03.07.2020 whereby accused were nominated as referred above is Exhibit

PW-39/P9 and English translation thereof is Exhibit PW-39/P10. Further, a raid for arrest of accused Iqbal

Singh was conducted in terms of GD No.27 dated 06.07.2020. True Copy of GD No. 27 dated 06.07.2020 in

vernacular is Exhibit PW-39/P11 and English translation thereof is Exhibit PW-39/P12.

v.

He deposed that after investigation by SSP Fazilka, incriminating evidence could not be found against

accused Mandeep Singh @ Killa, Lakhwinder Singh @ Lakhi, Iqbal Singh @ Ivan, Harvinder Singh,

190

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[PART II—SEC. 3(ii)]

Manpreet Singh and Jaspal Singh and the same was recorded vide GD No.43 dated 15.07.2020. Copy of GD

dated 15.07.2020 in vernacular is Exhibit PW-39/P13 and English translation thereof is Exhibit PW-39/P14.

vi.

He further stated that the Chargesheet was thereafter filed against Surinder Kumar son of Gopi Ram

before the concerned Court on October 04, 2022. Copy of Chargesheet in vernacular is Exhibit PW-39/P15

and English translation thereof is Exhibit PW-39/P16. Charge was framed against accused Surinder Kumar

on March 16, 2023 and copy of the order on charge is Exhibit-PW-39/P17. The case is stated to be pending

trial before the Court of JMIC, Abohar. Copy of order dated 02.09.2024 passed by the Trial Court is Exhibit

PW-39/P18 and the case was listed on 12.12.2024 for prosecution evidence.

vii.

He further stated on oath that based on his personal knowledge acquired during the course of his

service as a Police Officer, he fully agree with the conclusions derived by the Central Government that despite

being banned for five years under the provisions of UAPA, SFJ, through various illicit and illegitimate ways

and channels, has since 2019 continued its unlawful activities, which are prejudicial to internal security of

India and public order, and have the potential of disrupting peace, the unity and integrity of the country.

62.

PW-40

i.

PW-40 Harwinder Pal Singh, DSP/SSOC/Amritsar, tendered his affidavit Exhibit PW-40/A after

due authorization by the Competent Authority. He deposed that he is the Supervisory Officer of FIR No.03

of 2019 u/s 25 of Arms Act, 1959 registered at SSOC/Amritsar; FIR No.06 of 2020 u/s 124-A IPC, Sections

10A and 13(1) of Unlawful Activities (Prevention) Act, 1967, registered at SSOC/SAS Nagar; FIR No.07 of

2021 u/s 120B, 124A, 153, 153A, 153B IPC registered at SSOC/SAS Nagar, and FIR No.02 of 2024 u/s 153,

153-A, 505, 120-B IPC, registered at SSOC/SAS Nagar, mentioned at Serial No. 09, 15, 24, and 53

respectively of Background Note. The contents of the affidavit are stated to be based on record revealed

during investigation as well as on his personal knowledge acquired as the Supervisory Officer of the FIRs.

The documents annexed to the affidavit were stated to be true copies of the respective originals and documents

have been marked as exhibits during the course of deposition.

FIR No. 03/2019, PS- SSOC/Amritsar

ii.

PW-40 testified that FIR No. 03 of 2019 under Section 25 of Arms Act, 1959 was registered at

SSOC/Amritsar. Section 13 Unlawful Activities (Prevention) Act, 1967 was later on added on 18.03.2019.

On receipt of secret information that Baljit Singh, Jagdev Singh @ Jagga and Manjit Singh, who are in

possession of illicit weapons were planning to carry out a major criminal activity in the area, SI Sukhbir Singh

raided the spot and arrested Baljit Singh, Jagdev Singh @ Jagga and Manjit Singh and recovered 02 Pistols

0.32 bore along with 03 Magazines and 14 live cartridges from their possession. The aforesaid FIR was

accordingly registered. Copy of FIR in vernacular is Exhibit PW-40/P1 and English translation thereof is

Exhibit PW-40/P2; copy of seizure memos along with English translation thereof are collectively Exhibit

PW-40/P3; copy of disclosure statement of Baljit Singh under Section 27 Evidence Act in vernacular along

with English translation thereof is Exhibit PW-40/P4.

iii.

He deposed that Chargesheet in the abovementioned case was filed on 27.05.2019 and charges under

the Arms Act against the accused were framed on 03.09.2019. Investigation under Section 173(8) Cr.P.C.

[भाग II—खण् ड 3(ii)]

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with regard to offences under UAPA is still in progress. Copy of Chargesheet in vernacular along with English

translation thereof is collectively Exhibit PW-40/P5 and copy of order on charge dated 03.09.2019 is Exhibit

PW-40/P5A.

FIR No. 6/2020, PS- SSOC (SAS Nagar), Punjab.

iv.

PW-40 further testified that FIR No.6 of 2020 under Sections 124-A IPC, Sections 10A and 13(1) of

Unlawful Activities (Prevention) Act, 1967 was registered at SSOC (SAS Nagar), on 10.04.2020, on receipt

of complaint of DSP Rakesh Kumar Yadav regarding a pre-recorded audio message received by him which

was sent by Gurpatwant Singh Pannun from an international number +18336101020 belonging to region of

North America. In the said message, Gurpatwant Singh Pannun is instigating vulnerable Youth of Punjab by

stating that Central & Punjab Government are torturing the youth by enforcing curfew (lockdown) during

COVID-19 and advocated secession of Punjab from the union of India. Copy of the FIR annexed with

affidavit is Exhibit PW-40/P6 and English translation thereof is Exhibit PW-40/P7; copy of transcript of

the pre-recorded audio message along with audio contained in pendrive is Exhibit PW-40/P8; copy of ‘voice

sample download memo’ in vernacular along with English translation thereof and Certificate u/s 65-B of the

Evidence Act, 1872 is collectively Exhibit PW-40/P9; copy of report of FSL Punjab regarding matching of

specimen voice sample and question voice sample is Exhibit PW-40/P10; copy of the order dated 09.08.2024

declaring Gurpatwant Singh Pannun as proclaimed offender is Exhibit PW-40/P11. Preparation of the

chargesheet in the case is stated to be under process and is likely to be shortly filed.

FIR No. 7/2021 PS- SSOC (SAS Nagar), Punjab.

v.

PW-40 deposed that FIR No. 7 of 2021 under Section 120B, 124A, 153, 153A, 153B IPC was

registered at SSOC (SAS Nagar). Later on, Section 17, 18 and 20 of Unlawful Activities (Prevention) Act,

1967 were invoked. The said FIR was registered by SI Manpreet Singh on receipt of secret information that

Gurwinder Singh alias Baba, Jagwinder Singh, Sukhdev Singh alias Rinku and Jagjit Singh Mangat are

putting up pro-Khalistan posters in Rupnagar, Mohali, Fatehgarh Sahib, Khanna and Ludhiana on which

“Punjab Referendum 2020” is written. As per the secret information Gurpatwant Singh Pannun instructed

Harpreet Singh alias Rana Singh, a resident of USA, Bikramjit Singh, a resident of USA and Gursahai Singh

Makhu a resident of USA to provide financial help as well as all kind of other help to Gurwinder Singh alias

Baba, Jagwinder Singh, Sukhdev Singh alias Rinku and Jagjit Singh Mangat to disturb peace in Punjab.

A copy of the FIR in vernacular is Exhibit PW-40/P12 and English translation thereof is Exhibit

PW-40/P13; copy of the recovery memo dated 17.09.2021 in vernacular along with English translation

thereof is Exhibit PW-40/P14.

vi.

He further deposed that during investigation, accused Gurvinder Singh disclosed that he had

hidden the frames to print the posters of Khalistan, some printed Khalistani flags, posters and some other

objectionable material in his tube well in his farm at village Lotto District Ludhiana. Based upon this

disclosure, frames and spray paint were recovered. Copy of the disclosure statement dated 20.09.2021 along

with English translation thereof is Exhibit PW-40/P15; copy of recovery memo dated 20.09.2021 along with

English translation thereof is collectively Exhibit PW-40/P16; copy of Photographs recovered in FIR

No.7/2021 is collectively Exhibit PW-40/P17.

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[PART II—SEC. 3(ii)]

vii.

He deposed that the chargesheet in the case was filed u/s 123A, 153A,153B, 120B IPC, 17, 18, 20

and 40 Unlawful activities Prevention Act 1967 against Gurwinder Singh @ Baba, son of Harpreet Singh, r/o

house no. 84, Assapatti Rampur, Distt. Ludhiana, Jagwinder Singh s/o Gurmail Singh r/o H.No 16, Ward No.

13 Jogian Wala Mohalla, Morinda, Rupnagar, Sukhdev Singh @ Rinku son of Karnail Singh resident of

Morinda Rupnagar, Jagjit Singh Mangat resident of Ludhiana and 06 others namely Gurpatwant Singh

Pannun R/o USA, Harpreet Singh @ Rana R/o USA, Bikramjit Singh R/o USA, Gursahai Singh Makhu R/o

USA, Rajinder Singh R/o USA & Kamal R/o USA, who are yet to be arrested. True copy of the Chargesheet

along with English translation thereof is collectively Exhibit PW-40/P18. Charge in the present case has

been framed and the trial is pending.

FIR No. 2/2024, Police Station-SSOC SAS Nagar, Punjab

viii.

PW-40 deposed that FIR No.2/2024 dated 17.01.2024, u/s 153, 153-A, 505, 120-B IPC was registered

at PS SSOC SAS Nagar by Inspector Sukhwinder Singh Mann, Counter Intelligence Patiala, on receipt of

information that Jagdish Singh s/o Mangal Singh, Davinder Singh s/o Kulwant Singh, Manjit Singh s/o Kaka

Singh, all resident of Patiala, have written slogans Khalistan Zindabad on the instructions of Gurpatwant

Singh Pannun. Copy of FIR in vernacular is Exhibit PW-40/P19 and English translation thereof is Exhibit

PW-40/P20.

ix.

He further deposed that during investigation, a saffron colored yellow cloth along with 05 bottle of

spray was recovered. The same were taken into possession vide seizure memo dated 18.01.2024, which is

Exhibit PW-40/P21 along with English translation thereof. The video containing the clipping of Gurpatwant

Singh Pannun along with transcript in English is Exhibit PW-40/P22. The video was provided by a reliable

source. The chargesheet has been prepared and sanction from Department of Home Affairs & Justice, Punjab

u/s 153-A IPC is awaited.

x.

PW-40 further stated on oath that the aforesaid FIRs show that Gurpatwant Singh Pannun and other

leaders of SFJ are continuously indulging in cessation and secessionist activities. As such, he was of the view

that if the ban to the SFJ is not extended or be curbed and controlled immediately, it will resurrect and revive

militancy and terrorism in the State of Punjab in particular and other parts of the country.

63.

PW-41

i.

PW-41 Babulal Meena, Additional Superintendent of Police, GRP Circle Bikaner, District GRP

Jodhpur (Rajasthan), tendered his affidavit Exhibit PW-41/A after due authorization by the Competent

Authority. He deposed regarding FIR No.56/2023 dated 24.10.2023 under Sections 153A, 153B, 505 IPC

registered at Police Station-GRP Hanumangarh, District-GRP (North) Jodhpur (Rajasthan), mentioned at

Serial No. 94 of the Background Note. The contents of the affidavit are stated to be based on record revealed

during investigation as well as on his personal knowledge acquired as the Supervisory Officer of the FIR

mentioned above. The documents annexed to the affidavit were stated to be true copies of the respective

originals and documents have been marked as exhibits during the course of deposition.

FIR No. 56/2023, Police Station-GRP Hanumangarh, District GRP (North) Jodhpur, Rajasthan

ii.

PW-41 testified that FIR No. 56/2023 dated 24.10.2023 was registered at Police Station-GRP

Hanumangarh, District- GRP (North) Jodhpur (Rajasthan) under Sections 153A, 153B, 505 IPC. Section

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

193

10(a), 13(1)(a) of Unlawful Activities (Prevention) Act, 1967 and Section 66F of IT Act were subsequently

invoked. FIR No. 56/2023 was registered on receiving information from Jagat Narayan Chaudhary, Acting

Superintendent Railway Station Hanumangarh Junction, who informed that on the wall next to the Road,

towards the station, ‘Khalistan Zindabad SFJ’ was written in English by some unknown persons to spread

unrest and create rebellion. Accordingly, a video was recorded by Computer Operator of GRP Police Station

Hanumangarh Junction on 24.10.2023 in which a banner of ‘Khalistan Zindabad’ was written above

Hanumangarh Railway Junction box. Copy of the FIR in vernacular along with English translation thereof is

Exhibit PW-41/P-1 (colly).

iii.

He further deposed that during course of investigation, a viral video uploaded on YouTube came to

notice. The video and photographs of the slogan ‘Khalistan Zindabad SFJ’ at the spot of incident were

uploaded in a pen drive, which was seized vide seizure memo dated 25.10.2023. Transcription of the contents

of the video in vernacular along with English translation thereof is Exhibit PW-41/P-2 (colly).The video

which had gone viral on WhatsApp group contained a voice of the recording as reflected in the transcription

at Point A and Point B.

iv.

Copy of the site map of the accident spot drawn in vernacular and English translation thereof is

Exhibit PW-41/P-3 (colly); copy of certificate under Section 65B Evidence Act of video (referred as CCTV

in affidavit) in vernacular along with English translation thereof is Exhibit PW-41/P-4 (colly); copy of

Seizure Memo of pen drive containing viral video and photographs taken on the spot dated 25.10.2023 in

vernacular along with English translation thereof is Exhibit PW-41/P-5 (colly); pen drive containing the

video is Exhibit PW-41/P-6; copy of statement of complainant Jagat Narayan Chaudhary recorded u/s 161

Cr.P.C. in vernacular along with English translation thereof is Exhibit PW-41/P-7 (colly).

v.

He testified that during investigation, Canal Colony Police, Bhatinda informed the Investigating

Officer of the present case, that two accused namely, Love Preet Singh and Harman Preet Singh in FIR

No.233/2023, PS: Canal Colony, Bhatinda had given a statement that they had written ‘Khalistan Zindabad

SFJ’ at Hanumangarh Junction. It was also informed that during course of investigation by officials of PS:

Canal Colony, Bhatinda , mobile phone of accused and motorcycle (Hero CD Deluxe) along with a plastic

bag which was tied on the left side of the motorcycle was recovered vide Recovery Memo dated 03.12.2023.

From the said bag, 3 spray cans and a saffron cloth was also recovered on which ‘Khalistan Zindabad SFJ’

was written.

vi.

He deposed that after investigation, both the accused were arrested and investigation revealed that

accused had done the act consciously and also reflects their active involvement in secessionist Khalistani

Movement for which they were funded and motivated by SFJ. CID (Special Branch) also conducted an

inquiry and filed its report dated 02.02.2024, which stated that the accused were involved in similar activities

in the past i.e. FIR 233/2023 dated 03.12.2023 PS Canal Colony, Bhatinda, Punjab; FIR 119/2023 dated

29.11.2023, PS GRP Amritsar, Punjab and FIR No.73/2023 dated 06.12.2023 P.S. GRP Bhatinda Punjab.

Both the accused participated in pro Khalistani activities for which they received monetary gain. Copy of

Recovery Memo of mobile, motorcycle, 3 spray cans and saffron cloth dated 03.12.2023 in vernacular along

with Hindi and English Translation thereof is Exhibit PW-41/P-8 (colly); copy of Arrest Memo of accused

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[PART II—SEC. 3(ii)]

Harman Preet Singh and Love Preet Singh in vernacular along with English translation thereof are Exhibit

PW-41/P-9 (colly); copy of the Inquiry Report of accused Love Preet Singh and Harman Preet Singh in

vernacular along with English translation thereof is Exhibit PW-41/P-10 (colly); copy of the Inquiry Report

by CID in respect of both the accused in vernacular along with English translation thereof is Exhibit PW-

41/P-11 (colly).

vii.

PW-40 deposed that the investigation is still continuing and bail application of both the accused was

rejected by the concerned Court of Additional Sessions Judge and was later on allowed by the Hon'ble High

Court of Rajasthan (Principal Bench Jodhpur). Copy of rejection of bail application by the ASJ, Bikaner in

vernacular along with English translation thereof is Exhibit PW-41/P-12 (colly); copy of order of the Hon'ble

High Court of Rajasthan granting bail to the accused is Exhibit PW-41/P-13.

viii.

The witness further stated on oath that the FIR and allegations made against Gurpatwant Singh Pannu

and his organization SFJ after it was already banned in 2019, shows that Gurpatwant Singh Pannun and other

leaders of SFJ are continuously indulging in cessation and secessionist activities. PW-41 expressed the view

that if the ban to the SFJ is not extended or be curbed and controlled immediately, it will resurrect and revive

militancy and terrorism in the State of Punjab in particular and other parts of the country.

64.

PW-42

i.

PW-42 Jitendra M. Yadav, Deputy Superintendent of Police, Sabarmati Central Jail, Ahmedabad,

Gujarat, tendered his affidavit Exhibit PW-42/A after due authorization by the Competent Authority. He

deposed that he was the Supervisory Officer of FIR No.11191067230030/23 dated 11.03.2023 under Sections

153A, 153B(1)(c), 505(1)(b), 120B IPC, 66F of IT Act and Section 16(1)(b) of the Unlawful Activities

Prevention Act, 1967 registered at PS: Cyber Crime, Ahmedabad City and FIR No. 11191067230127/23

dated 28.09.2023, Sections 121A, 153A, 153B(1)(c), 505(1)b, 120B IPC; Section 66F of IT Act and Section

16(1)(a) of the Unlawful Activities (Prevention) Act registered at PS: Cyber Crime, Ahmedabad City,

mentioned at Serial No.69 and 70 of the Background Note. He stated that FIR No. 11191067230127/23 at

serial No.70 in the Reference/Background Note is typed wrongly as FIR No. 11191067230 instead of

11191067230127. The contents of the affidavit are stated to be based on record revealed during investigation

as well as on his personal knowledge acquired as the Supervisory Officer of the FIRs mentioned above. The

documents annexed to the affidavit were stated to be true copies of the respective originals and documents

have been marked as exhibits during the course of deposition.

FIR No. 11191067230030/23, Police Station-Cyber Crime, Ahmedabad City

ii.

PW-42 testified that FIR No.11191067230030/2023 dated 11.03.2023 was registered at Police

Station: Cyber Crime. As per FIR, on 07.03.2023, an input was received from Special Branch to keep

vigilance on social media for any activity which may endanger VVIP Security for India and Australia Test

Match at Narendra Modi Cricket Stadium, which was scheduled to take place on 09.03.2023. On 08.03.2023,

information was received that many people in Ahmedabad received 2 pre-recorded English voice clips from

various mobile numbers. The 1st pre-recorded voice clip read as follows: “People of Gujarat, on the March

9th, stay home and stay safe, because Pro-Khalistan Sikhs are going to storm Narendra Modi cricket Stadium

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

195

and install Khalistan flags. Do not become victim between Pro-Khalistan Sikhs and Indian police. Modi is

responsible for the deaths of thousands of Sikh farmers in Punjab and we are out to show Honourable

Australian Prime Minister Anthony Albanese that Modi is a killer of Muslims in 2002 and he is the killer of

Sikhs. People of Gujarat stay home. Stay safe. Pro-Khalistan Sikhs are going to storm the cricket stadium”.

The 2nd pre-recorded voice clip in verbatim stated “People of Gujarat. Messages from Sikhs for Justice.

General Counsel Gurpatwant Singh Pannu. Stay home. Stay safe. Pro Khalistan. Sikhs are going to raise

Khalistan flag during the cricket match. Please do not fall prey to this false security which Gujarat police is

providing. We will install Khalistan flag today. Our tomorrow. Stay home. Stay safe.”

Accordingly, the aforesaid FIR was registered at PS: Cyber Crime under Sections 153A, 153B(1)(c),

505(1)(b), 120B IPC; 66F of IT Act and Section 16(1)(b) of the Unlawful Activities (Prevention) Act, 1967.

Copy of the letter received from Special Branch dated 07.03.2023 in vernacular, along with English

translation thereof and the copy of secret input are Exhibit PW-42/P-2, Exhibit PW-42/P-3 and PW-42/P-

4 respectively. Copy of the FIR in vernacular is Exhibit PW-42/P-5 and English translation thereof is Exhibit

PW-42/P6.

iii.

He further deposed that based on the technical analysis of the mobile numbers which were used to

broadcast the pre-recorded voice clips, two persons namely Rahul Kumar and Narendra Kumar were arrested

on 13.03.2023, who were running illegal GSM Gateway through which they were providing Voice Over

Internet Protocol (VOIP). Through their GSM Gateway’s mobile numbers, aforesaid threatening calls were

relayed. Accused Rahul Kumar revealed that while working in Dubai, he met one Mohsin in VOIP Business

Group on WhatsApp, who asked him to start a business of International VOIP calling through GSM Gateway.

For this, Mohsin delivered the SIM Cards necessary to run the said business and gave contact of one Hussain

from Uttar Pradesh and another person from Bangladesh to facilitate configuration of GSM Gateway Setup.

Thereafter, Rahul Kumar roped his childhood friend Narendra Kushwaha to help him in the business.

Accused Rahul Kumar purchased more GSM Gateway from Yogendra Singh, Rohtas Diwakar, Pankaj Gupta

and Sharad Kumar.

iv.

Copy of statement of accused Rahul Kumar in vernacular along with English translation thereof are

Exhibit PW-42/P-7 & Exhibit PW-42/P-8 respectively; copy of statement of accused Narendra Kushwaha

in vernacular along with English translation thereof are Exhibit PW-42/P-9 and Exhibit PW-42/P10

respectively; copy of statement of witnesses Yogendra Singh in vernacular along with English translation

thereof are Exhibit PW-42/P-11 and Exhibit PW-42/P-12 respectively; copy of statement of witness Rohtas

Diwakar in vernacular along with English translation thereof are Exhibit PW-42/P-13 and Exhibit PW-

42/P-14 respectively; copy of statement of witness Pankaj in vernacular along with English translation thereof

are Exhibit PW-42/P-15 and Exhibit PW-42/P-16 respectively; copy of statement of witness Sharad Kumar

in vernacular along with English translation thereof are Exhibit PW-42/P-17 and Exhibit PW-42/P-18

respectively; copy of statement of other witness Jaydeep Kumar in vernacular along with English translation

thereof are Exhibit PW-42/P-19 and Exhibit PW-42/P-20 respectively; copy of statements of witness

Manish dated 14.04.2023, 13.05.2023 in vernacular along with English translation thereof are Exhibit PW-

42/P-21 and Exhibit PW-42/P-22 respectively; copy of statement of witness Ravindra Singh in vernacular

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[PART II—SEC. 3(ii)]

along with English translation thereof are Exhibit PW-42/P-23 and Exhibit PW-42/P-24 respectively; copy

of statement of witness Dharmesh Jagdish Bhai Sheth in vernacular along with English translation thereof

are Exhibit PW-42/P-25 and Exhibit PW-42/P-26 respectively; copy of statement of witness Meghdut in

vernacular along with English translation thereof are Exhibit PW-42/P-27 and Exhibit PW-42/P-28

respectively.

v.

PW-42 further testified that during investigation, 11 GSM Gateways (SIM BOX), 06 mobile phones,

02 laptops, 03 routers, 01 CPU and 01 monitor were seized from 3rd Floor opposite BSNL office in Madhya

Pradesh and from House No.30/11 Padra, District Reeva, Madhya Pradesh of the accused were found. The

Panchnama’s were prepared on 13.03.2023 and 17.03.2023. It was also revealed that accused had kept another

GSM Gateway at the house of a friend Shravan Patel. Accordingly, on 19.03.2023, 02 more GSM Gateways

(SIM BOX), 01 Router and 1 mobile were recovered from the house of Shravan Patel at Reeva Madhya

Pradesh.

vi.

Copy of Panchnama/Seizure Memo completed on 13.03.2023 in vernacular along with English

translation thereof are Exhibit PW-42/P-29 and Exhibit PW-42/P-30 respectively. There appears to be a

slight error in English translation thereof as the requisite details after para 3 and para 19 appear to be

inadvertently missed. Copy of Panchnama/Seizure Memo completed on 17.03.2023 in vernacular along with

English translation thereof are Exhibit PW-42/P-31 and Exhibit PW-42/P-32 respectively. Copy of

Panchnama/Seizure Memo completed on 19.03.2023 in vernacular along with English translation thereof are

Exhibit PW-42/P33 and Exhibit PW-42/P-34 respectively.

vii.

He deposed that during further investigation, three more accused were found running illegal GSM

Gateways, namely Ummed Ansari, Mashid Khan and Mohammad Sahid. Accused Ummed Ansari started the

said illegal activity when he saw a post on Facebook regarding a work from home job. On sending a message

showing his interest for the same, Ummed Ansari received a voice message in which one person, who

identified himself as Ahmed from Dubai asked him to run GSM gateway from his home and earn monthly

income. Ummed Ansari agreed due to which Ahmed delivered GSM gateways, routers and SIM Cards to him

and configured the Gateway through Team Viewer Application. It was from this Gateway, pre-recorded voice

clip mentioned in the FIR was relayed to many Indian Mobile Numbers. Accordingly, on 01.04.2023, 03

GSM Gateways (SIM BOX), 03 router and 03 mobile phones were recovered from the house of Ummed’s

sister at Modinagar, Bisokar, Ghaziabad, Uttar Pradesh and on 05/04/2023, 1 mobile was seized from accused

Ummed Ansari.

viii.

He further deposed that similarly, other two accused Mashid Khan and Mohammad Sahid were

running illegal GSM Gateways through which pre-recorded voice clip mentioned in the FIR was relayed.

This set up was installed at Mashid Khan’s house located in Bhiwandi, Maharashtra by absconding accused

Abu Bakar Shakil Ahmed Kureshi. 04 GSM Gateways (SIM BOX), 03 Routers, 03 Mobile phones, 01 Laptop

and 509 SIM cards were recovered from the House of Accused Mashid Khan on 02.06.2023. Copy of

Panchnama/Seizure Memo completed on 01.04.2023 in vernacular along with English translation thereof are

Exhibit PW-42/P-35 and Exhibit PW-42/P-36 respectively. Inadvertently in the English translation thereof,

the date has not been mentioned at the bottom. Copy of Panchnama/Seizure Memo completed on 05.04.2023

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

197

in vernacular along with English translation thereof are Exhibit PW-42/P-37 to Exhibit PW-42/P-38

respectively. Copy of Panchnama/Seizure Memo completed on 02.06.2023 in vernacular along with English

translation thereof are Exhibit PW-42/P-39 and Exhibit PW-42/P-40 respectively.

ix.

PW-42 deposed that on completion of investigation, accused Ummed Ansari, Mashid Khan and

Mohammad Sahid were arrested on 05.04.2023, 02.06.2023 and 02.06.2023 respectively. Chargesheet was

filed against all the five accused Rahul Kumar, Narendra Kumar, Ummed Ansari, Mashid Khan and

Mohammad Sahid on 04.09.2023. Co-accused mentioned in the Chargesheet including Gurpatwant Singh

Punnun and Mohsin from Dubai are absconding.

Copy of Chargesheet dated 04.09.2023 in vernacular along with English translation thereof are

Exhibit PW-42/P-41 and Exhibit PW-42/P-42 respectively.

x.

He further stated that currently, all the five accused who had been arrested, are in judicial custody.

The bail application of accused Ummed Ansari and Mashid Khan was dismissed. Accused Rahul Kumar and

Mohammad Shahid withdrew their bail application which was filed before Gujarat High Court. Copy of the

orders passed by the High Court of Gujarat are Exhibit PW-42/P-43 to Exhibit PW-42/P-46. The charge

has been framed against the accused on 06.09.2024 and the case is at the stage of prosecution evidence. Copy

of order passed by the Trial Court framing charge in vernacular along with English translation thereof are

Exhibit PW-42/P-47 and Exhibit PW-42/P-48 respectively.

FIR No. 11191067230127/23 was registered at Police Station Cyber Crime, Ahmedabad City,

xi.

PW-42 testified that FIR No.11191067230127/23 under Sections 121A, 153A, 153B(1)(c), 505(1)b,

120B IPC; Section 66F of IT Act and Section 16(1)(a) of the Unlawful Activities (Prevention) Act was

registered at Police Station Cyber Crime. As per FIR, on 28.09.2023, before the India and Pakistan World

Cup Match at Narendra Modi Stadium Ahmedabad, an information was received at Cyber Crime Police

station, Ahmedabad city that many people in the city have received a pre-recorded audio clip from an

unknown mobile number +447418343648 stating "India, on 5th October, from Modi Stadium in Ahmedabad,

it will not be start of World Cricket Cup, this will be the beginning of World Terror Cup. Sikhs for Justice is

going to storm Ahmedabad with Khalistan flag. We are going to take revenge of Shaheed Nijjar's

assassination. We are going to use ballot against your bullets. We are going to use vote against your violence.

Remember, 5th October, it will not be World Cricket Cup, it will be the beginning of World Terror Cup. This

Message is from Gurpatwant Singh Pannun, the General Counsel”. Accordingly, the present FIR was

registered on 28.09.2023 at Police Station: Cyber Crime, Ahmedabad City after registration of the earlier FIR

in March, 2023. Copy of the FIR annexed with affidavit in vernacular along with English translation thereof

are Exhibit PW-42/P-49 and Exhibit PW-42/P-50 respectively.

xii.

He further deposed that during investigation, it was found that from International Long Distance

(ILD) Carrier of mobile number +447418343648, calls were made using Carrier service of Quickom Telecom

Limited of Hong Kong and Dexatel OU of Estonia, Europe. As no further details about the user could be

obtained, a Final Report was filed in the Court on 03.04.2023 since the accused could not be traced. The same

was accepted by the Competent Court on 22.06.2024. Copy of the Final Report in vernacular along with

English translation thereof are Exhibit PW-42/P-51 and Exhibit PW-42/P-52 respectively; copy of order

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[PART II—SEC. 3(ii)]

dated 22.06.2024 in vernacular along with English translation thereof are Exhibit PW-42/P-53 and Exhibit

PW-42/P-54 respectively.

xiii.

The witness stated on oath that both the aforementioned FIRs reflect allegations against Gurpatwant

Singh Pannun and his organization SFJ, after it was already banned in 2019 which shows that Gurpatwant

Singh Pannun and other leaders of SFJ are continuously indulging in cessation and secessionist activities. He

stated that he was of the view that if the ban on SFJ is not extended or curbed and controlled immediately, it

will resurrect and revive militancy and terrorism in the State of Punjab in particular and other parts of the

country.

65.

PW-43

i.

Shri Sumit Kumar, Superintendent of Police, GRP, Ambala Cantt., Haryana, tendered his affidavit

Exhibit PW-43/A after due authorization by the Competent Authority. He is the Supervisory Officer of FIR

No.48/2023 dated 05.09.2023 under Sections 120B, 124A, 153B IPC, and Section 13 of the Unlawful

Activities (Prevention) Act, 1967, registered at PS: GRP, Kurukshetra, mentioned at Serial No.68 of the

Background Note. He further deposed that he is also the Supervisory Officer of FIR No.43/2022 dated

09.08.2022 under Section 2 of the Prevention of Insults to National Honour Act, 1971, registered at PS: GRP

Sirsa. FIR No. 43/2022 is not mentioned in the Background Note but is relied upon as additional evidence.

The contents of the affidavit are stated to be based on record revealed during investigation as well as on his

personal knowledge acquired during 20 years of service as a Police Officer. The documents annexed to the

affidavit were stated to be true copies of the respective originals and documents have been marked as exhibits

during the course of deposition.

FIR No. 48/2023, Police Station-GRP Kurukshetra, Haryana

ii.

PW-43 testified that FIR No.48/2023 dated 05.09.2023 u/s 120B, 124A, 153B IPC, Section 13

Unlawful Activities (Prevention) Act, 1967 was registered at P.S. GRP Kurukshetra. As per FIR, on

05.09.2023, SI Kamal Kumar, No.733/GRP during patrolling received a video clip from SHO, PS: GRP

Kurukshetra whereby he informed that the video clip pertains to Gurpatwant Singh Pannun Incharge of SFJ

wherein he is advocating writing of slogans in respect of Khalistan. He further directed to check the same in

the area. In the meantime, LSI Parwinder Kaur, No.67 informed that slogan had been written in Punjabi ‘G-

20 (Punjab India da hissanahi)’. Also, ‘SFJ’ was written in English. Further, on the wall of Railway quarters,

slogan was written ‘G-20 Punjab is not India’. Also, at another place it was written ‘Gurpatwant Singh Punnu

SSJ-IAISFJ’. The same matched with the video clipping, which was received from the SHO. Accordingly,

the FIR was registered since it advocated sedition.

iii.

Copy of FIR annexed with affidavit in vernacular is Exhibit PW-43/A1 and English translation

thereof is Exhibit PW-43/A2. Copy of Statement of Constable Soni Ram under Section 161 Cr.P.C. in

vernacular is Exhibit PW-43/A3 and English translation thereof is Exhibit PW-43/A4; copy of Statement

of SI Kamal Kumar under Section 161 Cr.P.C. in vernacular is Exhibit PW-43/A5 and English translation

thereof is Exhibit PW-43/A6.

iv.

He further deposed that during investigation, information was received from Delhi Police that an

accused Malak Singh @ Malik had disclosed in FIR No.705 dated 28.09.2023 registered at PS: Kashmiri

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

199

Gate under section 153, 153A, 153B, 120B IPC, Section 3 of Delhi Prevention of Defacement of Public

Property Act, 2007 (mentioned at Serial No.89 of the Reference Note) that he is involved in the present case.

Accordingly, SI Om Parkash filed an application for production warrants of the accused before the Competent

Court. The accused was interrogated on 07.12.2023 and formally arrested in the present FIR. Copy of Arrest

Memo of accused Malak Singh @ Malik in vernacular is Exhibit PW-43/A7 and English translation thereof

is Exhibit PW-43/A8.

v.

He deposed that accused Malak Singh @ Malik also made a disclosure statement on 08.12.2023 and

identified the place of occurrence. An empty can of spray paint was recovered at his instance, which was

used by him for writing the slogans. Also, statements of two witnesses were recorded under Section 161

Cr.P.C. Copy of Seizure Memo dated 08.12.2023 in vernacular is Exhibit PW-43/A9 and English translation

thereof is Exhibit PW-43/A10. Copy of Disclosure Statement made by accused Malak Singh @ Malik is

Exhibit PW-43/A11 and English translation thereof is Exhibit PW-43/A12; copy of statement of SI Sohan

Lal under Section 161 Cr.P.C. in vernacular is Exhibit PW-43/A13 and English translation thereof is Exhibit

PW-43/A14; copy of statement of SI Pal Singh, No.263, PS: GRP Kurukshetra under Section 161 Cr.P.C. in

vernacular is Exhibit PW-43/A15 and English translation thereof is Exhibit PW-43/A16. Final

Report/Chargesheet under Section 173 Cr.P.C. dispatched on 20.01.2024 is Exhibit PW-43/A17 and English

translation thereof is Exhibit PW-43/A18.

The case is stated to be fixed for prosecution evidence for 19.12.2024.

FIR No. 43, Police Station- GRP Sirsa, Haryana

vi.

PW-43 testified that FIR No.43/2022 dated 09.08.2022 u/s 2 of Prevention of Insults to National

Honour Act, 1971 was registered at PS: GRP Sirsa. As per the FIR, on 31.07.2022, a video was uploaded on

social media showing that Gurpatwant Singh Pannun is threatening the Chief Minister and Home Minister of

Haryana Government for daring to hoist the tricolor on 15th August. He promised to pay Rs.1.25 crore to

unemployed individuals for joining his campaign. Gurpatwant Singh Pannun also threatened to burn the

tricolor in front of trains in Haryana from 13th August to 15th August. Also, a tricolor could be seen burning

on a railway track in the said video. An FIR was accordingly registered under Section 2 of The Prevention

of Insults to National Honour Act, 1971. A copy of FIR annexed with affidavit in vernacular is Exhibit PW-

43/A19 and English translation thereof is Exhibit PW-43/A20.

vii.

He further deposed that during investigation, the call details/tower dump were received by Cyber

Cell Ambala on the NIC mail of the police station, which was taken into possession by IO through seizure

memo on 14.09.2022. Copy of the statement of SI Satbir Singh under Section 161 Cr.P.C. in this regard in

vernacular is Exhibit PW-43/A21 and English translation thereof is Exhibit PW-43/A22. Copy of Memo of

production of call detail records dated 14.09.2022 in vernacular is Exhibit PW-43/A23 and English

translation thereof is Exhibit PW-43/A24.

viii.

He deposed that despite investigation, the accused could not be traced. Accordingly, Final

Report/Untrace Report in this regard was filed before the concerned Court. of Final Report/Untrace Report

dated 05.10.2022 in vernacular is Exhibit PW-43/A25 and English translation thereof is Exhibit PW-

43/A26.

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[PART II—SEC. 3(ii)]

ix.

The witness stated on oath that the aforesaid FIRs have been registered against Gurpatwant Singh

Pannun and his organization SFJ after it has already been banned in 2019. The FIRs reflect that Gurpatwant

Singh Pannun and other leaders of SFJ even after ban are continuously indulging in cession and secessionist

activities clandestinely. He was of the view that if the ban against SFJ is not extended, it will resurrect and

revive militancy and terrorism in the State of Punjab in particular and other parts of the country. It will also

escalate subversive activities including attempts to carve out Khalistan by separating territory of Punjab from

the territory of Union of India.

66.

PW-44

i.

PW-44 Manoj Kumar Katyal, Additional Superintendent of Police, PTC, Narendra Nagar,

Uttarakhand, tendered his affidavit Exhibit PW-44/A after due authorization by the Competent Authority.

He deposed regarding FIR No.299/2018 under Section 153B, 505 IPC and Section 66 of the Information

Technology (Amendment) Act, 2008, registered at PS: Khatima, District: Udham Singh Nagar, mentioned at

Serial No.71 of the Background Note. He further deposed regarding FIR No.134/2023 under Section 66F of

the Information Technology (Amendment) Act, 2008; Sections 153A, 505 IPC; and Sections 13, 15, 16, 20,

38, and 39(2) of the Unlawful Activities (Prevention) Act, 1967, registered at PS: Ramnagar, District Nainital,

Uttarakhand, which is adduced as additional evidence. The contents of the affidavit are stated to be based on

record revealed during investigation as well as on his personal knowledge acquired as the Supervisory Officer

of the FIRs mentioned above. The documents annexed to the affidavit were stated to be true copies of the

respective originals and documents have been marked as exhibits during the course of deposition.

FIR No. 134/2023, Police Station-Ramnagar, District Nainital, Uttarakhand

ii.

PW-44 testified that FIR No.134/2023 was registered at Police Station Ramnagar, District-Nainital,

Uttarakhand. As per the FIR, G-20 Conference was proposed to be held from 28.03.2023 to 30.03.2023

under the jurisdiction of Ramnagar Police Station and as such security arrangement in this regard was an

important concern. On 26.03.2023, two calls were received by Inspector Arun Kumar Saini, SHO, PS:

Ramnagar on his mobile number and another call was received on the number of PS: Ramnagar, wherein a

pre-recorded audio message was heard as follows:

“G-20 delegates, Ramnagar is not India, Ramnagar is Khalistan. Sikhs for Justice is raise flag of Khalistan

during G-20 summit at Ramnagar, at airport, at railway station to show internationalize that Ramnagar will

be part of Khalistan. Once we liberate Punjab from Indian occupation through Khalistan freedom and if

Chief Minister Dhami try to file the cases against Sikhs in Uttarakhand, you will be held accountable for

each crime you are committing. Message is from Gurpatwant Singh 'Pannu' SFJ General Council.”

On enquiry, it was found that the said audio call was circulated to other police and administrative

officials on various dates from different mobile numbers. Accordingly, the said FIR was registered. A copy

of the FIR in vernacular is Exhibit PW-44/P2 and English translation thereof is Exhibit PW-44/P3.

iii.

He deposed that the CDR of mobile number of Inspector Arun Kumar Saini as well that of PS:

Ramnagar was obtained whereby it was revealed that a call of 60 seconds was received from 02 mobile

numbers on Inspector Arun Kumar Saini and a call of 60 seconds was received from a mobile number on the

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

201

number of PS: Ramnagar. Consequently, trunk route chart of the mobile numbers was obtained along with

domain session IDs for the ILD gateway. On perusal of record, it was it was further revealed that out of the

03 mobile numbers from which pre-recorded audio message calls were received, 02 were inactive while the

third mobile number belonged to one Mohsin, resident of Meerut, UP. During further investigation, Mohsin

was found to be of unsound mind undertaking treatment at L.L.R.M. Medical College, Meerut.

iv.

Copy of relevant extracts of CDR is Exhibit PW-44/P4. Copy of System Generated Report received

from Vodafone Idea, Call Data Records is Exhibit PW-44/P5. Copy of the statement of the

informant/Inspector Arun Kumar Saini in vernacular is Exhibit PW-44/P6 and English translation thereof is

Exhibit PW-44/P7. Copy of the audio message contained in the pen drive is Exhibit PW-44/P8; copy of

certificate under Section 65B of Indian Evidence Act in vernacular along with English translation thereof are

PW-44/P9 and Exhibit PW-44/P9A; copy of the transcript of the audio message is Exhibit PW-44/P10.

The investigation in the aforesaid FIR is stated to be pending. Report in this regard in vernacular is Exhibit

PW-44/P11. The English translation thereof is Exhibit PW-44/P12.

FIR No. 299/2018, Police Station-Khatima, District Udham Singh Nagar, Uttarakhand

v.

PW-44 deposed that FIR No.299/2018 under Sections 153B and 505 IPC and Section 66 of the

Information Technology (Amendment) Act, 2008 was registered at Police Station Khatima, District Udham

Singh Nagar. As per FIR, on 04.09.2018, an information was received by SSI Shri Devender Gaurav, PS:

Khatima that SFJ is misusing cyberspace to radicalize gullible youth of Sikh populated in Village Khatima,

Udham Singh Nagar, Uttrarkhand through various WhatsApp and other social media platforms.

Consequently, SSI Devender Gaurav along with other local police officials visited Village Jadhopur, PS:

Khatima and on inquiry it was found that Harjeet Singh @ Boby Bhinder was the admin of a WhatsApp

group named ‘20-20 Khalistan Referendum’ which was created on 03.06.2016 and is connected to prominent

terrorist organization. Further the same follows pro-Khalistani propaganda. The copy of the FIR in

vernacular is Exhibit PW-44/P13 and English translation thereof is Exhibit PW-44/P14; copy of statement

of SI Gopal Ram Chandel in vernacular is Exhibit PW-44/P15 and English translation thereof is Exhibit

PW-44/P16.

vi.

He deposed that during investigation, accused Harjeet Singh was interrogated and his statement was

recorded, wherein he disclosed that he had two groups on his mobile containing two SIM cards, namely, ‘20-

20 Khalistan Referendum’ and ‘Bhander Commando’. He further disclosed that he is the admin of said groups

which contain 40-50 members. The said group was stated to be created by Kulwinder Singh. Copy of

statement of accused Harjeet Singh in vernacular is Exhibit PW-44/P17 and English translation thereof is

Exhibit PW-44/P18.

vii.

The witness deposed that Kulwinder Singh in his statement disclosed that he had created 20-20

Khalistan Referendum Group on his mobile phone and was inspired by the videos sent to him on his

WhatsApp on Khalistan Movement by Chief Organiser of Active Sikh Organisation on 1984 riots. Further,

he used to share those videos. He also stated that Harjinder Singh was made as the second Admin. The

Screenshots of WhatsApp group message of the mobile phones recovered from the above accused contained

messages written in Gurumukhi. Accordingly, the Screenshots were translated by witness Hardev Singh and

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[PART II—SEC. 3(ii)]

Devandra Singh.The mobile phones recovered from the accused were sent to CFSL Chandigarh on

19.09.2018 and report dated 31.12.2018 reflects the retrieval of 2020 Khalistan Referendum WhatsApp

Group.

viii.

Copy of statement of accused Kulwinder Singh in vernacular is Exhibit PW-44/P19 and English

translation thereof is Exhibit PW-44/P20. Copy of the screenshot of the WhatsApp Group is collectively

Exhibit PW-44/P21. Copy of statement of Hardev Singh in vernacular is Exhibit PW-44/P22 and English

translation thereof is Exhibit PW-44/P23. A true copy of the Certificate of Translator Devandra Singh on

22.08.2019 in vernacular is Exhibit PW-44/P24 and English translation thereof is Exhibit PW-44/P25.

Copy of the Recovery Memo of mobile phones from accused Kulwinder Singh and Harjeet Singh in

vernacular is collectively Exhibit PW-44/P26 and English translation thereof is Exhibit PW-44/P27 (colly).

Copy of report of CFSL dated 31.12.2018 is Exhibit PW-44/P28.

ix.

The witness further deposed that on completion of investigation, chargesheet dated 03.08.2019 was

filed before the Competent Court and cognizance was taken. True copy of Chargesheet dated 03.08.2019 in

vernacular along with English translation thereof are Exhibit PW-44/P29 and Exhibit PW-44/P30

respectively. The certified copy of order dated 22.10.2019 taking cognizance, in vernacular is Exhibit PW-

44/P31 and English translation thereof is Exhibit PW-44/P32.

x.

He further testified that accused Harjeet Singh was released on bail vide order dated 31.05.2024 and

the case is pending trial before the Court of Additional Civil Judge/Judicial Magistrate, Khatima, District

Udham Singh Nagar for framing of charge. The case was lastly listed on 29.10.2024. The charge has since

been framed against the accused. Copy of order dated 31.05.2024 in vernacular is Exhibit PW-44/P33 and

English translation is Exhibit PW-44/P34: copy of last order dated 29.10.2024 in vernacular is Exhibit PW-

44/P35 and English translation thereof is Exhibit PW-44/P36.

xi.

PW-44 stated on oath that Gurpatwant Singh Pannun and his organization SFJ continue the

secessionist activities after it was already banned in 2019. He expressed the view that if the ban on SFJ is not

extended or its activities curbed and controlled immediately, it will resurrect and revive militancy and

terrorism in the State of Punjab in particular and other parts of the country.

67.

PW-45

i.

PW-45 Sandeep Pathania, Station House Officer (SHO), PS Dehra, District Kangra, Himachal

Pradesh, tendered his affidavit Exhibit PW-45/P1 after due authorization by the Competent Authority. He

deposed that he is the Supervisory Officer of FIR No.207/2023, under Section 153 IPC and Section 3 of the

Prevention of Damage to Public Property Act, 1984, which is to be correctly read as Section 3 of the Himachal

Pradesh Open Places (Prevention of Disfigurement) Act, 1985 registered at PS Dehra, District Kangra,

Himachal Pradesh, mentioned at Serial No.76 of the Background Note. The contents of the affidavit are

stated to be based on record revealed during investigation as well as on his personal knowledge acquired as

the Supervisory Officer of the FIR mentioned above. The documents annexed to the affidavit were stated to

be true copies of the respective originals and documents have been marked as exhibits during the course of

deposition.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

203

FIR No. 207/2023, Police Station-Dehra, District Kangra, Himachal Pradesh

ii.

PW-45 testified that FIR No. 207/2023 under Sections 153 IPC, and Section 3 of Himachal Pradesh

Open Places (Prevention of Disfigurement) Act, 1985 was registered at Police Station: Dehra, District

Kangra, Himachal Pradesh. Section 13 of Unlawful Activities (Prevention) Act, 1967 was invoked

subsequently. The aforesaid FIR was registered on the statement of one Shri Narendra Kumar Sharma, who

stated that on 29.11.2023, he got a call from his Manager, Yograj at around 9.48 am that some unknown

persons have written Khalistan slogans on the shutter installed in the building below his hotel. On receiving

the call, Narendra Sharma went to the said building and saw that ‘SHAH HIMACHAL BANAGAY

KHALISTAN’ was written on shutter no. 5 of the building and ‘SHAHEED BHINDRAN VALE ZINDAVAD

KHALISTAN ZINDAVAD HIMACHAL BANA GAYA KHALISTAN’ was written in black front on shutter no.6

with the intention of creating enmity between Hindu and Sikh religions. Accordingly, the FIR was registered

on 29.11.2023. The copy of the FIR in vernacular is Exhibit PW-45/P2 and English translation thereof is

Exhibit PW-45/P3. Copy of General Diary entry dated 29.11.2023 in vernacular along with English

translation thereof is Exhibit PW-45/P3A. Copy of statement of complainant/Narendra Kumar Sharma in

vernacular is Exhibit PW-45/P4 and true English translation thereof is Exhibit PW-45/P5.

iii.

He further deposed that during investigation, the spot was inspected and site plan (spot map) was

prepared. Photographs were also clicked. The ink/paint which was used to write the slogans along with the

control sample were taken into possession vide Seizure Memo dated 29.11.2023. The statement of spot

witnesses was recorded. Further, the CCTV footage of the nearby area was checked. On the basis of

investigation, it was revealed that three accused were involved in the incident. The accused had gone to

Urvashi Hotel and Restaurant at Chintpurni. Accordingly, Shri Vikrant Sood, owner of the hotel was

interrogated. Visitor slips along with photocopies of the Aadhaar cards of the accused who had stayed in the

Hotel as well as license of Urvashi Hotel were taken into possession vide Seizure Memo dated 29.11.2023.

CCTV footage of Urvashi Hotel confirmed the stay of accused. The CCTV footage of nearby Hotel Sagar

Ratna was uploaded in a pen drive and taken into possession vide seizure memo dated 04.12.2023.

iv.

Copy of site plan (spot map) in vernacular along with English translation thereof is Exhibit PW-

45/P6; copy of photographs of the shutters is Exhibit PW-45/P7; copy of Seizure Memo dated 29.11.2023

in respect of paint and control sample in vernacular is Exhibit PW-45/P8. English translation thereof is

Exhibit PW-45/P9; copy of supplementary statement of Narendra Kumar Sharma in vernacular along with

English translation thereof is Exhibit PW-45/P10; copy of statement of Yograj in vernacular along with

English translation thereof is Exhibit PW-45/P11; copy of Seizure Memo of visitors slip, Aadhar Card and

hotel licence dated 29.11.2023 in vernacular is Exhibit PW-45/P12. English translation thereof is Exhibit

PW-45/P13; copy of statement of Mr.Vikrant Sood in vernacular is Exhibit PW-45/P14 and English

translation thereof is Exhibit PW-45/P15; copy of statement of Constable Vikas Guleria No.1145 under

Section 161 Cr.P.C. in vernacular is Exhibit PW-45/P16 and English translation thereof is Exhibit PW-

45/P17; copy of Seizure memo of Pen Drive containing CCTV footage of Urvashi Hotel in vernacular is

Exhibit PW-45/P18 and English translation thereof is Exhibit PW-45/P19; copy of statement of Vikas

Sharma in vernacular along with English translation thereof is Exhibit PW-45/P20; copy of supplementary

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[PART II—SEC. 3(ii)]

statement of Vikrant Sood in vernacular along with English translation thereof is Exhibit PW-45/P21; copy

of statement of Constable Pushpinder Singh in vernacular along with English translation thereof is Exhibit

PW-45/P22; copy of the Seizure Memo dated 04.12.2023 of pen drive containing CCTV footage of the area

outside Hotel Sagar Ratna in vernacular is Exhibit PW-45/P23. English translation thereof is Exhibit PW-

45/P 24; copy of statement of Ramesh Kumar in vernacular along with English translation thereof is Exhibit

PW-45/P25; copy of the statement of Jaswinder Singh in vernacular along with English translation thereof

is Exhibit PW-45/P26l; copy of the statement of Constable Pawan Kumar in vernacular along with English

translation thereof is Exhibit PW-45/P27.

v.

He testified that based on CDR and location of mobile numbers of accused, joint police team of

Police Station Dehra and Police Station Chintpurni searched the area of Gauraya, District Jalandhar, Punjab

on 02.12.2023. Accused namely Phool Chand, Harry and Arjinder Singh @ Jinder were apprehended and

brought to Police Station Chintapurni for interrogation. The above three accused had been arrested by police

of PS Chintapurni in case FIR No.63/2023 dated 29.11.2023 registered under Section 153A, 120B IPC,

Section 3 of Himachal Pradesh Open Places (Prevention of Disfigurement Act) 1985 and Section 13 of

Unlawful Activities (Prevention) Act, 1967. The accused were produced by the police of PS Chintpurni,

District Una before JMIC-II Amb (Una) where they were remanded to police custody for 10 days. The clothes

of accused, spray paint bottles and mobiles were taken into possession by the police of PS Chintpurni, District

Una. Subsequently, the police custody of the three accused persons was transferred to Dehra and they were

arrested on 18.12.2023 in the present FIR. The disclosure statement of accused was recorded under Section

27 of the Indian Evidence Act. Accused Harry identified the spot where he had written the Khalistani Slogan

with other co-accused on 28.11.2023. A memo of identification of spot and map was accordingly prepared.

vi.

Copy of the relevant data of CDR is Exhibit PW-45/P28; copy of arrest information memo in

vernacular along with English translation thereof is Exhibit PW-45/P29 (colly); copy of disclosure statement

of accused Phool Chand under Section 27 of Indian Evidence Act in vernacular is Exhibit PW-45/P30 and

English translation thereof is Exhibit PW-45/P31; copy of the disclosure statement of accused Harry under

Section 27 of Indian Evidence Act in vernacular is Exhibit PW-45/P32 and English translation thereof is

Exhibit PW-45/P33; copy of memo of identification of spot by Harry in vernacular is Exhibit PW-45/P34

and English translation thereof is Exhibit PW-45/P35; copy of site plan in vernacular along with English

translation is Exhibit PW-45/P36; copy of statement of Constable Karanjeet Singh in vernacular is Exhibit

PW-45/P37 and English translation thereof is Exhibit PW-45/P38.

vii.

He also deposed that on 23.12.2023, accused Phool Chand also identified the shop from where the

accused had purchased two bottles of spray paint to write Khalistani Slogans. Accordingly, a map of

identification of paint shop was prepared and CCTV footage of the shop in which the accused are seen was

taken into possession vide seizure memo.

viii.

Copy of identification spot map in vernacular along with English translation thereof is Exhibit PW-

45/P39; copy of Seizure Memo dated 23.12.2023 containing CCTV footage in the pen drive in vernacular is

Exhibit PW-45/P40 and English translation is Exhibit PW-45/P41; copy of the statement of Maninder Singh

in vernacular along with English translation thereof is Exhibit PW-45/P42.; copy of statement of Munish

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

205

Verma in vernacular along with English translation thereof is Exhibit PW-45/P43.

ix.

PW-45 further testified that during investigation, it was found that Gurpatwant Singh Punnun, the

General Counsel of SFJ had taken responsibility for writing pro-Khalistani slogans in Chintpurni Bazaar on

28.11.2023, through a viral video on social media. The said video was submitted as evidence in a pen drive

by journalist Aman Sharma, which was taken into possession vide seizure memo dated 23.12.2023. Further,

Section 13 of the Unlawful Activities (Prevention) Act, 1967 was invoked in the present FIR vide case diary

No.17 dated 23.12.2023. It was also revealed during investigation that a friend of accused Arjinder Singh

alias Jinder, had sent Rs.25,000/- on 26.11.2023, i.e., 2 days before the incident, through Western Union

Money Transfer to Phool Chand. Accordingly, notice under Section 91 Cr.P.C. was sent to the Nodal Officer

of Western Union on 20.12.2023.

Copy of Seizure Memo dated 23.12.2023 of pen drive containing viral video in vernacular is Exhibit

PW-45/P44 and English translation thereof is Exhibit PW-45/P45; copy of the statement of witness Vikas

Sharma in vernacular along with English translation thereof is Exhibit PW-45/P46; copy of the statement of

witness Aman Sharma in vernacular along with English translation thereof is Exhibit PW-45/P47; copy of

Case Diary No.17 dated 23.12.2023 in vernacular is Exhibit PW-45/P48 and English translation thereof is

Exhibit PW-45/P49; copy of the transcript of the video along with pen drive containing a copy of the

aforesaid viral video is Exhibit PW-45/P50; copy of notice under Section 91 Cr.P.C. in connection with

transaction of money to Nodal Officer, Western Union along with their reply and Western Union Transfer

Receipt is collectively Exhibit PW-45/P51.

x.

The witness stated that the case is pending investigation. Since, there is a connected case registered

at PS: Chintpurni of same date, involving the same accused, the case property and other documents of PS:

Chintpurni, required for the present case were under transfer to PS: Dehra for the purpose of present FIR.

xi.

He further stated on oath that Gurpatwant Singh Pannun and organization SFJ have already been

banned in 2019. The registration of present FIR shows that Gurpatwant Singh Pannun and other leaders of

SFJ are continuously indulging in cessation and secessionist activities. He expressed the view that if the ban

on the SFJ is not extended or the activities are not curbed and controlled immediately, SFJ will resurrect and

revive militancy and terrorism in the State of Punjab.

68.

PW-46

i.

PW-46 Narayan Singh, Station House Officer (SHO), PS Dharamshala, District Kangra, Himachal

Pradesh, tendered his affidavit Exhibit PW-46/A after due authorization by the Competent Authority. He

deposed that he is the Investigating Officer (inadvertently referred to as Supervisory Officer in the affidavit)

of FIR No.77/2022 under Section 153A, 153B IPC, and Section 3 of the Himachal Pradesh Open Places

(Prevention of Disfigurement) Act, 1985 registered at PS Dharamshala. He further deposed that he is the

Supervisory Officer of FIR No.230/2023 under Section 3 of the Himachal Pradesh Open Places (Prevention

of Disfigurement) Act, 1985, and Section 3 of the Prevention of Damage to Public Property Act, 1984

registered at PS Dharamshala. These cases are mentioned at Serial No.73 and 75 respectively of the

Background Note. The contents of the affidavit are stated to be based on record revealed during investigation

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as well as on his personal knowledge acquired as the Investigating/ Supervisory Officer of the FIRs

mentioned above. The documents annexed to the affidavit were stated to be true copies of the respective

originals and documents have been marked as exhibits during the course of deposition.

FIR No. 77/2022, Police Station-Dharamshala, District Kangra, Himachal Pradesh

ii.

PW-46 testified that FIR No.77/2022 dated 08.05.2022 under Section 153A, 153B IPC 1860, Section

3 of Himachal Pradesh Open Places (Prevention of Disfigurement) Act, 1985 was registered at Police Station:

Dharamshala, District Kangra, Himachal Pradesh. Later on, Section 3 of Prevention of Damage to Public

Property Act, 1984 was invoked vide supplementary challan dated 01.09.2019. Section 13 Unlawful

Activities (Prevention) Act, 1967 was added vide case diary No.01 dated 08.05.2022. The said FIR was

registered on the statement of Shri Ram Chand @ Ajay Kumar, who informed that on 08.05.2022 while he

was going towards Siddhwadi from Vidhan Sabha Bhawan Tapovan for morning walk, he saw yellow

banners hanging, on which KHALISTAN was written in black color in English. Also, ‘KHALISTAN’ was

written in Punjabi in green color on the wall of the gate. The act was stated to have been done by some

unknown persons on the previous night with the intention to create wrong impact on the religion. FIR was

accordingly registered.

iii.

Copy of the FIR annexed with affidavit in vernacular is Exhibit PW-46/P1 and English translation

thereof is Exhibit PW-46/P2; copy of statement of informant/Ram Chand @ Ajay Kumar in vernacular is

Exhibit PW-46/P3 and English translation thereof is Exhibit PW-46/P4.

iv.

He deposed that during investigation, the spot was inspected and site plan was prepared.

Photographs were also clicked and statement of witnesses was recorded. Khalistan banners put up along the

main gate and wall of the Vidhan Sabha Tapovan building along with green and white colour paint used for

writing were seized vide Seizure Memo dated 08.05.2022. It was also found that a video had gone viral on

social media and News Channel, in which Gurpatwant Singh Pannun had taken responsibility for affixation

of Khalistani flags at the said spot by members of SFJ. In the said video, a person also talks about the merger

of Himachal Pradesh with the State of Punjab through Referendum on 6th June 2023 and declaring the State

of Himachal Pradesh as Khalistan State. The said video was taken into possession as evidence and

consequently, Section 13 of Unlawful Activities (Prevention) Act, 1967 was invoked vide Case Diary No. 01

dated 08.05.2022.

v.

Copy of site plan in vernacular along with English translation thereof is collectively Exhibit PW-

46/P5; copy of photographs of the site of incident is Exhibit PW-46/P6 (colly).; copy of Seizure Memo of

yellow colour flags along with green colour paint dated 08.05.2022 in vernacular is Exhibit PW-46/P7 and

English translation thereof is Exhibit PW-46/P8; copy of statement of Raman Sharma and Rajender Kumar

in vernacular is Exhibit PW-46/P9. English translation thereof is Exhibit PW-46/P10; copy of the transcript

of the video along with pen drive containing the video which is tendered in evidence today is Exhibit PW-

46/P11; copy of Certificate under Section 65-B, Indian Evidence Act, 1872 in vernacular is Exhibit PW-

46/P12 and its English translation thereof is Exhibit PW-46/P13; copy of Case Diary No.01 dated

08.05.2022 in vernacular is Exhibit PW-46/P14 and English translation thereof is Exhibit PW-46/P15.

vi.

He further deposed that during investigation, one Vijay Kumar Walia was found connected to the

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207

present case and on interrogation disclosed that on 07.05.2022, two persons from Punjab came on Scooty

Number PB87-5411 to stay at his Home Stay. Thereafter, he provided two mobile numbers - 7527966742

and 9592322583 of the accused. The CDRs of the mobile number of accused was reviewed, which revealed

that they were residents of Morinda Roopnagar (Punjab) and were present at Himachal Pradesh on the

relevant day i.e. 07.05.2022. Accordingly, the police searched the area of Morinda Roopnagar, Punjab. The

Scooty with number PB87-5411 which was used in the commission of offence was traced and found parked

outside the residence of accused Harveer Singh (mobile no. 9592322583). On opening the dickey of the

Scooty, a key, one saffron color cloth, 3 surgical gloves and original RC of the Scooty were recovered vide

and taken into possession vide Seizure Memo dated 11.05.2023. During further interrogation, accused Harvir

Singh also disclosed that another person Paramjeet Singh @ Pamma was with him on the day of incident i.e.

07.05.2022 at Vidhan Sabba Tapovan Dharamshala. Thereafter, accused Harvir Singh was arrested on

11.05.2022 and his mobile phone was seized vide Seizure Memo dated 13.05.2022. Co-accused Paramjeet

@ Pamma was arrested on 14.05.2022.

Copy of the relevant CDR data is Exhibit PW-46/P 16; copy of Seizure Memo of Scooty No.PB87-

5411 along with other articles dated 11.05.2023 in vernacular is Exhibit PW-46/P17 and English translation

thereof is Exhibit-PW-46/P18; copy of arrest memos of both accused in vernacular is Exhibit PW-46/P19

and English translation thereof is Exhibit PW-46/P20; copy of Seizure memo of mobile phone of accused

Harvir Singh dated 13.05.2022 in vernacular is Exhibit PW-46/P21 and English translation thereof is

Exhibit PW-46/P22.

vii.

PW-46 further testified that disclosure statement of accused Harvir Singh was recorded under Section

27 of the Indian Evidence Act, 1872 whereupon he disclosed about the place from where the paint was

purchased along with other particulars. Based on the disclosure statement of accused Harvir, a spray paint

bottle was recovered from the spot at Vidhan Sabha Tapvan Dharashala vide Seizure and Recovery Memo

dated 14.05.2022. A shop named ‘Dulux Hardware’ at Yol Bazar was also identified by accused Harvir Singh

and a memo of identification of the shop was prepared on 14.05.2022. Accused Harvir and Paramjeet Singh

also identified a place at Tarkhan Khas Punjab near Sarhind Canal bushes, from where they had brought 5

yellow Khalistan flags and a memo of identification of the said spot was prepared on 17.05.2022.

viii.

Copy of the disclosure statement of accused Harvir in vernacular is Exhibit PW-46/P23 and English

translation thereof is Exhibit PW-46/P24; copy of Seizure and Recovery Memo dated 14.05.2022 in

vernacular is Exhibit PW-46/P25 and English translation thereof is Exhibit PW-46/P26.; copy of

identification memo of Shop ‘Dulux Hardware’ at Yol Bazar in vernacular is Exhibit PW-46/P27 and

English translation thereof is Exhibit PW-46/P28; copy of identification memo of spot at Tarkhan Khas

Punjab near Sarhind Canal in vernacular is Exhibit PW-46/P29 and English translation thereof is Exhibit

PW-46/P30.

ix.

He further testified that during investigation, the mobile phones of the accused were sent to RFSL

Dharamshala, District Kangra, Himachal Pradesh for Data Retrieval/Analysis. As per RFSL Dharamshala

Report dated 25.05.2022, the video which went viral on 08.05.2022 was made on the mobile number of

accused Harvir Singh. Further, the spray paint sample and bottle recovered were sent to RFSL Mandi for

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[PART II—SEC. 3(ii)]

analysis. As per report dated 25.05.2022, the green color paint recovered is consistent with the green color

paint found on the wall. Copy of the RFSL Report, Dharmshala dated 25.05.2022 is Exhibit PW-46/P31;

copy of the RFSL Report, Mandi is Exhibit PW-46/P32.

x.

The witness deposed that based on the investigation and evidence, Final Report/Chargesheet dated

08.07.2022 was filed against accused Harvir Singh and Paramjeet Singh @ Pumma. Copy of Final

Report/Chargesheet dated 08.07.2022 in vernacular is Exhibit PW-46/P33 and English translation thereof is

Exhibit PW-46/P34; copy of supplementary challan dated 31.08.2022 in vernacular is Exhibit PW-46/P35

and English translation thereof is Exhibit PW-46/P36.

xi.

He further stated on oath that during investigation, it was also found that accused Harvir Singh was

an active member of a WhatsApp group namely ‘US MEDIA 13 INTERNATIONAL’ which appears to be

created for the promotion of Khalistan. Accordingly, he received messages with instructions to hoist the

Khalistan flags at Vidhan Sabha Tapovan Dharmshala due to which accused Harvir Singh and co-accused

Paramjeet Singh hoisted the Khalistan flags on the spot. Further, accused prepared a video of the whole

incident and sent it to mobile number +13472880173. Thereafter, the same went viral on social media and

Newspapers. To establish the link of accused Harvir Singh’s mobile number with 2 suspected international

numbers, i.e., +13472880173 and +19174766317, necessary correspondence has been made through MLAT

for procuring relevant evidence from the service provider of WhatsApp in USA. However, the response

therein is still awaited. Copy of MLAT dated 07.03.2023 is Exhibit PW-46/P37.

FIR No. 230/2023, Police Station Dharamshala, District Kangra, Himachal Pradesh

xii.

PW-46 deposed that FIR No.230/2023 dated 04.10.2024 under Section 3 of Himachal Pradesh Open

Places (Prevention of Disfigurement) Act, 1985 and Section 3 of Prevention of Damage to Public Property

Act, 1984 was registered at Police Station Dharamshala, District Kangra, Himachal Pradesh, on the statement

of Ashwani Kumar. He informed that on 03.10.2023, he along with Prakash Chand was on duty near the

office of Executive Engineer, Jal Shakti Department, wherein a boy standing near the road sat down near the

wall with a signboard and started writing something. Not suspecting the commission of any illegal activity,

the complainant and Prakash Chand went to their respective offices. Later, when the informant came out of

his office, he saw ‘KHALISTAN ZANDABAD’ written in English on the wall. Accordingly, the said FIR was

registered under section 3 of Himachal Pradesh Open Places (Prevention of Disfigurement Act, 1985 and

section 3 Prevention of Damage to Public Property Act, 1984.

xiii.

A Copy of the FIR in vernacular is Exhibit PW-46/P38 and English translation thereof is Exhibit

PW-46/P39; copy of the statement of informant/Ashwani Kumar in vernacular is Exhibit PW-46/P40 and

English translation thereof is Exhibit PW-46/P41.

xiv.

He further deposed that during investigation, CCTV footage of the spot was checked and it was

revealed that a person is coming towards the spot of occurrence, but the suspect could not be identified. An

Untrace Report dated 25.01.2024 was filed before CJM, Kangra which was accepted vide order dated

05.10.2024. Copy of the Untrace Report in vernacular is Exhibit PW-46/P42 and English translation thereof

is Exhibit PW-46/P43; copy of order dated 05.10.2024 passed by CJM, Kangra is Exhibit PW-46/P44.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

209

xv.

The witness has stated on oath that the FIRs reflect that Gurpatwant Singh Pannun and his

organization SFJ are indulging in secessionist activities after it was already banned in 2019. He expressed

the view that if the ban to the SFJ is not extended or the activities are not curbed, it will resurrect and revive

militancy and terrorism in the State of Punjab.

69.

PW-47

i.

PW-47 Ram Swroop Thakur, Station House Officer (SHO), PS Shimla West (also referred to as

PS Boileauganj), District Shimla, Himachal Pradesh, tendered his affidavit Exhibit PW-47/A after due

authorization by the Competent Authority. He deposed that he is the Supervisory Officer of FIR No.221/2022

under Sections 153A and 153B IPC registered at PS Shimla West, Himachal Pradesh, mentioned at Serial

No.74 of the Background Note. The contents of the affidavit are stated to be based on record revealed during

investigation as well as on his personal knowledge acquired as the Supervisory Officer of the FIR mentioned

above. The documents annexed to the affidavit were stated to be true copies of the respective originals and

documents have been marked as exhibits during the course of deposition.

FIR No. 221/2022, Police Station-Shimla West (Boileauganj), District Shimla, Himachal Pradesh

ii.

PW-47 deposed that FIR No. 221/2022 dated 08.09.2022 u/s 153A and 153B of IPC was registered

at Police Station: Shimla West (Boileauganj), District Shimla, Himachal Pradesh. Section 120B was

subsequently invoked. The aforesaid FIR was registered on the statement of Rakesh Kumar Sharma, a

Security Guard at Jal Shakti Bhawan Tutikandi, District Shimla, Himachal Pradesh. Complainant stated that

he was a night watchman at Jal Shakti Bhawan and on 05.09.2022 around 11:30 PM, during duty hours he

saw a yellow cloth hanging on the main gate. The cloth was inscribed with “KHALISTHAN” and also had a

logo. He further stated that he took off the said piece of cloth and kept it over a drain outside the Jal Shakti

Bhawan. FIR was accordingly registered.

iii.

Copy of the FIR annexed with affidavit in vernacular along with English translation thereof is

Exhibit PW-47/P1; copy of statement of Rakesh Kumar Sharma in vernacular along with English translation

thereof is Exhibit PW-47/P2; copy of statements of Prem Chand and Hemraj recorded under Section 161

Cr.P.C. in vernacular are Exhibit PW-47/P3 and English translation thereof are Exhibit PW-47/P4.

iv.

He further deposed that on receiving the complaint, the site was inspected. A site plan (spot map)

was prepared and photographs of the site were taken. The yellow-coloured piece of cloth on which

KHALISTAN was written was taken into possession vide separate seizure memo dated 10.09.2022.

v.

Copy of site map/spot map in vernacular along with English translation thereof and the photographs

of the spot are collectively Exhibit PW-47/P5; copy of seizure memo dated 10.09.2022 in vernacular along

with English translation thereof is Exhibit PW-47/P6.

vi.

He testified that during investigation, it was found that one Raman alias Sonu and Sam, who were

arrested by Punjab Police in FIR No.102/2022 dated 08.08.2022 registered at Police Station: Navi Bradari,

Jalandhar, disclosed that on 05.09.2022, the accused had travelled to Shimla and hoisted the flag of Khalistan

on the main gate of Jal Shakti Bhawan, Tutikandi. Since both the accused were in judicial custody in Central

Jail Kapurthala in Punjab, production warrants were obtained from the Competent Court. The accused were

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[PART II—SEC. 3(ii)]

formally arrested on 12.01.2023. Accused Raman alias Sonu made a disclosure statement regarding hoisting

of flag and making of video with his mobile phone which he had sent to a person named Vikramjit in America,

with whom he used to talk on WhatsApp call. The spot identification memo dated 13.01.2023 was prepared

at his instance. Copy of production warrants of both accused are collectively Exhibit PW-47/P7; copy of

information of arrest u/s 50 Cr.P.C. in respect of both the accused in vernacular is Exhibit PW-47/P8 and

English translation thereof is Exhibit PW-47/P9; copy of disclosure statement of accused Raman alias Sonu

in vernacular along with English translation thereof is collectively Exhibit PW-47/P10; copy of memo of

identification of spot dated 13.01.2023 (inadvertently mentioned as seizure memo of the spot) in vernacular

along with English translation thereof is collectively Exhibit PW-47/P11.

vii.

He further deposed that chargesheet was filed against accused Raman alias Sonu and Sam for

offences punishable under Section 153A, 153B and 120B IPC. Both the accused are on bail vide order dated

07.03.2023 and 14.03.2023 passed by Additional CJM. Copy of the chargesheet in vernacular is Exhibit

PW-47/P12 and English translation thereof is Exhibit PW-47/P13; copy of orders dated 07.03.2023 and

14.03.2023 are collectively Exhibit PW-47/P14. The case is stated to be pending trial before CJM, Shimla

and the last date of hearing was 26.04.2024. Copy of the last order dated 26.04.2024 is Exhibit PW-47/P15.

viii.

He testified that Raman @ Sonu is accused in three other cases mentioned at Serial No. 37, 41 and

42 of the Background Note, and accused Sam is accused in two other cases mentioned at Serial No.37 and

42 of the Background Note.

ix.

PW-47 further stated on oath that the aforesaid FIR has been registered against Gurpatwant Singh

Pannun and his organization SFJ after the same was banned in 2019. This shows that Gurpatwant Singh

Pannun and other leaders of SFJ are continuously indulging in cessation and secessionist activities. He was

of the view that if the ban to the SFJ is not extended or activities are not curbed, it will resurrect and revive

militancy and terrorism in the State of Punjab in particular and other parts of the country.

70.

PW-48

i.

PW-48 Pramod Kumar Mishra, Deputy Superintendent of Police, Hatia, Ranchi, Jharkhand,

tendered his affidavit Exhibit PW-48/A after due authorization by the Competent Authority. He deposed

that he is the Investigating Officer of FIR No.69/2024 dated 19.02.2024 under Sections 10 and 13 of the

Unlawful Activities (Prevention) Act, 1967, and Section 66(F) of the Information Technology (Amendment)

Act, 2008, registered at PS Dhurva, Ranchi, and tendered the said FIR by way of additional affidavit Exhibit

PW-48/B. This FIR is mentioned at Serial No.96 of the Background Note.The contents of the affidavit are

stated to be based on record revealed during investigation as well as his personal knowledge acquired over

31 years of service as a Police Officer. The documents annexed to the affidavit were stated to be true copies

of the respective originals and documents have been marked as exhibits during the course of deposition.

FIR No. 69/2024, PS-Dhurva, Ranchi, Jharkhand

ii.

PW-48 testified that FIR No.69/2024 dated 19.02.2024 was registered at P.S. Dhurva, Ranchi on the

statement of Sub-Inspector of Police Madan Kumar Mahto. He stated that a test match between India and

England was scheduled at JSCA Stadium, Ranchi from 23.02.2024 to 27.02.2024 and Gurpatwant Singh

Pannun through a video uploaded on YouTube called upon the banned organization CPI (MAOISTS) in India

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

211

to create disturbance in Jharkhand and Punjab in order to cancel the match between India and England.

Gurpatwant Singh Pannun further threatened Indian Captain of Indian Cricket Team Rohit Sharma and

Captain of England Cricket Team Ben Stokes. The said act was stated to have been done to create fear among

the locals and cause losses to the Government of India and BCCI. Also, an attempt was made to tarnish the

image of India at International level.

iii.

Copy of the FIR annexed with affidavit is Exhibit PW-48/A1, and the English translation thereof is

Exhibit PW-48/A2.

Copy of statement of SI Madan Kumar Mahto in vernacular is Exhibit PW-

48/P-3 and English translation thereof is Exhibit PW-48/P-3/1. The copy of FIR has been tendered by way

of separate affidavit today, as referred to above.

iv.

He deposed that subsequently, Officer-in-Charge of Police Station: Dhurwa filed an application

before Chief Judicial Magistrate, Sadar Court, Ranchi seeking permission to also invoke offences u/s 16, 17,

18, 18B and 20 of Unlawful Activities (Prevention) Act, 1967 apart from Section 10 and 13 of UAPA. Copy

of aforesaid application in vernacular is Exhibit PW-48/P-4 and English translation thereof is Exhibit PW-

48/P-4/1.

v.

He further testified that during investigation, statement of witnesses Shashi Bhusan Singh and

Manish Kumar was recorded under Section 161 Cr.P.C. They stated that they had seen the video on YouTube

wherein the call had been made by Gurpatwant Singh Pannun with the aim to cancel the cricket match fixed

between England and India from 23.02.2024 to 27.02.2024, which further instilled fear among the people in

the area. Copy of statement of Shashi Bhusan Singh recorded under Section 161 Cr.P.C. in vernacular is

Exhibit PW-48/P-5 and English translation thereof is Exhibit PW-48/P-5/1; copy of statement of Manish

Kumar recorded under Section 161 Cr.P.C. in vernacular is Exhibit PW-48/P-6 and English translation

thereof is Exhibit PW-48/P-6/1. The case is stated to be under investigation.

vi.

PW-48 further deposed that apart from the present FIR, Special Branch, Ranchi vide memo no.

455/CTIC dated 08.10.2024 provided certain data inputs with reference to “Daljeet Singh Sandhu” who is a

sympathizer for Sikhs for Justice (SFJ). Copy of the memo No.455/CTIC dated 08.10.2024 is Exhibit PW-

48/P-7 and English translation thereof is Exhibit PW-48/P-7/1; copy of input information is Exhibit PW-

48/P-8.

vii.

PW-48 testified that earlier, on receiving the secret information, Deputy Superintendent of Police,

Special Branch, Jamshedpur, vide letter no.1637 dated 02.10.2021 on conducting verification found that two

cases had been registered against “Daljeet Singh Sandhu” i.e. Case No.113/12 dated 07.04.2012 u/s 379 and

411 of IPC at P.S. Telco & Case No.32/13 dated 24.01.2013 u/s 323, 341, 504, 506, 34 IPC at P.S. Golmuri.

During verification, it was found that “Daljeet Singh Sandhu” was in contact with Gurpatwant Singh Pannun

and his conduct was also suspicious. Further, Deputy Superintendent of Police, Special Branch, Jamshedpur

vide letter no. 1631 dated 17.12.2022 conducted enquiry and found that publication by social media group

OpIndia regarding posters depicting Khalistani Terrorist Jarnail Singh Bhindrawale, Beant Singh, Satwant

Singh Rajoana, Davinder Pal Singh Bhullar, Dilawar Singh Babber and describing Indian Army as Hindutva

Terrorists in the Jharkhand Gurudwara was true and such posters were placed in the Gurudwara Museum as

Martyrs.

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[PART II—SEC. 3(ii)]

viii.

The copy of communication regarding verification with reference to memorandum dated 22.09.2021

in vernacular is Exhibit PW-48/P-9 and English translation thereof is Exhibit PW-48/P-9/1. The

communication dated 17.12.2022 regarding putting up of posters referred to above in vernacular is Exhibit

PW-48/P-10 and English translation thereof is Exhibit PW-48/P-10/1. Copy of Communication dated

10.06.2023 addressed by Special Cell in respect of putting up of posters of Khalistani Extremist and Thinker

Jarnail Singh Bhindrawale at Golmuri Chowk in vernacular is Exhibit PW-48/P-11 and English translation

thereof is Exhibit PW-48/P-11/1.

ix.

The witness further deposed that the aforesaid FIR has been registered against Gurpatwant Singh

Pannun and SFJ after it has already been banned in 2019. The same reflect that Gurpatwant Singh Pannun

and other leaders of SFJ even after ban are continuously indulging in cession and secessionist activities

clandestinely. He expressed the view that if the ban to the SFJ is not extended or its activities are not curbed,

it will resurrect and revive militancy and terrorism in the State of Punjab in particular and other parts of the

country.

71.

PW-49

i.

PW-49 Talwinder Singh Gill, Deputy Superintendent of Police (Detective), SAS Nagar, Punjab,

tendered his affidavit Exhibit PW-49/A after due authorization by the Competent Authority. He deposed

that he is the Supervisory Officer of FIR No.149/2017 dated 06.07.2017 u/s 124A, 153A, 153B, 120B IPC

registered at PS: Sohana; FIR No.07/2020 dated 01.02.2020 u/s 384, 387, 506, 294, 385 IPC registered at PS:

Phase XI, SAS Nagar, and FIR No.43/2020 dated 19.06.2020 u/s 124A, 131, 153A IPC and Sections 10, 13

of the Unlawful Activities (Prevention) Act, 1967 registered at PS: Sadar Kurali, mentioned at Serial Nos.

02, 13, and 19, respectively of the Background Note. The contents of his affidavit are stated to be based on

record revealed during investigation as well as on his personal knowledge acquired during 8 years of service

as a Police Officer. The documents annexed to the affidavit were stated to be true copies of the respective

originals and documents have been marked as exhibits during the course of deposition.

FIR No.149/2017 PS-Sohana, District SAS Nagar,Punjab

ii.

PW-49 testified that FIR No.149/2017, dated 06.07.2017, under Sections 124A, 153A, 153B, 120B

IPC, was registered at PS Sohana, District SAS Nagar, on statement of CIA Incharge, Inspector Atul Soni

who received a secret information that objectionable posters had been put up in various places in Punjab. The

posters reflected "Freedom is the solution, 2020 Punjab Independence Referendum" and “33 years ago,

thousands of innocent Sikhs were massacred during the army attack on Darbar Sahib”. A photo of

Bhindranwale and an image of the damage done to Akal Takht Sahib in 1984 was also posted on the

objectionable poster. One of said objectionable posters was put up at CGC Landran, District Mohali which

created an atmosphere of fear amongst general public. Also, many such posters were put up near religious

places. The complainant further reported that the persons behind said posters were Gurpatwant Singh

Pannun, Legal Advisor for Sikhs for Justice (A New York based organization), Jagdeep Singh @ Baba Singh

from Fatehgarh Sahib (residing in New York) and Jagjit Singh from Jammu (presently residing in New York).

Further, the said persons were stated to be using Harpuneet Singh from Nanak Nagar, Jammu (who works at

SK Publicity Printing Press, Jammu) and Gurpreet Singh (s/o of Kuldeep Singh r/o House No.869, Sector-

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

213

80, Mohali, who runs a Printing Press) by misleading them with temptation to work against the country. The

FIR was accordingly registered. Further, during course of investigation, objectionable posters from the walls

of CGC College, Landram was removed. Also, a laptop with charger and a computer set was seized on

06.07.2017 from office of Gurpreet Singh.

iii.

The copy of the FIR annexed with affidavit is Exhibit PW-49/P1 and English translation thereof is

Exhibit PW-49/P2; copy of Seizure memo dated 06.07.2017 in respect of laptop used by accused Gurpreet

Singh is Exhibit PW-49/P3 along English translation thereof. The computer used by accused Gurpreet Singh

for preparing the objectionable posters was seized vide seizure memo dated 06.07.2017 and the same is

Exhibit PW-49/P4 along with English translation thereof; The seizure memo of poster affixed in front of

CGC College is Exhibit PW-49/P5 along with English translation thereof.

iv.

PW-49 further deposed that during investigation, Harpuneet Singh and Gurpreet Singh were arrested

and memos of arrest along with English translation thereof are Exhibit PW-49/P6. Copy of statement of

witnesses ASI Harbhajan Singh, HC Deepak and HC Raj Kumar recorded under Section 161 Cr.P.C. along

with English translation thereof are Exhibit PW-49/P7 (colly). He stated that final report/Chargesheet under

Section 173 Cr.P.C. against accused Gurpreet Singh and Harpuneet Singh has been filed, and the relevant

English translation is Exhibit PW-49/P8. The case is stated to be pending trial. The necessary steps are also

being taken against accused Gurpatwant Singh Pannun, Jagdeep Singh and Jagjit Singh, who are based at

New York for declaring them as Proclaimed Offenders.

FIR No.07/2020 Police Station-Phase XI, SAS Nagar, Punjab.

v.

PW-49 deposed that FIR No.07/2020 dated 01.02.2020 under Sections 384, 387, 506, 294, 385 IPC

was registered at Police Station Phase XI, SAS Nagar on the statement of Gurdial Singh who stated that on

17.01.2020 at about 07.13 p.m., he received a call on his mobile number from 7082251487 and demanded an

extortion amount of Rs.5 lakhs failing which he would be shot dead. Threat was also extended for killing

him along with his family in case the amount was not paid. The Truecaller further depicted the photograph

of Bhindranwale. FIR was accordingly registered. The copy of the FIR annexed with the affidavit is Exhibit

PW-49/P9 and its English translation thereof is Exhibit PW-49/P10.

vi.

He further testified that during course of investigation, four accused were arrested, namely Harshdeep

Singh, Bharmjot Singh, Ravi Kumar and Amandeep Singh. The memos of arrest in vernacular along with

English translation thereof are collectively Exhibit PW-49/P11. Copy of statement of witnesses, namely,

Const. Harpreet Singh, HC Nishan Singh, Jasvir Singh recorded under Section 161 Cr.P.C. is collectively

Exhibit PW-49/P12 along with English translation thereof. The copy of the Chargesheet/final report in

vernacular along with English translation thereof against the four accused is collectively Exhibit PW-

49/P13.

The case is stated to be pending trial.

vii.

The witness has further deposed that during the course of investigation no direct evidence could be

collected implicating SFJ or Gurpatwant Singh Pannun but the same stands reflected in the Background Note

filed by the Ministry of Home Affairs as the photograph of Bhindranwale was seen on the posters. The said

photograph is also used by SFJ in its campaign to propagate cession/secessionist activities.

214

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[PART II—SEC. 3(ii)]

FIR No.43/2020, Police Station-Sadar Kurali, District SAS Nagar, Punjab.

viii.

PW-49 deposed that FIR No.43/2020, dated 19.06.2020, under Sections 124A, 131, 153A IPC, and

Sections 10, 13 of the Unlawful Activities (Prevention) Act, 1967 was registered at Police Station Sadar

Kurali, District SAS Nagar, on the statement of Amroz Singh, DSP Subdivision-Kharar-2, who received a

source information that automated pre-recorded audio message calls were being made from telephone number

+13074592978. The aforesaid calls contained the audio message, wherein the caller claimed that he is

Gurpatwant Singh Pannun, General Counsel of Sikhs for Justice and the group seeks secession of Punjab

from India. In one such recorded audio message, Pannun was instigating the Sikh Army personnel that they

should not give their lives for the country as India has been committing genocide of Sikhs. He also lured

them by asking to leave the Indian Armed Forces and that he would pay them equivalent amount of salary

and Rs.5000/- etc.

ix.

He further deposed that it was also recorded in the FIR that at a time when the whole country was

mourning the death of gallant soldiers in Galwan valley, Gurpatwant Singh Pannun was trying to mock at the

supreme sacrifice of the Sikh soldiers and was trying to incite them and create disaffection amongst them.

Gurpatwant Singh Pannun was further alleged to have circulated a letter on social media in which he has

condemned India's action against China at the International border at Ladakh. Pannun also thanked people

of China for overwhelming, encouraging and supporting response they had given to SFJ's recent call for non-

Governmental Referendum 2020 for the secession of Punjab from India.

x.

The witness testified that during the course of investigation, a copy of video clipping on YouTube in

circulation was also seized wherein Gurpatwant Singh Pannun is seen inciting in this regard. He stated that

it was also revealed during investigation that automated pre-recorded (IVR) audio message calls from

telephone number +18647131173, +12156076807 and +16162085475 were received on 17.06.2020, in which

a lady who is yet to be identified, claimed that she is from China and is a supporter of Sikhs for Justice (SFJ).

Further, she appealed to the people of Punjab to participate in voter registration for Punjab Referendum 2020

which would start from 4th July, 2020. She also instigated the Sikhs, alleging that India has committed

genocide of Sikhs and is destroying the Sikh religion. The US based organization 'Sikhs for Justice' was

found to be indulging in activities, which have the potential of disrupting peace, unity and integrity of the

country and intends to disrupt the sovereignty and territorial integrity of India.

The case is stated be still under investigation.

xi.

Copy of the FIR is Exhibit PW-49/P14; copy of seizure memo of pen drive containing the video and

URL link of pro-Khalistani speech given by Gurpatwant Singh Pannun is Exhibit PW-49/P15; copy of said

video clipping is being placed on record and is Exhibit PW-49/P15A; The transcript of downloaded video

is Exhibit PW-49/P16; Orders passed by the concerned Court whereby Gurpatwant Singh Pannun has been

declared as Proclaimed Offender is Exhibit PW-49/P17.

xii.

The witness PW-49 has further stated on oath that Gurpatwant Singh Pannun and his organization

SFJ continues its activities after it has already been banned in 2019. This shows that Gurpatwant Singh

Pannun and other leaders of SFJ are continuously indulging in cession and secessionist activities. He further

expressed the view that if the ban to the SFJ is not extended or its activities are not curbed and controlled

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

215

immediately, it will resurrect and revive militancy and terrorism in the State of Punjab in particular and other

parts of the country.

72.

PW-50

i.

PW-50 Palwinder Singh Cheema, PPS No.DR/2011, Superintendent of Police, Special Branch-

cum-Investigation, Sangrur, Punjab tendered his affidavit Exhibit PW-50/A after due authorization by the

Competent Authority. He deposed that he is the Supervisory Officer of FIR No.116 dated 20.06.2022 u/s

153-A, 153-B, 120-B IPC, Section 13, 18 Unlawful Activities (Prevention) Act, 1967 and Section 3 of the

Punjab Prevention of Defacement of Property Act, 1997 registered at P.S.: City Sangrur and FIR No.118

dated 27.06.2022 u/s 153-A/153-B/427/120-B IPC and Section 3 of the Punjab Prevention of Defacement

of Property Act, 1997 registered at PS: City Sangrur, mentioned at Serial No.35 and 36 respectively of the

Background Note. The contents of the affidavit are stated to be based on record revealed during investigation

as well as on his personal knowledge acquired during 13 years of service as a Police Officer since 2011. The

documents annexed to the affidavit were stated to be true copies of the respective originals and documents

have been marked as exhibits during the course of deposition.

FIR No.116 dated 20.06.2022

ii.

He deposed that FIR No.116 dated 20.06.2022 u/s 153-A, 153-B, 120-B IPC, Section 13, 18

Unlawful Activities (Prevention) Act, 1967 and Section 3 of The Punjab Prevention of Defacement of

Property Act, 1997 was registered at P.S.: City Sangrur on 20.06.2022 on information by Inspector Amrik

Singh who received a secret information during the course of his duty. Further, the secret information

depicted in transcription of the FIR reads as under: “on the back side gate of Maha Kali Devi Mandir, Patiala

Gate, Sangrur, which is towards the Banasar Bagh side and remains usually closed and Punjab Hal

Khalistan26 January” and in English Referendum 26 and in English Refrendum 26 January, 2023" is got

written by spray with black spray paint by Gurpatwant Singh Pannu, who is running an illegal organization

SFJ for anti-national activities from abroad and this organisation is declared illegal by the government of

India. Through conspiracy he got it written with the help of naughty unidentified Persons and in English

"REFRENDUM 26 January 2023" has been written. Now in this regard, a video has been viralled on the

Social media, at which I Inspector checked the viral video on my mobile phone and saw the viral video in

which video Gurpatwant Singh Pannu has claimed oral responsibility for getting written "Punjab Hal

Khalistan SFJ 26 January" and "REFRENDUM 26 January 2023" in English on Mahakali Devi Mandir

Patiala Gate, Sangrur on the back gate and wall with black spray paint by his unidentified naughty persons

and he is making inflammatory statements against the country. By making provocative statements in the viral

video at the social media and by getting written Punjab Hal Khalistan SFJ 26 January and in English

REFRENDUM 26 January 2023 with black spray paint on the back gate and wall of Mahakali Devi Temple

Patiala Gate Sangrue, through unidentified bad elements, the religious sentiments of the people have been

hurt. His intention is to create an atmosphere of fear and intimidation by creating bitterness among the

people of different religions and sects.”

216

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[PART II—SEC. 3(ii)]

The case is stated to be still under investigation.

The copy of the FIR annexed with affidavit in vernacular is Exhibit PW-50/P1 and English

translation thereof is Exhibit PW-50/P2; copy of statement of witnesses namely C. Kuldeep Singh and

Inspector Amrik Singh in vernacular is Exhibit PW-50/P3 and English translation thereof is Exhibit PW-

50/P4.

FIR No.118 dated 27.06.2022

iii.

PW-50 deposed that FIR No.118 dated 27.06.2022 u/s 153-A/153-B/427/120-B IPC and Section 3

of the Punjab Prevention of Defacement of Property Act, 1997 was registered at PS: City Sangrur on

27.06.2022 on statement of Inspector Amrik Singh, 22/RRT SHO, P.S. City Sangrur. As per FIR, on

27.06.2022 during course of duty, Inspector Amrik Singh received a secret information that Gurpatwant

Singh Pannun by hatching a conspiracy with mischievous persons had written slogans near Gate No.2 of

Banasar Bagh on the shutter of two closed shops. Further, on the shutter of one shop it was written “Khalistan

Jindabad” and on the other shutter “SFJ” was written. Also, on parked cars, “SFJ” and “Khalistan” was

written. At Namdev Chowk, “Khalistan Jindabad” was also written on the gate supported by pillars. “SFJ”

was also reported to be written on the outer gate pillars of Water Supply and Sanitation Department, Punjab.

On the gate of Ranbir Club, “Khalistan Jindabad” was noticed. Further, on the iron board of the District

Rehabilitation of Handicapped Persons Centre, “SFJ” was written. FIR was accordingly registered.

He further deposed that Gurpatwant Singh Pannun took the responsibility of writing the said slogans

through a video which was uploaded on social media. The

The copy of the FIR annexed with affidavit is Exhibit PW-50/P5 and English translation thereof

is Exhibit PW-50/P6; copy of statement of witnesses recorded during investigation under Section 161

Cr.P.C. in vernacular is Exhibit PW-50/P7 and English translation thereof is Exhibit PW-50/P8.

He further testified that during the course of investigation, accused Resham Singh, Kulwinder Singh

@ Binder and Manpreet Singh were identified as accused on secret information. The memo of identification

of accused prepared on 30.06.2022 during investigation is Exhibit PW-50/P9 in vernacular and English

translation thereof is Exhibit PW-50/P10.

He further testified that accused Resham Singh, Kulwinder Singh @ Binder and Manpreet Singh

were arrested on 30.06.2022 and memo of arrest is Exhibit PW-50/P11 and English translation thereof is

Exhibit PW-50/P12.

iv.

Further, during investigation, two spray paint cans were stated to be recovered at instance of accused

Resham Singh and one spray paint was recovered at instance of accused Kulwinder Singh @ Binder. Two

motorcycles, 05 mobile phones with SIM and cloths worn by the accused at the time of committing the crime

were also stated to be recovered.

True copy of recovery memos in vernacular is collectively Exhibit PW-50/P13 and English

translation thereof is Exhibit PW-50/P 14.

v.

He further testified that true copies of memos of presentation of photographs taken from the scene of

crime, pen drive in which the accused were seen writing “Khalistan Jindabad” and “SFJ” on closed shutters

of shops and cars as well as on outer gate of Covid Centre and main gate of Water Supply and Sanitation

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

217

Department along with production memo of pen drive containing audio/video of Gurpatwant Singh Pannun

are collectively Exhibit PW-50/P15. English translation thereof is Exhibit PW-50/P16. The copy of the

video clipping contained in pen drive was identified as Exhibit PW-50/P16A.

vi.

He further stated that on completion of investigation, chargesheet has been filed against three accused

under relevant sections and the charge was framed by the learned Trial Court vide order dated 06.05.2023.

The copy of the chargesheet in vernacular is Exhibit PW-50/P17 and English translation thereof is Exhibit

PW-50/P18. Certified copy of order on charge dated 06.05.2023 is Exhibit PW-50/P19.

vii.

PW-50 further deposed that bail applications of the three accused, namely, Manpreet Singh,

Kulwinder Singh @ Binder and Resham Singh were dismissed by the Competent Courts vide orders dated

27.10.2020, 18.07.2023, 27.07.2023 and 16.12.2022 respectively and the copy of the same is collectively

Exhibit PW-50/P20. Subsequently, bail applications of the accused Manpreet Singh, Kulwinder Singh @

Binder and Resham Singh were allowed vide orders dated 14.03.2023, 01.05.2024 and 07.05.2024

respectively and the copy of the same is collectively Exhibit PW-50/P21.

The matter is further stated to be under trial before the Court of Ld. Additional Sessions Judge,

Sangrur and the last date of hearing was 29.10.2024 for prosecution evidence.

viii.

He further deposed that at present, LoC against accused Gurpatwant Singh @ Pannu has been issued

by the Bureau of Immigration (Ministry of Home Affairs) Government of India on 14.03.2023. Also, land

of accused Gurpatwant Singh @ Pannu situated in Amritsar has been attached by NIA.

Copy of the LoC issued against Gurpatwant Singh Pannun is Exhibit PW-50/P22.

ix.

He further stated that the aforesaid FIRs have been registered against Gurpatwant Singh Pannun and

his organization SFJ after it was banned in 2019. This shows that Gurpatwant Singh Pannun and other leaders

of SFJ even after ban are continuously indulging in cession and secessionist activities clandestinely. The

witness further deposed that he held the view that if the ban on SFJ is not extended, it will resurrect and

revive militancy and terrorism in the State of Punjab.

73.

PW-51

i.

PW-51 Varun Singla, Superintendent of Police, Kurukshetra, Haryana, tendered his affidavit

Exhibit PW-51/A after due authorization by the Competent Authority. He deposed that he is the Supervisory

Officer of FIR No.597 of 2020 dated 12.07.2020 under Section 124-A, 153-A IPC and Section 10(a)/13 of

the Unlawful Activities (Prevention) Act, 1967, registered at PS: Thanesar City, District Kurukshetra, FIR

No.229 of 2022 dated 29.04.2022 under Section 124-A, 153-B, 120-B IPC and Section 13 of the Unlawful

Activities (Prevention) Act, 1967, registered at PS: Thanesar City, District Kurukshetra, and FIR No.81 of

2023 dated 05.04.2023 under Section 153-B, 120-B IPC and Section 13 of the Unlawful Activities

(Prevention) Act, 1967, registered at PS: Ismailabad, mentioned at Serial No. 57, 60, and 65 respectively of

the Background Note. The contents of the affidavits are stated to be based on record revealed during

investigation as well as his personal knowledge acquired over 07 years of service as a Police Officer. The

documents annexed to the affidavit were stated to be true copies of the respective originals and documents

have been marked as exhibits during the course of deposition.

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[PART II—SEC. 3(ii)]

FIR bearing No.597/2020, Police Station- Thanesar City, Kurukshetra, Haryana

ii.

PW-51 testified that FIR bearing No.597/2020 dated 12.07.2020 under Sections 153-A, 124-A IPC

& Sections 10(a) and 13 of Unlawful Activities (Prevention) Act, 1967 was registered at P.S. Thanesar City,

Kurukshetra at instance of SI Kuldeep Singh, who stated that a secret information had been received that a

call is coming from different numbers from USA in which a pre-recorded message is played that Haryana is

a part of independent Punjab that cedes from India following a so called referendum. Further, Gurpatwant

Singh Pannun in pre-recorded message blames the government of Haryana and people of Haryana for being

inimical to the interest of Sikhs and Punjabis. Gurpatwant Singh Pannun claims that Haryana will be part of

Punjab when it becomes an independent country and the people of Haryana will then have the option of either

siding with Punjab as an independent country or of leaving the State and moving to other parts of India. He

further incites the Sikhs in Haryana and exhorts them to participate in a so called referendum for secession

following voter registration on 11th July 2020 at Gurudwara 6th Patshahi, Kurukshetra. FIR was accordingly

registered. The copy of the FIR annexed with affidavit in vernacular is Exhibit PW-51/A1 and English

translation thereof is Exhibit PW-51/A2.

iii.

He deposed that during investigation, the Manager and other workers of Gurudwara 6th Patsahi

Kurukshetra were interrogated but no clue could be found. Investigation into the pre-recorded message also

did not reveal its origin or any other information. Accordingly, Untrace Report dated 01.11.2020 was

prepared with the observation that if in future, any clue is found and placed before the Police, investigation

in the case would be conducted as per law. Copy of the Untrace Report in vernacular is Exhibit PW-51/A3

and English translation thereof is Exhibit PW-51/A4.

FIR No.229/2022, Police Station-Thanesar City, Kurukshetra, Haryana

iv.

PW-51 further deposed that FIR bearing No.229 of 2022 dated 29.04.2022 under Sections 153B,

124-A, 120-B IPC and Section 13 of the Unlawful Activities (Prevention) Act, 1967was registered at P.S.

Thanesar City, Kurukshetra at instance of Constable Sarwan Kumar who informed that on 28.04.2022 an

information was received from Prabandhak PS: Sahar Thanesar that on 28/29.04.2022, Sikhs for Justice could

hoist flag on buildings of District Secretariat or place banners. Thereafter, at about 07:00 AM, while he was

proceeding for Police Lines, he saw that outside the residence of DSP, a white sheet was hung on which

“KHALISTAN” was written in Punjabi. The said banner on white sheet was removed to ensure that religious

feelings were not exploited. A copy of the FIR in vernacular is Exhibit PW-51/A5 and English translation

thereof is Exhibit PW-51/A6.

v.

He further testified that during investigation, it was revealed that a similar case was registered in

Dharamshala, Kangra, Himachal Pradesh vide FIR No.77 of 2022 under Section 153A, 153B IPC, Section 3

of HP Open Places Prevention and Disfigurement Act, 1985 and Section 13 Unlawful Activities (Prevention)

Act, 1967. Investigation in the said case revealed that accused Paramjit Singh and Harveer Singh therein had

made a disclosure statement that they had pasted a Khalistani banner in Kurukshetra and were lodged in

Kangra Jail, Himachal Pradesh. Production warrants were accordingly issued. Accused Paramjit Singh and

Harveer Singh made a disclosure statement dated 30.05.2022.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

219

Copy of disclosure statement dated 30.05.2022 of accused Paramjit Singh in vernacular is Exhibit

PW-51/A7 and English translation thereof is Exhibit PW-51/A8; copy of disclosure statement dated

30.05.2022 of accused Harveer Singh in vernacular is Exhibit PW-51/A9 and English translation thereof is

Exhibit PW-51/A10. The accused further identified the place of incident wherein the banner was put up at

instructions of Gurpatwant Singh Pannun. Fard Nishandehi/Identification Memo in vernacular is Exhibit

PW-51/A11 and English translation thereof is Exhibit PW-51/A12. The accused also identified the

recovered sheet on which “KHALISTAN” was written as deposited in Malkhana. Memo of Identification of

white sheet in vernacular is Exhibit PW-51/A13 and English translation thereof is Exhibit PW-51/A14. The

accused Harveer Singh also took the Police party to Krishna Talls Agency (Shop) and identified the same

from wherein the bed sheet and spray paint were purchased. The Memo of Identification of Shop/Fard

Nishandehi in vernacular is Exhibit PW-51/A15 and English translation thereof is Exhibit PW-51/A16.

vi.

PW-51 further deposed that chargesheet was filed after investigation on 25.07.2024. The

investigation in respect of Gurpatwant Singh Pannun is still pending. Copy of chargesheet dated 25.07.2024

in vernacular is Exhibit PW-51/A17 and English translation thereof is Exhibit PW-51/A18.

The matter is further stated to be pending trial before the concerned Court at Kurukshetra and was

lastly listed on 04.12.2024.

FIR No. 81/2023, Police Station-Ismailabad, Kurukshetra

vii.

PW-51 deposed that FIR No.81 of 2023 dated 05.04.2023 under Section 153-B, 120-B IPC and

Section 13 Unlawful Activities (Prevention) Act, 1967 was registered at P.S. Ismailabad, Kurukshetra at

instance ofEASI Lakha Singh. He stated that G-20 Summit was held in the month of February in Delhi and

Gurugram, holding of which was protested on social media by Gurpatwant Singh Pannun, Chief of Sikhs for

Justice who uploaded videos and exhorted for placing of banners, flags etc. On 05.04.2023, when he reached

on his private vehicle near Gagheri Bus Stand, he saw that on the wall of flyover, NH 152-D, someone had

written in English “KHALISTAN WELCOME G-20 IN DELHI”. He took the photograph of the same and

also informed the senior officer. In respect of the same, a video is stated to have also been issued by

Gurpatwant Singh Pannun wherein he spoke about KHALISTAN WELCOME G-20 IN DELHI. FIR was

accordingly registered.

viii.

The copy of FIR annexed with affidavit in vernacular is Exhibit PW-51/A19 and English translation

thereof is Exhibit PW-51/A20. The copy of Seizure Memo dated 05.04.2023 whereby the photograph of the

spot was taken, in vernacular is Exhibit PW-51/A21 and English translation thereof is Exhibit PW-51/A22.

ix.

He further deposed that the copy of the video clipping stated to be circulated on social media is not

a part of the case diary and, as such, the same has not been filed on record with the affidavit. Further, during

course of investigation, one Malak Singh was found to be involved in writing similar type of slogans in Delhi.

An FIR No.705 of 2023 was registered at Kashmiri Gate, New Delhi, which is mentioned at Serial No.89 of

the Reference Note. The statement of the Investigating Officer in said case was recorded in the present FIR

on 27.11.2023 and also the production warrants of accused Malak Singh were obtained.

The copy of statement of PSI Sandeep Kumar, Special Cell, Delhi in vernacular is Exhibit PW-

51/A23 and English translation thereof is Exhibit PW-51/A24.

220

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[PART II—SEC. 3(ii)]

x.

PW-51 further testified that during investigation, accused Malak Singh made a disclosure statement

on 21.12.2023 whereby the accused confessed that the act had been done on instructions of Gurpatwant Singh

Pannun. Another disclosure statement was also made by the accused on 22.12.2023. The accused further

led the police party near canal bridge flowing with NH 152-D where an empty spray can was recovered at

his instance. Also, Rs.2,000/- were recovered from almirah of his house which were disclosed by him to be

part of Rs.20,000/- received by him for the task of painting the slogan.

xi.

Copy of the disclosure statement dated 21.12.2023 in vernacular is Exhibit PW-51/A25 and English

translation thereof is Exhibit PW-51/A26; copy of disclosure statement dated 22.12.2023 in vernacular is

Exhibit PW-51/A27 and English translation thereof is Exhibit PW-51/A28. The Recovery Memo of empty

can of the spray paint in vernacular is Exhibit PW-51/A29 and English translation thereof is Exhibit PW-

51/A30; recovery Memo of currency notes amounting to Rs.2,000/- in vernacular is Exhibit PW-51/A31

and English translation thereof is Exhibit PW-51/A32.

The Chargesheet/Final Report under Section 173 Cr.P.C. dated 27.02.2024 in vernacular is Exhibit

PW-51/A33 and English translation thereof is Exhibit PW-51/A34. The copy of prosecution sanction under

Section 45 of Unlawful Activities (Prevention) Act, 1967 by the Competent Authority is Exhibit PW-

51/A35.

xii.

He further stated that the case is under trial in the concerned Court at Kurukshetra. The charge was

framed against the accused on 29.11.2024 and the last date of hearing was 19.12.2024.

xiii.

He further stated on oath that SFJ has already been banned by the Central Government in 2019 but

despite the same, SFJ is actively and incessantly encouraging the secession of Punjab from the territory of

India. The above acts are against the territorial integrity of India and are aimed at inciting local Sikhs against

the legal and constitutional framework of the Government of India. If not curbed, these activities could result

in the revival of the Khalistani movement.

74.

PW-52

i.

PW-52 Anil Subramaniam, Joint Secretary, Ministry of Home Affairs, North Block, New Delhi

tendered his affidavit Exhibit PW-52/A after due authorization by the Competent Authority. He deposed

that he has been working as Joint Secretary, Ministry of Home Affairs, Internal Security Division,

Government of India since 07.12.2022 and in his official capacity as Joint Secretary, Ministry of Home

Affairs, Internal Security Division, Government of India, he was both competent and authorised to depose

on behalf of the Central Government, Ministry of Home Affairs before this Tribunal. He stated that he was

fully conversant with the facts and circumstances related to the extension of the declaration of Sikhs for

Justice (SFJ) as an unlawful association under the provisions of Unlawful Activities (Prevention) Act, 1967

as he was part of the entire decision making process, whereby, the Central Government in exercise of the

power conferred on it under the provisions of Unlawful Activities (Prevention) Act, 1967 has decided to

extend the declaration of Sikhs for Justice (SFJ) as an unlawful association under the provisions of Unlawful

Activities (Prevention) Act, 1967. The contents of the affidavit are stated to be based on official record and

materials obtained during the discharge of his duties as Joint Secretary, Ministry of Home Affairs. The

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

221

documents annexed to the affidavit were stated to be true copies of the respective originals and documents

have been marked as exhibits during the course of deposition.

ii.

He further deposed that the notification No. S.O. 2660 (E) dated 8th July 2024 was issued by the

Ministry of Home Affairs and is based on incriminatory information, material, and inputs received from

various sources. These include the inputs from the Government of Punjab, the National Investigation Agency

(NIA), and the Central Intelligence Agencies. The inputs specifically highlight the involvement of Sikhs for

Justice (SFJ) in unlawful activities. The material provided by Central and State Investigating Agencies show

that despite the ban imposed on SFJ in 2019, SFJ and its office bearers have continued the anti-national and

secessionist activities. In fact, the activities have intensified and escalated since July 2019.

iii.

The records and inputs received from these agencies were analyzed by the Ministry of Home Affairs,

and the same reflect that SFJ’s activities pose serious risks. The same further reflects that:

a.

SFJ was involved in actions that disrupted the internal security of India and public order. The

activities have the potential to disturb peace and threaten the unity, territorial integrity, and

sovereignty of India.

b.

SFJ was engaged in continuous secessionist, anti-national, and subversive acts within India

and abroad.

c.

SFJ had close ties with separatists, terrorists, and radical elements.

d.

SFJ was actively supporting extremist and militant ideologies aimed at carving out a state of

“Khalistan” from India.

e.

SFJ threatened prominent Indian officials, including the Prime Minister, Home Minister,

External Affairs Minister, and key State leaders. SFJ also targeted Indian missions and

diplomats abroad.

f.

SFJ consistently used social media to provoke Sikh soldiers in the Indian Army to mutiny,

urging them to leave the military and join SFJ.

iv.

He further deposed that considering the unabated unlawful activities of SFJ, a note was prepared for

the Cabinet Committee on Security to extend the declaration of SFJ as an unlawful association for another

five years starting 10th July 2024. He testified that he had personally signed this note on 3rd July 2024 and

verified its contents.

v.

The witness further deposed that a draft notification was also annexed to the note forwarded to the

Cabinet. The Cabinet Committee on Security reviewed the proposal in its meeting on 3rd July 2024 and

decided to extend the declaration of SFJ as an unlawful association for another five years. The decision was

formalized through notification No.S.O. 2660 (E) dated 8th July 2024, published in the Gazette of India. The

notification No.S.O. 2660 (E) dated 8th July 2024, published in the Gazette of India is Exhibit PW-52/A-1.

Further, in compliance with Section 4(1) of the Unlawful Activities (Prevention) Act, 1967, the Central

Government constituted the present Unlawful Activities (Prevention) Tribunal for adjudicating whether there

is sufficient cause to extend the declaration of SFJ as an unlawful association. On 6th August 2024, a detailed

note on SFJ was submitted to the Tribunal. The Background Note/Reference forwarded to this Tribunal in

terms of Section 4 of the Unlawful Activities (Prevention) Act, 1967 is Exhibit PW-52/A-2.

222

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[PART II—SEC. 3(ii)]

vi.

He also deposed that the Government of Punjab provided extensive information about SFJ’s unlawful

activities. They reported that Punjab Police had registered 55 cases against SFJ under various Acts including

Sections 124A, 153A, and 153B of the IPC. In addition, provisions under Unlawful Activities (Prevention)

Act, 1967 and the Information Technology Act were also invoked. These cases underscore SFJ’s unlawful

actions and the relevant details in the respective cases have already been presented before this Tribunal by

the competent officers of Punjab Police. The state of Punjab had also adduced evidence in respect of

additional FIRs in support of the extension, which were not referred by the MHA but are relevant for the

purpose of declaration by this Tribunal. Some of the said FIRs were registered after the notification dated

08th July, 2024 referred to above (i.e. Exhibit 52/A-1) was issued by the Ministry of Home Affairs. The

additional evidence buttress the decision of the Central Government to extend the ban on SFJ.

vii.

PW-52 further testified that apart from the State of Punjab, other States i.e. Haryana, Himachal

Pradesh, Uttarakhand, NCT of Delhi had also adduced evidence in respect of additional FIRs in support of

the extension, which was not referred by the MHA but is relevant for the purpose of declaration by this

Tribunal.

viii.

He deposed that Investigating Agencies from several other States, including GNCTD, State of

Uttarakhand, State of Haryana, State of Rajasthan, State of Gujarat, State of Assam, State of Jharkhand, State

of Himachal Pradesh, Union Territory of Chandigarh have registered 41 FIRs reflecting involvement of SFJ

and its members. Similarly, NIA reported 08 cases against SFJ, which was referred in the Background Note

and reveal the unlawful activities of SFJ.

ix.

He also deposed that evidence in said cases was submitted before this Tribunal by the competent and

authorised Police Officers/witnesses from the respective States/NIA.Intelligence inputs received from the

Central Intelligence Agencies further confirmed SFJ’s involvement in unlawful activities. These inputs were

submitted in a sealed cover as they were confidential. The witness submitted that the same cannot be disclosed

in public and National interest as well as security concerns. Furthermore, confidentiality in respect of the

same was claimed in terms of Section 129 of the Bharatiya Sakshya Adhiniyam, 2023 (Corresponding to

Section 123 of the Indian Evidence Act) as well as the relevant Sections under Unlawful Activities

(Prevention) Act, 1967. An application in this regard was also filed before this Tribunal and is based upon

the instructions and satisfaction accorded by the Secretary, Ministry of Home Affairs in terms of Section 129

of the Bharatiya Sakshya Adhiniyam, 2023. The official file noting recording the satisfaction of the Secretary,

Ministry of Home Affairs was tendered before this Tribunal

x.

PW-52 further deposed that although the entire details of intelligence inputs are privileged, however

to satisfy the conscience of this tribunal that the extension of ban on SFJ is not based on ipse dixit of the

Central Government the gist of the information received which could be disclosed in public domain was

detailed in the affidavit. As per the intelligence inputs SFJ has continuously engaged in anti-national

activities, including the promotion of the so-called ‘Referendum 2020’. This campaign blatantly abuses the

freedom of speech and challenges India’s sovereignty and also incites rebellion.

xi.

He further testified that SFJ held a convention in Geneva for their ‘Referendum 2020’, where they

launched a voter registration drive targeting Sikhs globally (excluding India). They also launched 25 websites

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for this purpose and attempted to recruit participants in Punjab, offering financial incentives to encourage

registration. Intelligence Agencies reported that SFJ targeted Sikh pilgrims traveling to Pakistan and recruited

underprivileged Sikh youths for pro-Khalistan propaganda and terrorist activities. These recruits were

supported by ISI handlers and SFJ’s legal advisor, Gurpatwant Singh Pannun, who is designated as a terrorist.

xii.

Moreover, SFJ’s subversive activities challenge the sovereignty of India and undermine its

democratic framework. Their tactics include organizing rallies, conducting social media campaigns, and

lobbying international bodies. Youth have been coerced into acts like planting Khalistan flags on government

and other buildings, defacing property with pro-Khalistan slogans and disrupting public infrastructure.

xiii.

He further testified that in 2023, SFJ targeted the G-20 Summit in New Delhi, issuing open letters to

foreign dignitaries advocating for secessionist agenda of SFJ.

xiv.

PW-52 deposed that social media platforms reveal SFJ’s provocative acts, including calls to boycott

Air India, issuing threats to Indian officials and colluding with gangsters abroad to further their campaign.

SFJ members defaced religious sites in Vienna, Edmonton, and California and threatened Indian diplomats

and their families.

xv.

The witness further testified that the following unlawful activities have been reported on social media

platforms, whereby, SFJ was making an effort to intensify its secessionist acts:-

• Gurpatwant Singh Pannun promoted SFJ’s call to boycott travelling via Air India from November

1 to 19, 2024.

• Gurpatwant Singh Pannun targeted Shri Sanjay Kumar Verma (former Indian High Commissioner

to Canada) alleging his involvement in the assassination of the terrorist Hardeep Singh Nijjar

(Chief, KTF) in October, 2024. Further, Gurpatwant Singh Pannun offered a reward of $5,00,000

for anyone who can track Verma’s movements in India.

• Gurpatwant Singh Pannun accused the Union Home Minister Shri Amit Shah for killing Nijjar and

announced a reward of one million dollars for giving information regarding visit of Shri Amit Shah

abroad.

• Gurpatwant Singh Pannun filed a false case against Shri Ajit Doval, NSA, Shri Samant Goel,

Former R&AW Chief in the United States of America.

• SFJ hooligans defaced the boundary wall of a Temple in Vienna, vandalized temple in Edmonton

(Alberta) and defaced the walls of temple in California.

• SFJ has repeatedly threatened India’s political leaders, government officers including police,

diplomats, judiciary and even their family members and relatives abroad.

• SFJ has been found colluding with the Punjabi/Sikh gangsters abroad, who are working as ground-

level mobilizers to propel its secessionist campaign. Ahead of the Indian Independence Day 2022,

Gurpatwant Singh Pannun (Chief Counsel, SFJ) appealed to the jailed gangsters in Punjab,

Haryana, Rajasthan and Himachal Pradesh to join ‘Khalistan Referendum’ and made a promise of

‘monetary remuneration’ for the gangsters for joining the secessionist campaign.

xvi.

He deposed that the evaluation of the material by the Intelligence Agencies and State Government

makes it evident as reflected in the Background Note that SFJ has been:-

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a. promoting anti-national and separatist sentiments prejudicial to the integrity and security of the

country;

b. escalating secessionist movement inside and outside the country;

c. with active connivance and participation of Non-State Actors and Foreign Intelligence Agencies,

mainly ISI, is trying to perpetrate insurgency in the Indian dominion with a sole purpose of violating

the integrity and sovereignty of India;

xvii.

PW-52 further testified that the evaluation by Intelligence Agencies and State Governments show

that SFJ is escalating its secessionist movement actively supported by ISI and other Non-State Actors, to

destabilize India.

xviii.

He further deposed that the irrefutable evidence on record manifests that Sikhs For Justice (SFJ) is

tacitly supporting militancy and incitement of violence in the country on the religious lines and is seeking to

revive the Sikh separatist movement i.e. Khalistan movement, in the country which advocates creation of a

separate State of Khalistan.

xix.

He stated on oath that he is of the view that the Cabinet Committee on Security (CCS), on overall

consideration of the totality of the material and inputs placed before it, had rightly accorded its satisfaction

and taken the decision, that the incriminating and inculpatory material inputs available against SFJ in

unlawful activities are sufficient and necessitates extension of declaration of SFJ as an unlawful association

in terms of provisions of Unlawful Activities (Prevention) Act, 1967 for a further period of five years.

xx.

PW-52 deposed that in the light of the material available against SFJ, he is of the view that the

decision of the Cabinet Committee on Security extending SFJ’s designation as an unlawful association is

correct and imperative for safeguarding the national security and sovereignty of India.

75.

Apart from the witnesses examined on behalf of the Union of India, neither any public witness, nor

anyone on behalf of the association (SFJ) appeared to depose before this Tribunal to oppose the ban. As

such, there is no oral evidence put forth on behalf of the association (Sikhs for Justice ‘SFJ’), nor the witnesses

examined on behalf of the Union of India have been cross-examined.

76.

The evidence on behalf of the Union of India was concluded on 13th December, 2024. The matter

was thereafter fixed for hearing of submissions on behalf of the Union of India which were heard on 16th

December, 2024, 19th December, 2024 and 23rd December, 2024.

Written submissions were also filed on record on behalf of the Union of India.

77.

Report on the Reference was reserved vide order dated 23rd December, 2024.

78.

VII.

SUBMISSIONS ON BEHALF OF UNION OF INDIA

(i)

Learned Additional Solicitor General of India (ASG) urged that over the years, SFJ has been involved

in secessionist and terrorist activities and keeping in perspective the repercussions for the security and

integrity of the country, SFJ was declared as an ‘Unlawful Association” by the Central Government under

the provisions of sub-sections (1) and (3) of Section 3 of the Unlawful Activities (Prevention) Act, 1967

initially vide notification dated 10th July, 2019 for a period of five years. The Reference therein was

[भाग II—खण् ड 3(ii)]

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225

confirmed by the Tribunal comprising of Hon’ble Mr. Justice D.N. Patel, the then Chief Justice, High Court

of Delhi, which was published vide notification number S.O.112(E) dated 08th January, 2020. He submits

that since the secessionist activities of Gurpatwant Singh Pannun and SFJ have continued thereafter, vide

notification dated 08th July, 2024 in exercise of powers conferred under sub-sections (1) and (3) of Section 3

of UA(P)A, the Central Government has extended the declaration of Sikhs for Justice (SFJ) as an ‘unlawful

association’ for a further period of five years from 10th day of July, 2024, subject to orders which may be

made under Section 4 of the Act.

(ii)

He further pointed out that indulgence of SFJ in activities prejudicial to internal security of India and

public order have the potential of disrupting peace, unity, territorial integrity and sovereignty of India. The

activities of SFJ have been found to be in close association with other separatists, terrorists and radical

elements within the country and SFJ continues to support the ideology of secession, violent forms of

extremism and militancy in Punjab to carve out a so-called State of “Khalistan” out of the territory of Union

of India. In the aforesaid pursuit, SFJ has been extending threats even to constitutional functionaries like

Hon’ble Prime Minister of India, Hon’ble Home Minister, Hon’ble External Affairs Minister, Chief Ministers

of States, National Security Advisor, R&AW Chief etc. Also, Pannun targeted Indian Missions and diplomats

abroad and has been trying to provoke the Sikh Soldiers of Indian Army for Mutiny through social media.

He submitted that during pendency of proceedings before this Tribunal, vide letter dated 14th October,

2024, issued in the name of SFJ, Shri Sanjay Kumar Verma (former Indian High Commissioner to Canada)

was targeted, alleging his involvement in the assassination of the terrorist Hardeep Singh Nijjar (Chief, KTF).

Further, a reward/bounty of $5,00,000 was offered to anyone who can track Verma’s movements in India,

which reflects that SFJ and its protagonist Gurpatwant Singh Pannun have scant regard for the Constitution

of India and has affronted the sovereign authority of the Country.

(iii)

Learned ASG referred to 104 FIRs registered in between 2019-2024 showing involvement of SFJ

and Gurpatwant Singh Pannun and also relied upon 18 other FIRs adduced as additional evidence before this

Tribunal as detailed in preceding paragraphs. He points out that during the period 2019 to 2024, Gurpatwant

Singh Pannun released several videos on social media categorically taking the responsibility of unlawful

activities committed by the members of Sikhs for Justice (SFJ) in India.

(iv)

He emphasizes that due to active role played by Gurpatwant Singh Pannun in promoting separatist

and anti-India activities, particularly advocating creation of an independent State of Khalistan, Pannun has

been declared as ‘terrorist’ by the Union of India under the Unlawful Activities (Prevention) Act, 1967

vide notification No. S.O.2170(E) dated 01st July, 2020. The same is reproduced for reference:-

“NOTIFICATION

New Delhi, the 1st July, 2020

S.O.2170 (E).-Whereas, the Unlawful Activities (Prevention) Act, 1967(37 of

1967)(hereinafter referred to as the said Act) has been enacted to provide for more

effective prevention of certain unlawful activities of individuals and associations and

for dealing with terrorist activities and for matters connected therewith;

And whereas, clause (a) of sub-section (I)of section 35 of the said Act empowers

the Union of India to notify the name of an individual in the Fourth Schedule to the said

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[PART II—SEC. 3(ii)]

Act, if it believes that he is involved in terrorism;

And whereas, Gurpatwant Singh Pannun, S/o Late Mohinder Singh Pannun,

originally r/o Khankot, PS Rambagh, Amritsar City, formed "SlKHS FOR

JUSTICE" and is Attorney, Law and Legal Advisor of this Organization."SlKHS

FOR JUSTICE' has been declared as Unlawful Association by the Government of

India, under the said Act:

And whereas, Gurpatwant Singh Pannun is spread heading a campaign

"Referendum 2020”. He has been found actively in touch with United Kingdom based

Paramjit Singh @ Pamma, a BABBAR KHALSA INTERNATIONAL terrorist, Canada

based Hardeep Singh @ Nijjar (KHALISTAN TIGER FORCE) and Malki Singh Fauji

(INTERNATIONAL SIKH YOUTH FEDERATION/BABBAR KHALSA INTERNATIONAL)

and several overseas Punjab based Hardliners;

And whereas. Gurpatwant Singh Pannun has been issuing appeals and propagating

through social media regularly to Punjab based gangsters and youth to fight for the cause

of independent state of Khalistan, challenging the sovereignty, integrity and security of the

country. He has demanded and advocating a separate State of Khalistan;

And whereas, Gurpatwant Singh Pannun, presently residing in United States of

America. is instigating and abetting youths to join them in Khalistan Referendum 2020 and

providing financial help to youths in region for creating violence or fear to disturb peace

in the region ;

And whereas, Gurpatwant Singh Pannun is accused in various cases registered and

being investigated by the Punjab Police related to Referendum 2020 and a case registered by

National Investigation Agency:

And whereas, the Union of India believes that Gurpatwant Singh Pannun is involved in

terrorism and Gurpatwant Singh Pannun is to be notified as a terrorist under the said Act;

Now. therefore, in exercise of the powers conferred by clause(u) of sub-section (1)of

section 35 of the Unlawful Activities (Prevention) Act, 1967, the Union of India hereby makes

the following amendment in the Fourth Schedule to the said Act, namely:-

"In the Fourth Schedule to the said Act, after serial number 10 and entries relating

thereto, the following serial numbers and entries shall be inserted, namely:-

"11.

Gurpatwant Singh Pannun”

[F.No.17011/16/2020-CT-1]

ASHUTOSH AGNIHOTRI, Jt. Secy.”

(v)

Learned ASG further submits that FIRs supported by evidence on record reflect that Gurpatwant

Singh Pannun issued provocative public statements and threats, including calls for vandalism of Indian

national flag and advocated participation in “Referendum 2020” campaigns. Intelligence reports also

establish connections of Gurpatwant Singh Pannun with Pakistan backed militant groups such as ‘Babbar

Khalsa International’ operating through Paramjit Singh @ Pamma, a fugitive terrorist operating from

United Kingdom; ‘Khalistan Tiger Force’ operating through fugitive terrorist Hardeep Singh @ Nijjar

(since deceased) based in Canada; ‘International Sikh Youth Federation/Babbar Khalsa International’

operating through fugitive terrorist Malki Singh Fauji along with other persons. Pannun has also been

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

227

found to be funding terrorist operations and coordinating with Inter-Services Intelligence (ISI) operated

by Pakistan to destabilize Indian sovereignty and wage a proxy war.

(vi)

Learned ASG also urged that non-participation of SFJ in the present proceedings is by design, since

the Notice of the proceedings was duly served on SFJ.

(vii)

He points out that India is facing proxy war from Pakistan/neighbouring nations having inimical

intention towards India. Further, evidence of Pakistan’s ISI perpetrating terrorism in Jammu and Kashmir

region has come on record during the adjudication of proceedings in respect of other associations under

UA(P)A for declaring them as unlawful associations i.e. (i) Jammu and Kashmir Democratic Freedom Party

(JKDFP), (ii) Muslim League Jammu Kashmir (Masrat Alam faction)/SFJ-MA (ili) Tehreek-e-Hurriyat,

Jammu and Kashmir (TeH) (iv) Jamaat-e-Islami Jammu Kashmir (Jel, J&K) (v) Muslim Conference Jammu

& Kashmir (Bhat faction) (vi) Muslim Conference Jammu & Kashmir (Sumji faction) (vii) Jammu Kashmir

National Front (JKNF) (VII) Jammu and Kashmir Peoples Freedom League (ix) Four factions of Jammu and

Kashmir Peoples Freedom League (x) Yasin Malik's Jammu Kashmir Liberation Front (JKLF-Y). In this

regard, the decision of the proceedings held by the respective Tribunals constituted under UA(P)A is relied

upon, as notified by way of gazette notifications.

79.

Learned ASG further contends that the evidence of witnesses led on record on behalf of Union of

India, in respect of FIRs registered across the country prove the secessionist activities by Sikhs for Justice

(SFJ) through its protagonist Gurpatwant Singh Pannun and other associations as under:-

i.

PW 20 proved the documents of RC-22/2022/NIA/DLI dated 18.05.2022 reflecting SFJ’s

involvement in smuggling of improvised explosive device from across the border to Burail

Jail, Chandigarh.

ii.

PW 20 further proved the documents of RC-35/2021/NIA/DLI dated 31.12.2021 and PW 18

proved the documents of RC-19/2020/NIA dated 05.04.2020 reflecting SFJ’s involvement

in recruiting and radicalizing youth in Punjab through social media and encrypted messaging

platforms - raising funds and using smuggling networks to procure arms, ammunition, and

explosives to carry out terror activities and revive terrorism in Punjab in the name of

“Khalistan Referendum”.

iii.

PW 3 proved the documents of RC-12/2021/NIA/DLI dated 18.06.2021 and PW 17 proved

the documents of RC-02/2019/NIA/DLI dated 15.01.2019 reflecting the calls made by

Gurpatwant Singh Pannun on social media to incite mutiny in Indian Army and engineer

balkanization of India.

iv.

PW 15 proved the documents of RC-30/2023/NIA/DLI dated 20.11.2023 which reflects

intimidating threats issued by Gurpatwant Singh Pannun in respect of disruption of essential

services, including power generation and global occlusion of Air India flights.

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v.

PW 16 proved the documents of RC-40/2020/NIA/DLI dated 15.12.2020 which reflects that

SFJ and/or Gurpatwant Singh Pannun are spearheading a conspiracy in league with

Khalistani separatists, foreign nations, and non-state actor’s hostile to India by infusing funds

to galvanize the Khalistani movement.

vi.

PW 20 further proved the documents of RC-30/2020/NIA/DLI dated 14.08.2020 which

reflects terror financing. Further, Khalistani flags were hoisted by accused recruited by

Gurpatwant Singh Pannun through cyberspace and social media and who were paid and

instructed by Gurpatwant Singh Pannun to execute the offence. The responsibility for

commission of crime was thereafter taken by Gurpatwant Singh Pannun by circulating a

video on social media.

vii.

PW 11 proved the documents of FIR No. 317/2023 relating to death threat/appeal to

assassinate Hon'ble the Prime Minister of India by Gurpatwant Singh Pannun.

viii.

PW 6 proved the documents of FIR No.01 dated 03.01.2023 relating to death threat/appeal

to assassinate Shri Rahul Gandhi, Member of Parliament from Congress Party by

Gurpatwant Singh Pannun.

ix.

PW 19 proved the documents of FIR No.34/2021 relating to death threat/appeal to

assassinate Shri Captain Amarinder Singh, the then Chief Minister of Punjab by Gurpatwant

Singh Pannun.

x.

PW 19 proved the documents of FIR No. 24/2022 seeking independence of Punjab by

Gurpatwant Singh Pannun.

xi.

PW 19 proved the documents of FIR No.27/2022 relating to call issued by Gurpatwant Singh

Pannun to Sikh soldiers of Indian Army to use their weapons for not defending borders of

India but to liberate from control of India.

xii.

PW 10 w.r.t. FIR No.168/2020; PW 43 w.r.t. FIR No.43/2022 and PW 21 w.r.t. FIR 65/2022

proved the documents relating to cases in which call was made by Gurpatwant Singh Pannun

to burn the Indian flag and Indian Constitution.

xiii.

PW 10 proved the documents of FIR No. 4/2024 relating to threat issued by Gurpatwant

Singh Pannun to destroy a Hindu temple to incite religious feelings for promoting Khalistan

Referendum.

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229

xiv.

PW 50 proved the documents w.r.t.FIR No. 116/2022; PW 29 w.r.t. FIR No.63/2023 and

PW 50 w.r.t. FIR No.116/2020, reflecting the cases where Khalistani graffiti was painted,

Khalistani flags are hoisted or slogans were written near temple premises at behest of

Gurpatwant Singh Pannun of which he admitted the responsibility by circulating videos on

social media.

xv.

PW 46 proved the documents of FIR No.77/2022 relating to hoisting of Khalistani banners

on public premises on instructions of Gurpatwant Singh Pannun, of which he admitted

responsibility by circulating video on social media.

xvi.

PW 1 w.r.t. FIR No. 18/2023; PW 38 w.r.t. FIR No.76/2022, FIR No. 66/2022 and FIR

102/2022; PW 45 w.r.t. FIR No. 207/2023; PW 14 w.r.t. FIR No. 52/2022; PW 7 w.r.t. FIR

No.130/2022; PW 50 w.r.t. FIR No.118/2022; PW 32 w.r.t. FIR No. 89/2022; PW 32 w.r.t.

FIR No. 91/2022 and PW 35 w.r.t. FIR No. 13/2023 proved the cases where Khalistani flags

were hoisted by accused. Furhter, Gurpatwant Singh Pannun through cyberspace and social

media took responsibility for the commission of crime by circulating videos on social media.

xvii.

PW 1 proved the documents of FIR No.28/2021 relating to terror financing case where

money was offered for raising the Khalistani flag at India Gate on Republic Day.

xviii.

PW 51 proved the documents with reference to FIR No. 81/2023; PW 10 with reference to

FIR No.23/2023 and PW 43 with reference to FIR No.48/2023, which reflect that G-20

summit was attempted to be obstructed by Gurpatwant Singh Pannun in the name of the

Khalistan movement.

xix.

PW 37 proved the documents of FIR No.398/2022 relating to cases of hoisting of Khalistani

banners.

xx.

PW 13 proved the documents with reference to FIR No.107/2022; PW 21 with reference to

FIR No.62/2023; PW 9 with reference to FIR No.233/2023; PW 51 with reference to FIR

No.229/2022 and PW 47 with reference to FIR No.221/2022 reflecting the cases where

Khalistani flags or banners were hoisted.

xxi.

PW 40 proved the documents with reference to FIR No.03/2019 and PW 36 with reference

to FIR No.148/2022 reflecting the offences committed under the Arms Act for furthering the

cause of SFJ.

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[PART II—SEC. 3(ii)]

xxii.

PW 2 w.r.t. FIR No.314/2024 and FIR No. 315/2024; PW 26 w.r.t. FIR No.137/2020; PW

51 w.r.t. FIR No.597/2020; PW 26 w.r.t. FIR No.52/2021; PW 24 w.r.t. FIR No.31/2022;

PW 42 w.r.t. FIR No.11191067230030/2023 and FIR No. 11191067230127/2023; PW 40

w.r.t. FIR No.6/2020; PW 49 w.r.t. FIR No. 43/2020; PW 19 w.r.t. FIR No.12/2020; PW 44

w.r.t. FIR No.299/2018; PW 30 w.r.t. FIR No.04/2021; PW 31 w.r.t. FIR No.02/2023 and

FIR No.03/2023; PW 1 w.r.t. FIR No.06/2022; PW 48 w.r.t. FIR No.69/2024; PW 44 w.r.t.

FIR No.134/2023 and PW 26 w.r.t. FIR No.45/2021, proved the cases which reflect that

Gurpatwant Singh Pannun used various platoforms to radicalize gullible youth and spread

threats by sending pre-recorded audio messages.

xxiii.

PW 2 proved the documents with reference to FIR No.697/2023 and PW 41 with reference

to FIR No.56/2023, relating to cases of pro-Khalistani graffiti painted on multiple public

premises on the instructions of Gurpatwant Singh Pannun.

xxiv.

PW 8 proved the document of FIR No.93/2016; PW 33 proved the documents of FIR

No.46/2018 and PW 27 proved the documents of FIR No.972/2020, reflecting the cases of

weapons recovered to re-activate terrorism in Punjab on the instructions of the Khalistan

Liberation Force.

xxv.

PW 37 proved the documents of FIR No.71/2023 reflecting the cases where Khalistani flags

were hoisted and graffiti painted on public premises in the name of SFJ.

xxvi.

PW 2 w.r.t. FIR No.705/2023, FIR No.28/2023, FIR No.75/2024 and FIR No.469/2023; PW

1 w.r.t. FIR No.47/2024; PW 49 w.r.t. FIR No.149/2017; PW 12 w.r.t. FIR No.154/2021;

PW 36 w.r.t. FIR No.144/2021; PW 33 w.r.t. FIR No.77/2022; PW 35 w.r.t. FIR

No.124/2023; PW 21 w.r.t. FIR No.119/2022; PW 27 w.r.t. FIR No. 414/2022; PW 25 w.r.t.

FIR No.627/2022; PW 23 w.r.t. FIR No.07.04.2023; PW 25 w.r.t. FIR No. 473/2023; PW 1

w.r.t. FIR No.106/2024; PW 22 w.r.t. FIR No.51/2023; PW 39 w.r.t. FIR No.91/2020 and

PW 46 w.r.t. FIR No.230/2023 proved the documents in respective FIRs relating to cases

where graffiti was painted.

xxvii.

PW 1 proved the documents of FIR No.179/2020 relating to case of automated calls made

by SFJ with recorded voice of Gurpatwant Singh Pannun, propagating the hoisting of

Khalistani flag on Red Fort, bringing down the national tricolor and instigating communal

disturbance by promoting the pro-Khalistan Referendum-2020 agenda on social media.

xxviii.

PW 1 further proved the documents of FIR No.211/2021 relating to the case where

Gurpatwant Singh Pannun offered $1 million to uniformed police personnel for preventing

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

231

Hon’ble Prime Minister of India Shri Narendra Modi from hoisting the national flag at Red

Fort.

xxix.

PW 40 proved the documents of FIR No.07/2020 relating to cases of pasting of “Punjab

Referendum 2020” Posters.

xxx.

PW 10 proved the documents of FIR No.69/2022 relating to the case of promotion of

“KHALISTAN REFERENDUM” through circulation of videos on social media.

xxxi.

PW 40 w.r.t. FIR No. 02/2024; PW 33 w.r.t. FIR No.10/2024; PW 46 w.r.t. FIR

No.230/2023; PW 5 w.r.t. FIR No.119/2022; PW21 w.r.t. FIR No.73/2023 and PW 34 w.r.t.

FIR No.201/2022 proved the documents in respective FIRs relating to promotion of

Khalistan.

xxxii.

PW 4 proved the documents of FIR No.42/2022 relating to the case where posters were

pasted stating that revenge would be taken by Sikh community and hailing Bhindranwala.

xxxiii.

PW 36 w.r.t. FIR No.179/2018 and FIR No.132/2018 stated that though there was no direct

connection of the offence with the SFJ or Gurpatwant Singh Pannun but the cases pertain to

furthering the Khalistani cause.

80.

Learned ASG further submitted that the Union of India has also placed reliance on FIRs wherein

‘Untrace Reports’ have been filed by the Investigating Agencies as they manifest that the recruits of SFJ,

clandestinely and behind the veil of anonymity, are perpetrating SFJ’s secessionist agenda. He emphasized

that the act of instigating recruits to paint graffities and host Khalistani flags & banners, secretly, in the

darkness of night, clearly are measures of psychological warfare employed by SFJ to surreptitiously infuse,

espouse and incite the feeling of dis-affection in the hearts of Sikh community towards Indian Dominion.

Further, the same is an attempt of sowing seeds of rebellion and radicalisation in the gullible youth in the

name of religion for the purpose of achieving cession of territory of Punjab from India which is required to

be neutralised with iron hands. He emphasized that the aforesaid FIRs are relevant and constitute sufficient

cause for declaring SFJ as an Unlawful Association under the provisions of UA(P)A

The details of said FIRs wherein ‘Untrace Reports’ have been filed is tabulated as under:-

Sr no

Sr No in the Reference

Note

Description Of The FIR Along With The Number Of Witness Who

Has Deposed About It

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[PART II—SEC. 3(ii)]

1.

29.

FIR No. 42 dated 02.06.2022 u/s 153B IPC at PS Kalanaur, district

Gurdaspur –PW-4

2.

40.

FIR No. 148 dated 15.07.2022 u/s 153A IPC and section 3 Punjab

Prevention of Defacement Property Act at PS Kotwali, District Patiala

PW-23

3.

43.

FIR No. 01 dated 03.01.2023 u/s 153-A, 153-B, 124-A IPC at PS Sadar,

District Muktsar -PW 6

4.

50.

FIR No. 119 dated 29.11.2023 u/s 153B IPC at PS GRP, Amritsar -

PW-5

5.

56.

FIR No. 137 dated 02.07.2020 u/s 124A, 153A IPC 10A, 13 UA(P)A at

PS Bhondsi, district Gurgaon- PW 26

6.

57.

FIR No. 597 dated 12.07.2020 u/s 124A, 153A IPC, 10A, 13 UA(P)A at

PS Thanesar City, Kurukshetra- PW 51

7.

59.

FIR No. 52 dated 29.08.2021 u/s 124A, 153A, 506 IPC & 10-A/13

UA(P)A at PS Cyber Crime, Gurgaon -PW-26

8.

62.

FIR No. 31 dated 16.07.2022 u/s 120B, 124A, 336, 379 IPC, 03 PDPP

Act 1984, 66F IT Act 2000, 10/13 UA(P)A 1967 and No. 37 Amendment

2012 and 150 Railway Act No. 24 of 1989 at PS Cyber Crime, District

Hisar -PW24

9.

63.

FIR No. 627 dated 07.12.2022 u/s 120B, 124A IPC and 13 UA(P)A 1967

at PS City Mandi Dabwali, district Sirsa- PW27

10.

64.

FIR No. 71 dated 04.03.2023 u/s 153A IPC at PS Sadar, Ambala City,

district Ambala- PW37

11.

67.

FIR No. 473 dated 31.07.2023 u/s 120-B, 124-A IPC & 13 UA(P)A,

1967 at PS City Mandi Dabwali, district Sirsa -PW-25

12.

72.

FIR No. 04 dated 31.07.2021 registered at PS Cyber Crime, Shimla u/s

124, 153A, 120B, 506 IPC, Sec 3 UA(P)A and 66C IT Act 2008 -PW 30

13.

95.

FIR No. 51 dated 26.01.2023 u/s 3 of Delhi Prevention of Defacement of

Property Act at PS Sector-36, Chandigarh -PW 22

81.

Learned ASG further contended that intelligence reports manifest that SFJ and Gurpatwant Singh

Pannun are also involved in agenda against the Union of India through an online campaign, the so-called

‘Referendum 2020’, in pursuance of its objective to carve out an independent political entity “Khalistan”.

Further, Intelligence Agencies reported that online campaign was initiated by SFJ under the garb and cloak

of freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India but behind

the cloak there is a sinister agenda of the SFJ to attack the integrity and sovereignty of India by advocating

armed rebellion and aggression against the lawfully constituted Government of the State.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

233

The intelligence reports also revealed that SFJ organized a Convention at Geneva for its Referendum

2020 wherein it announced the starting of voter registration for Sikh People of all the countries except India

with the launch of a web portal. Around 25 websites were launched for registration of voters from Punjab

and SFJ announced to carry out door to door voter registration in Punjab and to pay a monthly stipend of

Rs.7500/- for execution of this registration. Appeals were issued to SGPC members, Panchayat members and

Sarpanches to support the voter registration process and they were threatened not to leak out any information

to the police.

The Intelligence Agencies further reported that SFJ had made attempts to incite the Indian Sikh Jathas

travelling to Pakistan for pilgrimage, to access its websites. SFJ was also undertaking recruitment of

underprivileged Sikh youths for carrying out pro-Khalistan propaganda and conducting terrorist acts or other

subversive activities in lieu of money. Such elements were found to be receiving instructions and other

support from Pak ISI handlers.

82.

Learned ASG also pointed out that evidence on record reveals that SFJ was directly involved in

activities targeting the G-20 Summit 2023 which was held in New Delhi as an open letter was issued to

Foreign Ministers of participating countries, seeking their support to ‘Khalistan Referendum’. Further,

Gurpatwant Singh Pannun released an audio message wherein he provoked Kashmiri Muslims to leave the

Kashmir Valley and to come to Delhi and block Delhi during the G-20 Summit.

83.

Apart from above, learned ASG further pointed out to following subversive activities of SFJ:-

(a) Gurpatwant Singh Pannun promoted SFJ’s call to boycott travelling via Air India from 1 to

19 November, 2024.

(b) Pannun allegedly accused the Hon’ble Union Home Minister Shri Amit Shah for killing

Nijjar and announced a reward of one million dollars for giving information about Shri Amit

Shah’s visit abroad.

(c) Pannun filed a case against Shri Ajit Doval, NSA, Shri Samant Goel, Former R&AW Chief

in the US.

(d) SFJ hooligans defaced the boundary wall of a Temple in Vienna, vandalized temple in

Edmonton (Alberta), defaced the walls of temple in California.

(e) SFJ repeatedly threatened India’s political leaders, government officers including police,

diplomats, judiciary and even their family members and relatives abroad.

(f) SFJ has been found colluding with the Punjabi/Sikh gangsters abroad, who are working as

ground-level mobilizers to propel its secessionist campaign. Ahead of the Indian

Independence Day 2022, Gurpatwant Singh Pannun (Chief Counsel, SFJ) appealed to the

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[PART II—SEC. 3(ii)]

jailed gangsters in Punjab, Haryana, Rajasthan and Himachal Pradesh to join ‘Khalistan

Referendum’ and made an open promise of ‘monetary remuneration’ for the gangsters for

joining the secessionist campaign.

84.

Learned ASG concluded by submitting that nature of activities of SFJ manifest that the association

functions as an agent of inimical forces from across the border, who are desirous of fomenting trouble in the

country and perpetrate a proxy war. This is stated to be evident from the nature of propaganda/slogans

propagated by Gurpatwant Singh Pannun, which seek to glorify anything which is against the interest of the

country as well as the vitriolic vilification campaign against the members of security forces and other senior

officials/bureaucrats/ambassadors. He submits that inciting mutiny in the army and appeal made to the cadre

to assassinate Constitutional functionaries prove malefic intentions of Gurpatwant Singh Pannun and SFJ.

85.

Reliance was further placed upon the reports submitted by various Tribunals whereby organizations

such as “Student Islamic Movement of India (SIMI)”; “Islamic Research Foundation (IRF)”; “Popular Front

of India (PFI) and its Associates”; “Muslim League Jammu Kashmir (Masarat Alam Faction) (MLJK-MA)”;

“Tehreek-e-Hurriyat, Jammu and Kashmir (TeH)”; “Jamaat-e-Islami Jammu and Kashmir (JeL)”; “Jammu

and Kashmir Liberation Front (Mohd. Yasin Malik Faction) (JKLF-Y); “Four Factions of Jammu and

Kashmir Peoples League (JKPL)”; “Jammu and Kashmir Democratic Freedom Party (JKDFP)”; “Jammu

Kashmir National Front (JKNF)”; “Jammu and Kashmir Peoples Freedom League (JKPFL)”; “Muslim

Conference Jammu and Kashmir (Bhat Faction) (MCJK-B); “Muslim Conference Jammu and Kashmir

(Sumji Faction) (MCJK-S)”; “Sikhs for Justice (SFJ)” were declared as unlawful association under the

provisions of Unlawful Activities (Prevention) Act, 1967 and the Reference was answered in affirmative by

the respective Tribunals.

86.

In support of the submissions, learned ASG further placed reliance upon judgments passed in

Jamaat-E-Islami Hind v. Union of India, (1995) 1 SCC 428; Iqbal Singh Marwah v. Meenakshi Marwah,

(2005) 4 SCC 370; Union of India v. Madras Bar Association, (2010) 11 SCC 1; Union of India v. T.R.

Sharma, AIR 1957 SC 882; Tata Consultancy Services Limited v. Cyrus Investments private Limited,

(2021) 9 SCC 449; Kishan Singh v. Gurupal Singh, (2010) 8 SCC 775; Raj Kumar Singh v. State of Bihar,

(1986) 4 SCC 407; Ex-Armymen’s Protection Services Private Ltd. v. UOI, (2014) 5 SCC 409; UOI v.

Satnam Singh, AIR 2018 Del 72 and Arup Bhuyan v. State of Assam, (2023) 8 SCC 745.

VIII.

STATUTORY PROVISIONS AND NATURE & SCOPE OF PROCEEDINGS

BEFORE THE TRIBUNAL

Objectives of UA(P)A, 1967

87.

The main objective of UA(P)A is to make powers available for dealing with activities directed against

the integrity and sovereignty of India. In the aforesaid context, the Introduction and the Statement of Objects

and Reasons of UA(P)A, 1967 may be noticed as under:-

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

235

“Introduction:

The National Integration Council appointed a Committee on National Integration and

Regionalisation to look into, inter alia, the aspect of putting reasonable restrictions in the interests

of the sovereignty and integrity of India. Pursuant to the acceptance of recommendations of the

Committee the Constitution (Sixteenth Amendment) Act, 1963 was enacted to impose, by law,

reasonable restrictions in the interests of the sovereignty and integrity of India. In order to implement

the provisions of 1963 Act the Unlawful Activities (Prevention) Bill was introduced in the Parliament.

Statement of Objects and Reasons.—Pursuant to the acceptance by Government of a unanimous

recommendation of the Committee on National Integration and Regionalism appointed by the

National Integration Council, the Constitution (Sixth Amendment) Act, 1963, was enacted

empowering Parliament to impose, by law, reasonable restrictions in the interests of the sovereignty

and integrity of India, on the—

(i) freedom of speech and expression;

(ii) right to assemble peaceably and without arms; and

(iii) right to form associations or unions.

2. The object of this Bill is to make powers available for dealing with activities directed against the

integrity and sovereignty of India.”

88.

The sovereignty, unity and “territorial integrity of India” is a judicially recognized inviolable and

basic feature of Indian Constitution as noticed by the Hon’ble Supreme Court of India in the in the celebrated

judgment of Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225. The relevant extract in para 582

is apt to be noticed:-

“582. The basic structure of the Constitution is not a vague concept and the apprehensions expressed

on behalf of the respondents that neither the citizen nor the Parliament would be able to understand

it are unfounded. If the historical background, the preamble, the entire scheme of the Constitution,

relevant provisions thereof including Article 368 are kept in mind there can be no difficulty in

discerning that the following can be regarded as the basic elements of the constitutional structure.

(These cannot be catalogued but can only be illustrated):

(1) The supremacy of the Constitution.

(2) Republican and Democratic form of government and sovereignty of the country.

(3) Secular and federal character of the Constitution.

(4) Demarcation of power between the Legislature, the executive and the judiciary.

(5) The dignity of the individual secured by the various freedoms and basic rights in Part III

and the mandate to build a welfare State contained in Part IV.

(6) The unity and the integrity of the Nation.”

89.

In Union of India v. Satnam Singh, AIR 2018 Del 72, it was observed that the Constitution

(Sixteenth Amendment) Act was brought in order to combat secessionist agitations by organizations,

including the Plebiscite Front in Kashmir, with the purpose to guard against the freedom of speech and

expression being used to assail the territorial integrity and sovereignty of the Union. It was held in para 14

and 15 as under:-

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[PART II—SEC. 3(ii)]

“14. It thus becomes crucial to determine the meaning of the phrase ‘prejudicial to the sovereignty

and integrity of India’ used in the Act. Apart from the Act, the phrase finds mention in clauses (2),

(3), and (4) of Article 19 of the Constitution of India, where it was added as a ground for restriction

on the freedom of expression. This was inserted by the Constitution (Sixteenth Amendment) Act, 1963,

in order to combat secessionist agitation and conduct from organizations such as DMK in the South

and Plebiscite Front in Kashmir, and activities in pursuance thereof which might not possibly be

brought within the purview of the expression ‘security of the State’. It was made to guard the freedom

of speech and expression being used to assail the territorial integrity and sovereignty of the Union.

15.

It was pointed out that any legislation that is undertaken in this behalf, ought to be

comprehensive and effective enough to check indirect devices to carry on such movements, such as

the burning of the Constitution of India or the refusal to take the oath of allegiance, or the raising of

flags in any way simulating the flag of a foreign State with a view to encouraging feelings of

allegiance to such State and gathering people having such allegiance. [Vide Question in Parliament

re. hoisting of the Plebiscite Front Flag in Kashmir (Statements, 11.12.64)]. It is to curb the same

menace that the Unlawful Activities (Prevention) Act, 1967 was subsequently enacted

……………………….”

90.

Apart from above, as pointed out by learned ASG, in Arup Bhuyan v. State of Assam, (2023) 8 SCC

745, the Hon'ble Supreme Court of India has again taken note of the fact that the UA(P)A was enacted

pursuant to the amendment brought about in Articles 19(2), (3) and (4) vide the Constitution (Sixteenth

Amendment) Act, 1963. It has been observed therein that the main objective of UA(P)A is to make powers

available for dealing with activities directed against the integrity and sovereignty of India. The observations

in para 80 to 85 are apt to be quoted:-

“80. Thus, the rights guaranteed under Article 19(1)(a) (right to freedom of speech and expression)

and under Article 19(1)(c) (Right to form association or unions) are not absolute rights, but are

subject to reasonable restrictions as per Articles 19(2) and 19(4) of the Constitution of India. Articles

19(2), (3) and (4) have been amended vide the Constitution (Sixteenth Amendment) Act, 1963 and

the words “sovereignty and integrity of India” have been inserted.

81. Therefore, as per Articles 19(2), (3) and (4) nothing in sub-clauses (a), (b) and (c) of clause (1)

of Article 19 shall affect the operation of any existing law or prevent the State from making any law

insofar as such law imposes reasonable restrictions on the exercises of the right conferred by the

said sub-clauses in the interests of sovereignty and integrity of India, the security of State … . As per

Article 19(4) nothing in sub-clause (c) (Right to form Associations or Unions) shall affect the

operation of any existing law insofar as it imposes, or prevents the State from making any law

imposing, in the interests of sovereignty and integrity of India or public order or morality, reasonable

restrictions on the exercise of the right conferred by the said sub-clause.

82. At this stage the Statement of Objects and Reasons for amending Articles 19(2), (3) and (4) are

required to be referred to and considered.

83. The Statements of Objects and Reasons appended to the Constitution (Sixteenth Amendment) Bill,

1963 which was enacted as the Constitution (Sixteenth Amendment) Act, 1963 reads as under:

“Statement of Objects and Reasons

The Committee on National Integration and Regionalism appointed by the National Integration

Council recommended that Article 19 of the Constitution be so amended that adequate powers

become available for the preservation and maintenance of the integrity, and sovereignty of the Union.

The Committee were further of the view that every candidate for the membership of a State

Legislature or Parliament, and every aspirant to, and incumbent of, public office should pledge

himself to uphold the Constitution and to preserve the integrity and sovereignty of the Union and

that forms of oath in the Third Schedule to the Constitution should be suitably amended for the

purpose. It is proposed to give effect to these recommendations by amending clauses (2), (3) and (4)

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

237

of Article 19 for enabling the State to make any law imposing reasonable restrictions on the exercise

of the rights conferred by sub-clauses (a), (b) and (c) of clause (1) of that article in the interests of

the sovereignty and integrity of India.”

84. The UAPA, 1967 has been enacted in exercise of powers conferred under Articles 19(2) and (4)

of the Constitution of India. At this stage, it is required to be noted that exceptions to the freedom to

form associations under Article 19(1) was inserted in the form of sovereignty and integrity of India

under Article 19(4), after the National Integration Council (“NIC”) appointed a Committee on

National Integration and Regionalisation. The said Committee was to look into the aspect of putting

reasonable restrictions in the interests of the sovereignty and integrity of India. Pursuant to the

acceptance of the recommendations of the said Committee, the Constitution (Sixteenth Amendment)

Act, 1963 came to be enacted to impose by law, reasonable restrictions in the interests of sovereignty

and integrity of India. In order to implement the provisions of the 1963 Act, the Unlawful Activities

(Prevention) Bill was introduced in Parliament.

85. The main objective of the UAPA is to make powers available for dealing with activities directed

against the integrity and sovereignty of India. It is also required to be noted that pursuant to the

recommendation of the Committee on National Integration and Regionalisation appointed by the

National Integration Council Act on whose recommendation the Constitution (Sixteenth

Amendment) Act, 1963 was enacted, UAPA has been enacted. It appears that the National

Integration Council appointed a Committee on National Integration and Regionalisation to look

into, inter alia, the aspect of putting reasonable restrictions in the interests of sovereignty and

integrity of India and thereafter the UAPA has been enacted. Therefore, the UAPA has been

enacted to make powers available for dealing with the activities directed against integrity and

sovereignty of India.”

Relevant Provisions under UA(P)A, 1967

91.

As per Section 2(p) of the Unlawful Activities (Prevention) Act, 1967, “Unlawful Association”

means:

“2(p) “unlawful association” means any association-

(i) which has for its object any unlawful activity, or which encourages or aids persons to

undertake any unlawful activity, or of which the members undertake such activity; or

(ii) which has for its object any activity which is punishable under Section 153A or Section

153B of the Indian Penal Code (45 of 1860), or which encourages or aids persons to undertake

any such activity, or of which the members undertake any such activity:

Provided that nothing contained in sub-clause (ii), shall apply to the State of Jammu and

Kashmir”.

Further, Section 2(o) of the UA(P)A defines “Unlawful Activity” as under:

“2(o) “unlawful activity”, in relation to an individual or association, means any action taken by

such individual or association (whether by committing an act or by words, either spoken or written,

or by signs or by visible representation or otherwise),-

(i) Which is intended, or supports any claim, to bring about, on any ground whatsoever, the

cession of a part of the territory of India or, the secession of a part of the territory of India

from the Union, or which incites any individual or group of individuals to bring about such

cession or secession; or

(ii) Which disclaims, questions, disrupts, or is intended to disrupt

the sovereignty and territorial integrity of India; or

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[PART II—SEC. 3(ii)]

(iii) Which causes or is intended to cause disaffection against India;

92.

For the purpose of conduct of proceedings, Section 3, 4, 5 and 9 of the Unlawful Activities

(Prevention) Act, 1967 along with Rules 3 & 5 of the Unlawful Activities (Prevention) Rules 1968 as

amended upto date, are relevant and may be referred:-

“3. Declaration of an association as unlawful.— (1) If the Central Government is of opinion that

any association is, or has become, an unlawful association, it may, by notification in the Official

Gazette, declare such association to be unlawful.

(2) Every such notification shall specify the grounds on which it is issued and such other particulars

as the Central Government may consider necessary: Provided that nothing in this sub-section shall

require the Central Government to disclose any fact which it considers to be against the public

interest to disclose.

(3) No such notification shall have effect until the Tribunal has, by an order made under section 4,

confirmed the declaration made therein and the order is published in the Official Gazette:

Provided that if the Central Government is of opinion that circumstances exist which render it

necessary for that Government to declare an association to be unlawful with immediate effect, it may,

for reasons to be stated in writing, direct that the notification shall, subject to any order that may be

made under section 4, have effect from the date of its publication in the Official Gazette.

(4) Every such notification shall, in addition to its publication in the Official Gazette, be published

in not less than one daily newspaper having circulation in the State in which the principal office, if

any, of the association affected is situated, and shall be served on such association in such manner

as the Central Government may think fit and all or any of the following modes may be followed in

effecting such service, namely:—

(a) by affixing a copy of the notification to some conspicuous part of the office, if any of the

association; or

(b) by serving a copy of the notification, where possible, on the principal office-bearers, if

any of the association; or

(c) by proclaiming by beat of drum or by means of loudspeakers, the contents of the

notification in the area in which the activities of the association are ordinarily carried on;

or

(d) in such other manner as may be prescribed.

4. Reference to Tribunal.— (1) Where any association has been declared unlawful by a notification

issued under sub-section (1) of section 3, the Central Government shall, within thirty days from the

date of the publication of the notification under the said sub-section, refer the notification to the

Tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring the

association unlawful.

(2) On receipt of a reference under sub-section (1), the Tribunal shall call upon the association

affected by notice in writing to show cause, within thirty days from the date of the service of such

notice, why the association should not be declared unlawful.

(3) After considering the cause, if any, shown by the association or the office-bearers or members

thereof, the Tribunal shall hold an inquiry in the manner specified in section 9 and after calling for

such further information as it may consider necessary from the Central Government or from any

office-bearer or member of the association, it shall decide whether or not there is sufficient cause

for declaring the association to be unlawful and make, as expeditiously as possible and in any case

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

239

within a period of six months from the date of the issue of the notification under sub-section (1) of

section 3, such order as it may deem fit either confirming the declaration made in the notification or

cancelling the same.

(4) The order of the Tribunal made under sub-section (3) shall be published in the Official Gazette.

5. Tribunal.— (1) The Central Government may, by notification in the Official Gazette, constitute,

as and when necessary, a tribunal to be known as the “Unlawful Activities (Prevention) Tribunal”

consisting of one person, to be appointed by the Central Government:

Provided that no person shall be so appointed unless he is a Judge of a High Court.

(2) If, for any reason, a vacancy (other than a temporary absence) occurs in the office of the presiding

officer of the Tribunal, then, the Central Government shall appoint another person in accordance

with the provisions of this section to fill the vacancy and the proceedings may be continued before

the Tribunal from the stage at which the vacancy is filled.

(3) The Central Government shall make available to the Tribunal such staff as may be necessary for

the discharge of its functions under this Act.

(4) All expenses incurred in connection with the Tribunal shall be defrayed out of the Consolidated

Fund of India.

(5) Subject to the provisions of section 9, the Tribunal shall have power to regulate its own procedure

in all matters arising out of the discharge of its functions including the place or places at which it

will hold its sittings.

(6) The Tribunal shall, for the purpose of making an inquiry under this Act, have the same powers

as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a

suit, in respect of the following matters, namely:—

(a) the summoning and enforcing the attendance of any witness and examining him on oath;

(b) the discovery and production of any document or other material object producible as

evidence;

(c) the reception of evidence on affidavits;

(d) the requisitioning of any public record from any court or office;

(e) the issuing of any commission for the examination of witnesses.

(7) Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the

meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Tribunal shall be

deemed to be a civil court for the purposes of section 195 and 1 [Chapter XXVI] of the Code.

XXXX

XXXX

XXXX

9. Procedure to be followed in the disposal of applications under this Act.—Subject to any rules

that may be made under this Act, the procedure to be followed by the Tribunal in holding any inquiry

under sub-section (3) of section 4 or by a Court of the District Judge in disposing of any application

under sub-section (4) of section 7 or sub-section (8) of section 8 shall, so far as may be, be the

procedure laid down in the Code of Civil Procedure, 1908, for the investigation of claims and the

decision of the Tribunal or the Court of the District Judge, as the case may be, shall be final.”

Rules 3 & 5 of the Unlawful Activities (Prevention) Rules, 1968 further read as under:

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[PART II—SEC. 3(ii)]

“3. Tribunal and District Judge to follow rules of evidence.— (1) In holding an inquiry under sub-

section (3) of Section 4 or disposing of any application under sub-section (4) of Section 7 or sub-

section (8) of Section 8, the Tribunal or the District Judge, as the case may be, shall, subject to the

provisions of sub-rule (2), follow, as far as practicable, the rules of evidence laid down in the Indian

Evidence Act, 1872 (1 of 1872).

(2) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), where

any books of account or other documents have been produced before the Tribunal or the Court of

the District Judge by the Central Government and such books of account or other documents are

claimed by that Government to be of a confidential nature then, the Tribunal or the Court of the

District Judge, as the case may be, shall not,-

(a) make such books of account or other documents a part of the records of the proceedings

before it; or

(b) allow inspection of, or grant a copy of, the whole of or any extract from, such books of

account or other documents by or to any person other than a party to the proceedings before

it.

5. Documents which should accompany a reference to the Tribunal.— Every reference made to

the Tribunal under sub-section (1) of Section 4 shall be accompanied by—

(i) a copy of the notification made under sub-section (1) of Section 3, and

(ii) all the facts on which the grounds specified in the said notification are based:

Provided that nothing in this rule shall require the Central Government to disclose any fact

to the Tribunal which that Government considers against the public interest to disclose.”

Scope of Inquiry

93.

Hon’ble Supreme Court of India in Jamaat-E-Islami Hind v. Union of India (supra) held that the

declaration under sub-section (1) of Section 3 of the Act must be based on objective decision and the

determination should be that any action taken by such association constitutes an unlawful activity which is

the object of the association or the object is any activity punishable under Section 153-A or 153-B IPC. The

observations in para 9 and 10 are apt to be noticed:

“9. Clauses (f) and (g) of Section 2 contain definitions of “unlawful activity” and “unlawful

association” respectively. An “unlawful activity”, defined in clause (f), means “any action

taken” of the kind specified therein and having the consequence mentioned. In other words, “any

action taken” by such individual or association constituting an “unlawful activity” must have

the potential specified in the definition. Determination of these facts constitutes the foundation

for declaring an association to be unlawful under sub-section (1) of Section 3 of the Act. Clause

(g) defines “unlawful association” with reference to “unlawful activity” in sub-clause (i)

thereof, and in sub-clause (ii) the reference is to the offences punishable under Section 153-A or

Section 153-B of the Penal Code, 1860. In sub-clause (ii), the objective determination is with

reference to the offences punishable under Section 153-A or Section 153-B of the IPC while in

sub-clause (i) it is with reference to “unlawful activity” as defined in clause (f). These

definitions make it clear that the determination of the question whether any association is, or

has become, an unlawful association to justify such declaration under sub-section (1) of

Section 3 must be based on an objective decision; and the determination should be that “any

action taken” by such association constitutes an “unlawful activity” which is the object of the

association or the object is any activity punishable under Section 153-A or Section 153-B IPC.

It is only on the conclusion so reached in an objective determination that a declaration can

be made by the Union of India under sub-section (1) of Section 3.

[भाग II—खण् ड 3(ii)]

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241

10. Sub-section (2) of Section 3 requires the notification issued under sub-section (1) to specify the

grounds on which it is issued and such other particulars as the Central Government may consider

necessary. This requirement indicates that performance of the exercise has to be objective together

with disclosure of the basis of action to the association. The proviso to sub-section (2) permits the

Central Government not to disclose any fact which it considers to be against the public interest to

disclose. Ordinarily a notification issued under sub-section (1) of Section 3 becomes effective only

on its confirmation by the Tribunal by an order made under Section 4 after due inquiry; but in

extraordinary circumstances, which require that it may be brought into effect immediately, it may be

so done for “reasons to be stated in writing” by the Central Government, and then also it is subject

to any order made by the Tribunal under Section 4 of the Act. Section 3 requires an objective

determination of the matter by the Central Government and Section 4 requires confirmation of the

act of the Central Government by the Tribunal.”

94.

Further, sub-section (3) of Section 4 prescribes an inquiry by the Tribunal in the manner specified

after considering the reply, if any, to the show-cause notice by the respondent association. The Tribunal is

also empowered to call for such other information as it may consider necessary from the Central Government

or the Association in question for adjudicating whether or not there is sufficient cause for declaring the

Association to be unlawful. It may be emphasized that the inquiry is in the nature of an adjudication of a lis

between two parties, the decision of which depends upon the fate of the material produced by the respective

parties and the credibility of the material. The test of greater probability is the pragmatic test applicable for

determination of such an outcome.

95.

The proceedings before the Tribunal are deemed to be judicial proceedings and the Tribunal is further

deemed to be a Civil Court for the purpose of Section 5 of the Act for the purpose of conduct of inquiry.

Subject to the provisions of Section 9, the Tribunal shall have powers to regulate its own procedure in all

matters arising out of the discharge of its functions including the place or places at which the Tribunal holds

its sittings. Section 9 of the Act further lays down that the procedure followed by the Tribunal in holding an

inquiry under sub-section (3) of Section 4 shall be the procedure prescribed by the Code of Civil Procedure

for the investigation of the claims.

Further, as per sub-rule (1) of Rule 3 of Unlawful Activities (Prevention) Rules, 1968 in holding an

inquiry under sub-section (3) of Section 4 of the Act, subject to provisions of sub-rule (2), as far as

practicable, the rules of evidence as provided in Indian Evidence Act shall be applicable.

The scope of inquiry in the context of proceedings under UA(P)A has been authoritatively laid down

by the Hon’ble Apex Court in Jamaat-E-Islami Hind v. Union of India (supra) and observations in para 11

and 12 may be noticed:-

“11. Section 4 deals with reference to the Tribunal. Sub-section (1) requires the Central Government

to refer the notification issued under sub-section (1) of Section 3 to the Tribunal “for the purpose of

adjudicating whether or not there is sufficient cause for declaring the association unlawful”. The

purpose of making the reference to the Tribunal is an adjudication by the Tribunal of the existence

of sufficient cause for making the declaration. The words ‘adjudicating’ and “sufficient cause” in

the context are of significance. Sub-section (2) requires the Tribunal, on receipt of the reference, to

call upon the association affected “by notice in writing to show cause” why the association should

not be declared unlawful. This requirement would be meaningless unless there is effective notice of

the basis on which the declaration is made and a reasonable opportunity to show cause against the

same. Sub-section (3) prescribes an inquiry by the Tribunal, in the manner specified, after

considering the cause shown to the said notice. The Tribunal may also call for such other information

as it may consider necessary from the Central Government or the association to decide whether or

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not there is sufficient cause for declaring the association to be unlawful. The Tribunal is required to

make an order which it may deem fit “either confirming the declaration made in the notification or

cancelling the same”. The nature of inquiry contemplated by the Tribunal requires it to weigh the

material on which the notification under sub-section (1) of Section 3 is issued by the Central

Government, the cause shown by the Association in reply to the notice issued to it and take into

consideration such further information which it may call for, to decide the existence of sufficient

cause for declaring the Association to be unlawful. The entire procedure contemplates an objective

determination made on the basis of material placed before the Tribunal by the two sides; and the

inquiry is in the nature of adjudication of a lis between two parties, the outcome of which depends

on the weight of the material produced by them. Credibility of the material should, ordinarily, be

capable of objective assessment. The decision to be made by the Tribunal is “whether or not there is

sufficient cause for declaring the Association unlawful”. Such a determination requires the Tribunal

to reach the conclusion that the material to support the declaration outweighs the material against

it and the additional weight to support the declaration is sufficient to sustain it. The test of greater

probability appears to be the pragmatic test applicable in the context.

12. Section 5 relates to constitution of the Tribunal and its powers. Sub-section (1) of Section 5

clearly provides that no person would be appointed “unless he is a Judge of a High Court”.

Requirement of a sitting Judge of a High Court to constitute the Tribunal also suggests that the

function is judicial in nature. Sub-section (7) says that any proceeding before the Tribunal shall be

deemed to be a “judicial proceeding” and the Tribunal shall be deemed to be a “Civil Court” for

the purposes specified. Section 6 deals with the period of operation and cancellation of notification.

Section 8 has some significance in this context. Sub-section (8) of Section 8 provides the remedy to

any person aggrieved by a notification issued in respect of a place under sub-section (1) or by an

order made under sub-section (3) or sub-section 4, by an application made to the District Judge who

is required to decide the same after giving the parties an opportunity of being heard. This also

indicates the judicial character of the proceeding even under Section 8. Section 9 prescribes the

procedure to be followed in the disposal of applications under the Act. Provisions of Section 9 of the

Act lay down that the procedure to be followed by the Tribunal in holding an inquiry under sub-

section (3) of Section 4 or by the District Judge under Section 8 shall, so far as may be, be the

procedure prescribed by the Code of Civil Procedure for the investigation of claims. Sections 10 to

14 in Chapter III relate to “offences and penalties” which indicate the drastic consequences of the

action taken under the Act including a declaration made that an association is unlawful. The penal

consequences provided are another reason to support the view that the inquiry contemplated by the

Tribunal under Section 4 of the Act is judicial in character since the adjudication made by the

Tribunal is visited with such drastic consequences.”

IX.

ADMISSIBILITY AND RELEVANCY OF EVIDENCE

96.

For the purpose of assessment of evidence in the proceedings before this Tribunal, reference may be

made to Sections 25, 26 & 27 Indian Evidence Act, 1872 (corresponding to Section 23 of Bharatiya Sakshya

Adhiniyam, 2023), Section 161 and 162 of Cr.P.C., 1973 (corresponding to Sections 180 & 181 of Bharatiya

Nagrik Suraksha Sanhita, 2023) and legal principles as settled by the Hon’ble Supreme Court with reference

to aforesaid sections. Section 25, 26 and 27 of the Indian Evidence Act, 1872 may be reproduced for

reference as under:-

“25. Confession to police-officer not to be proved.––No confession made to a police-officer, shall

be proved as against a person accused of any offence.

26. Confession by accused while in custody of police not to be proved against him.––No confession

made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate

presence of a Magistrate, shall be proved as against such person.

[Explanation.––In this section “Magistrate” does not include the head of a village

discharging magisterial functions in the Presidency of Fort St. George 6 *** or elsewhere, unless

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

243

such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal

Procedure, 1882 (10 of 1882).]

27. How much of information received from accused may be proved.––Provided that, when any

fact is deposed to as discovered inconsequence of information received from a person accused of any

offence, in the custody of a police-officer, so much of such information, whether it amounts to a

confession or not, as relates distinctly to the fact thereby discovered, may be proved.”

Further, Section 161 and 162 Cr.P.C., 1973 read as under:-

161. Examination of witnesses by police. (1) Any police officer making an investigation under this

Chapter, or any police officer not below such rank as the State Government may, by general or

special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally

any person supposed to be acquainted with the facts and circumstances of the case.

(2)

Such person shall be bound to answer truly all questions relating to such case put to him by

such officer, other than questions the answers to which would have a tendency to expose him to a

criminal charge or to a penalty or forfeiture.

(3)

The police officer may reduce into writing any statement made to him in the course of an

examination under this section; and if he does so, he shall make a separate and true record of the

statement of each such person whose statement he records.

162. Statements to police not to be signed: Use of statements in evidence. (1) No statement made by

any person to a police officer in the course of an investigation under this Chapter, shall, if reduced

to writing, be signed by the person making it ; nor shall any such statement or any record thereof,

whether in a police diary or otherwise, or any part of such statement or record, be used for any

purpose, save as hereinafter

provided, at any inquiry or trial in respect of any offence under investigation at the time when such

statement was made:

Provided that when any witness is called for the prosecution in such inquiry or trial whose statement

has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by

the accused, and with the permission of the Court, by the prosecution, to contradict such witness in

the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872); and when any part

of such statement is so used, any part thereof may also be used in the re- examination of such witness,

but for the purpose only of explaining any matter referred to in his cross-examination.

(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of

clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872), or to affect the provisions of

section 27 of that Act.

Explanation.-An omission to state a fact or circumstance in the statement referred to in sub-section

(1) may amount to contradiction if the same appears to be significant and otherwise relevant having

regard to the context in which such omission occurs and whether any omission amounts to a

contradiction in the particular context shall be a question of fact.”

97.

Section 25 and 26 of the Indian Evidence Act, 1872 provide that a confession made to a Police Officer

while in custody shall not be proved against a person accused of any offence in a trial of the accused for the

said offence but the same does not bar the use of a statement given by the accused in a proceeding other than

in which he is being tried for the said offence.

98.

Hon’ble Supreme Court of India in Mahesh Kumar v. State of Rajasthan, 1990 Supp SCC 541 (2)

held that the statement made by the accused to the IO may be inadmissible in the trial for the said offence

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which was under investigation but is admissible in an enquiry with regard to the ownership of the property

held under Criminal Procedure Code. Relevant observations in para 3 may be reproduced as under:-

“3. In Queen Empress v. Tribhovan Manekchand, a Division Bench of the Bombay High Court laid

down that the statement made to the police by the accused persons as to the ownership of property

which was the subject matter of the proceedings against them although inadmissible as evidence

against them at the trial for the offence with which they were charged, were admissible as evidence

with regard to the ownership of the property in an enquiry held by the Criminal Procedure Code.

The same view was reiterated in Pohlu v. Emperor where it was pointed out that though there is a

bar in Section 25 of the Evidence Act, or in Section 162 Cr.P.C. for being made use of as evidence

against the accused, this statement could be made use of in an enquiry under Section 517 Cr.P.C.

when determining the question of return of property. These two decisions have been followed by the

Rajasthan High Court in Dhanraj Baldeokishan v. State and the Mysore High Court in

Veerabhadrappa v. Govinda.”

Further, the Hon’ble Apex Court in Khatri (IV) v. State of Bihar, (1981) 2 SCC 493, with reference

to statement made by an accused before a Police Officer in the course of investigation, held that the bar under

Section 162 Cr.P.C. would not apply where the Court calls for such statement in civil proceedings or inquiry

other than which was under investigation, provided the statement is otherwise relevant under the Indian

Evidence Act, 1872. Relevant observations in para 3 may be beneficially noticed:-

“3. Before we refer to the provisions of Sections 162 and 172 of the Criminal Procedure Code, it

would be convenient to set out briefly a few relevant provisions of that Code. Section 2 is the

definition section and clause (g) of that section defines “inquiry” to mean “every inquiry, other than

a trial conducted under this Code by a Magistrate or court”. Clause (a) of Section 2 gives the

definition of “investigation” and it says that investigation includes “all the proceedings under this

Code for the collection of evidence conducted by a police officer or by any person (other than a

Magistrate) who is authorised by a Magistrate in this behalf”. Section 4 provides:

“4. (1) All offences under the Penal Code, 1860 shall be investigated, inquired into, tried,

and otherwise dealt with according to the provisions hereinafter contained.

(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise

dealt with according to the same provisions, but subject to any enactment for the time being

in force regulating the manner or place of investigating, inquiring into, trying or otherwise

dealing with such offences.”

It is apparent from this section that the provisions of the Criminal Procedure Code are applicable

where an offence under the Penal Code, 1860 or under any other law is being investigated, inquired

into, tried or otherwise dealt with. Then we come straight to Section 162 which occurs in Chapter

XII dealing with the powers of the police to investigate into offences. That section, so far as material,

reads as under:

“162. (1) No statement made by any person to a police officer in the course of an

investigation under this Chapter, shall, if reduced to writing, be signed by the person making

it; nor shall any such statement or any record thereof, whether in a police diary or otherwise,

or any part of such statement or record, be used for any purpose, save as hereinafter

provided, at any inquiry or trial in respect of any offence under investigation at the time

when such statement was made:

Provided that when any witness is called for the prosecution in such inquiry or trial whose

statement has been reduced into writing as aforesaid, any part of his statement, if duly

proved, may be used by the accused, and with the permission of the court, by the prosecution,

to contradict such witness in the manner provided by Section 145 of the Indian Evidence Act,

1872; and when any part of such statement is so used, any part thereof may also be used in

the re-examination of such witness, but for the purpose only of explaining any matter

referred to in his cross-examination.

[भाग II—खण् ड 3(ii)]

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245

(2) Nothing in this section shall be deemed to apply to any statement falling within the

provisions of clause (1) of Section 32 of the Indian Evidence Act, 1872, or to affect the

provisions of Section 27 of that Act.”

It bars the use of any statement made before a police officer in the course of an investigation under

Chapter XII, whether recorded in a police diary or otherwise, but, by the express terms of the

section, this bar is applicable only where such statement is sought to be used “at any inquiry or

trial in respect of any offence under investigation at the time when such statement was made”. If

the statement made before a police officer in the course of an investigation under Chapter XII is

sought to be used in any proceeding other than an inquiry or trial or even at an inquiry or trial

but in respect of an offence other than that which was under investigation at the time when such

statement was made, the bar of Section 162 would not be attracted. This section has been enacted

for the benefit of the accused, as pointed out by this Court in Tahsildar Singh v. State of U.P. It is

intended “to protect the accused against the user of statements of witnesses made before the police

during investigation, at the trial presumably on the assumption that the said statements were not

made under circumstances inspiring confidence”. This Court, in Tahsildar Singh case approved the

following observations of Braund, J. in Emperor v. Aftab Mohd. Khan:

“As it seems to us it is to protect accused persons from being prejudiced by statements made

to police officers who by reason of the fact that an investigation is known to be on foot at the

time the statement is made, may be in a position to influence the maker of it, and, on the

other hand, to protect accused persons from the prejudice at the hands of persons who in the

knowledge that an investigation has already started, are prepared to tell untruths”

and expressed its agreement with the view taken by the Division Bench of the Nagpur High Court in

Baliram Tikaram Marathe v. Emperor that “the object of the section is to protect the accused both

against overzealous police officers and untruthful witnesses”. Protection against the use of statement

made before the police during investigation is, therefore, granted to the accused by providing that

such statement shall not be allowed to be used except for the limited purpose set out in the proviso

to the section, at any inquiry or trial in respect of the offence which was under investigation at the

time when such statement was made. But this protection is unnecessary in any proceeding other than

an inquiry or trial in respect of the offence under investigation and hence the bar created by the

section is a limited bar. It has no application, for example in a civil proceeding or in a proceeding

under Article 32 or 226 of the Constitution and a statement made before a police officer in the course

of investigation can be used as evidence in such proceeding, provided it is otherwise relevant under

the Indian Evidence Act. There are a number of decisions of various High Courts which have taken

this view and amongst them may be mentioned the decision of Jaganmohan Reddy, J. in Malakala

Surya Rao v. G. Janakamma. The present proceeding before us is a writ petition under Article 32 of

the Constitution filed by the petitioners for enforcing their Fundamental Rights under Article 21 and

it is neither an “inquiry” nor a “trial” in respect of any offence and hence it is difficult to see how

Section 162 can be invoked by the State in the present case. The procedure to be followed in a writ

petition under Article 32 of the Constitution is prescribed in Order XXXV of the Supreme Court

Rules, 1966, and sub-rule (9) of Rule 10 lays down that at the hearing of the rule nisi, if the court is

of the opinion that an opportunity be given to the parties to establish their respective cases by leading

further evidence, the court may take such evidence or cause such evidence to be taken in such manner

as it may deem fit and proper and obviously the reception of such evidence will be governed by the

provisions of the Indian Evidence Act. It is obvious, therefore, that even a statement made before, a

police officer during investigation can be produced and used in evidence in a writ petition under

Article 32 provided it is relevant under the Indian Evidence Act and Section 162 cannot be urged as

a bar against its production or use. The reports submitted by Shri L.V. Singh setting forth the result

of his investigation cannot, in the circumstances, be shut out from being produced and considered in

evidence under Section 162, even if they refer to any statements made before him and his associates

during investigation, provided they are otherwise relevant under some provision of the Indian

Evidence Act.”

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99.

In Vinay D. Nagar v. State of Rajasthan, (2008) 5 SCC 597, Hon’ble Supreme Court of India

reiterated the observations in Khatri (IV) v. State of Bihar (supra), as observed in para 14 & 15 as under:-

“14. On account of Section 162 CrPC, a statement made by any person to a police officer in the

course of investigation under Chapter XII, if reduced into writing, will not be signed by the person

making it, nor such statement recorded or any part thereof be used for any purpose at any inquiry

or trial in respect of any offence under investigation at the time when such statement was made. Such

statement may be used by an accused and with the permission of the court by the prosecution to

contradict the witness whose statement was recorded by the police in the manner provided under

Section 145 of the Evidence Act and can also be used for re-examination of such witness for the

purpose only of explaining any matter referred to in his cross-examination. Bar of Section 162 CrPC

of proving the statement recorded by the police officer of any person during investigation however

shall not apply to any statement falling within the provision of Clause (1) of Section 32 of the

Evidence Act, nor shall it affect Section 27 of the Evidence Act. Bar of Section 162 CrPC is in regard

to the admissibility of the statement recorded of a person by the police officer under Section 161

CrPC and by virtue of Section 162 CrPC would be applicable only where such statement is sought

to be used at any inquiry or trial in respect of any offence under investigation at the time when

such statement was made.

15. In Khatri (IV) v. State of Bihar this Court has held that Section 162 CrPC bars the use of any

statement made before the police officer in the course of an investigation under Chapter XII,

whether recorded in the police diary or otherwise. However, by the express terms of Section 162,

this bar is applicable only where such statement is sought to be used “at any inquiry or trial” in

respect of any offence under investigation at the time when such statement was made. If the

statement made before a police officer in the course of an investigation under Chapter XII is

sought to be used in any proceeding, inquiry or trial in respect of an offence other than which was

under investigation at the time when such statement was made, the bar of Section 162 will not be

attracted.”

100.

In the aforesaid context, observations made by Hon’ble Supreme Court in para 21 and 22 in Jamaat-

e-Islami Hind v. Union of India (supra) may also be noticed:-

“21. To satisfy the minimum requirements of a proper adjudication, it is necessary that the Tribunal

should have the means to ascertain the credibility of conflicting evidence relating to the points in

controversy. Unless such a means is available to the Tribunal to determine the credibility of the

material before it, it cannot choose between conflicting material and decide which one to prefer and

accept. In such a situation, the only option to it would be to accept the opinion of the Central

Government, without any means to test the credibility of the material on which it is based. The

adjudication made would cease to be an objective determination and be meaningless, equating the

process with mere acceptance of the ipse dixit of the Central Government. The requirement of

adjudication by the Tribunal contemplated under the Act does not permit abdication of its function

by the Tribunal to the Central Government providing merely its stamp of approval to the opinion of

the Central Government. The procedure to be followed by the Tribunal must, therefore, be such

which enables the Tribunal to itself assess the credibility of conflicting material on any point in

controversy and evolve a process by which it can decide whether to accept the version of the Central

Government or to reject it in the light of the other view asserted by the association. The difficulty in

this sphere is likely to arise in relation to the evidence or material in respect of which the Central

Government claims non-disclosure on the ground of public interest.

22. It is obvious that the unlawful activities of an association may quite often be clandestine in nature

and, therefore, the source of evidence of the unlawful activities may require continued confidentiality

in public interest. In such a situation, disclosure of the source of such information, and, may be, also

full particulars thereof, is likely to be against the public interest. The scheme of the Act and the

procedure for inquiry indicated by the Rules framed thereunder provide for maintenance of

confidentiality, whenever required in public interest. However, the non-disclosure of sensitive

information and evidence to the association and its office-bearers, whenever justified in public

interest, does not necessarily imply its non-disclosure to the Tribunal as well. In such cases where

[भाग II—खण् ड 3(ii)]

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247

the Tribunal is satisfied that non-disclosure of such information to the association or its office-

bearers is in public interest, it may permit its non-disclosure to the association or its office-bearers,

but in order to perform its task of adjudication as required by the Act, the Tribunal can look into the

same for the purpose of assessing the credibility of the information and satisfying itself that it can

safely act on the same. In such a situation, the Tribunal can devise a suitable procedure whereby it

can itself examine and test the credibility of such material before it decides to accept the same for

determining the existence of sufficient cause for declaring the association to be unlawful. The

materials need not be confined only to legal evidence in the strict sense. Such a procedure would

ensure that the decision of the Tribunal is an adjudication made on the points in controversy after

assessing the credibility of the material it has chosen to accept, without abdicating its function by

merely acting on the ipse dixit of the Central Government. Such a course would satisfy the minimum

requirement of natural justice tailored to suit the circumstances of each case, while protecting the

rights of the association and its members, without jeopardising the public interest. This would also

ensure that the process of adjudication is not denuded of its content and the decision ultimately

rendered by the Tribunal is reached by it on all points in controversy after adjudication and not by

mere acceptance of the opinion already formed by the Central Government.”

101.

In the light of aforesaid legal position, since the inquiry before this Tribunal does not entail

adjudicating the guilt of the accused but rather assessing the adequacy of material before the Central

Government for declaring Sikhs for Justice (SFJ) as an ‘unlawful association’, the statements of witnesses

recorded by the police officers including the statements made by the accused during investigation of said

offences along with seizure memos are relevant and admissible before this Tribunal. The same can be looked

into to ascertain the sufficiency of material before the Central Government for making the declaration under

section 3(1) of UA(P)A.

X.

CONFIDENTIALITY OF DOCUMENTS CLAIMED ON BEHALF OF UNION OF

INDIA

102.

An application under Section 129 of the Bharatiya Sakshya Adhiniyam, 2023 read with Section 3(2)

of the Unlawful Activities (Prevention) Act, 1967 and Rule 3(2) and Rule 5 of the Unlawful Activities

(Prevention) Rules, 1968 has been preferred on behalf of Ministry of Home Affairs (Central Government)

claiming privilege of non-disclosure of documents (adduced in a sealed cover) in national interest, as

mentioned in affidavit of evidence of Shri Anil Subramaniam, Joint Secretary, Ministry of Home Affairs

(Internal Security Division), Government of India who has been examined as PW-52.

Learned ASG urged that appropriate directions be issued by the Tribunal directing that said

documents shall not be shared with any third party or any member or office bearer of SFJ and shall not be

made available for publication in public domain by any person and/or for inspection to any party during the

pendency of proceedings and after conclusion thereof.

103.

Directions were issued by the Tribunal vide order dated 13th December, 2024 that the aforesaid

documents shall not be shared, as prayed therein, till the disposal of the application, which shall be

considered/disposed of along with the main matter.

104.

Learned ASG emphasizes that the documents for which claim of privilege is made is by their nature,

confidential and sensitive. Further, the said documents in sealed cover cannot be supplied as a public

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document since the documents form part of the evidence collected by the Intelligence Agencies which pertain

to secessionist and unlawful activities of SFJ and disclosure would be clearly detrimental to the larger public

interest as well as security of the State.

105.

In the aforesaid context, learned ASG relied upon Section 123 of the Indian Evidence Act along with

Rule 3(2) of the Unlawful Activities (Prevention) Rules, 1968. Reference was further made to Section 129

of the Bharatiya Sakshya Adhiniyam, 2023. Reliance was also placed upon para 20 and 22 of Jamaat-E-

Islami Hind v. Union of India (supra).

106.

Admittedly, the material filed by the Central Government in the sealed cover contains confidential

notes and the file was put up to the Cabinet Committee on Security along with relevant documents including

intelligence inputs and correspondence in relation thereto. The privilege, as such, is claimed not only in

public interest also in national interest, since the nature of the documents impinge upon the national security.

107.

What is in the interest of national security is not a question of law but a matter of policy. In Ex-

Armymen’s Protection Services Private Ltd. v. Union of India, (2014) 5 SCC 409, Hon’ble Apex Court

observed that it is difficult to define in exact terms as to what is national security. However, the same would

generally include socio-political stability, territorial integrity, economic solidarity and strength, ecological

balance, cultural cohesiveness, external peace etc. It is not not for the Court to decide whether something is

in the interest of the State or not but should be left to the Executive.

108.

For the purpose of claiming the privilege to the documents, reference may also be made to Section

129 of the Bharatiya Sakshya Adhiniyam, 2023 read with Section 3(2) of the Unlawful Activities (Prevention)

Act, 1967 and Rule 3(2) of the Unlawful Activities (Prevention) Rules, 1968.

“THE BHARATIYA SAKSHYA ADHINIYAM, 2023

“S.129. Evidence as to affairs of State.— No one shall be permitted to give any evidence derived

from unpublished official records relating to any affairs of State, except with the permission of the

officer at the head of the department concerned, who shall give or withhold such permission as he

thinks fit.”

THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967

3. Declaration of an association as unlawful.—

(1) *****

(2) Every such notification shall specify the grounds on which it is issued and such other particulars

as the Central Government may consider necessary:

Provided that nothing in this sub-section shall require the Central Government to disclose any fact

which it considers to be against the public interest to disclose.

***”

THE UNLAWFUL ACTIVITIES (PREVENTION) RULES, 1968

3. Tribunal and District Judge to follow rules of evidence.— (1) In holding an inquiry under sub-

section (3) of section 4 or disposing of any application under sub- section (4) of section 7 or sub-

section (8) of section 8, the Tribunal or the District Judge, as the case may be, shall, subject to the

provisions of sub-rule (2), follow, as far as practicable, the rules of evidence laid down in the Indian

Evidence Act, 1872 (1 of 1872).

[(2) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), where

any books of account or other documents have been produced before the Tribunal or the Court

of the District Judge by the Central Government and such books of account or other documents

are claimed by that Government to be of a confidential nature then, the Tribunal or the Court of

the District Judge, as the case may be, shall not,-

[भाग II—खण् ड 3(ii)]

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249

(a) make such books of account or other documents a part of the records of the proceedings

before it; or

(b) allow inspection of, or grant a copy of, the whole of or any extract from, such books of

account or other documents by or to any person other than a party to the proceedings before

it.]”

109.

Proviso to sub-section (2) of Section 3 of UA(P)A provides that the Central Government may not

disclose any fact which it considers to be against public interest to disclose. In the aforesaid context, it may

be noticed that Rule 3(2) of the Unlawful Activities (Prevention) Rules, 1968 starts with a non-obstante

clause and provides that notwithstanding anything contained in the Indian Evidence Act, 1872, where any

books of account or other documents are sought to be produced by the Central Government and these

documents are claimed to be of a confidential nature, then the Tribunal shall not make such documents a part

of the records of the proceedings before it or allow inspection of or grant a copy of the same to any person

other than the parties to the proceedings before it.

110.

The nature of the proceedings and the scope of inquiry before the Tribunal and the treatment which

has to be given to the documents in respect of which privilege has been claimed by the government or its

Nodal Agency has been further highlighted by the Hon’ble Supreme Court of India in Jamaat-e-Islami Hind

v. Union of India (supra). After interpreting the scheme of UA(P)A and the Rules framed thereunder, the

Hon’ble Apex Court unequivocally upheld the rights of the Central Government to claim privilege in respect

of confidential documents in public interest. Observations in para 20, 22, 23 and 26 in Jamaat-e-Islami

Hind v. Union of India (supra) may be quoted for reference:

“20. As earlier mentioned, the requirement of specifying the grounds together with the disclosure of

the facts on which they are based and an adjudication of the existence of sufficient cause for

declaring the association to be unlawful in the form of decision after considering the cause, if any,

shown by the association in response to the show-cause notice issued to it, are all consistent only

with an objective determination of the points in controversy in a judicial scrutiny conducted by a

Tribunal constituted by a sitting High Court Judge, which distinguishes the scheme under this Act

with the requirement under the preventive detention laws to justify the anticipatory action of

preventive detention based on suspicion reached by a process of subjective satisfaction. The scheme

under this Act requiring adjudication of the controversy in this manner makes it implicit that the

minimum requirement of natural justice must be satisfied, to make the adjudication meaningful. No

doubt, the requirement of natural justice in a case of this kind must be tailored to safeguard public

interest which must always outweigh every lesser interest. This is also evident from the fact that the

proviso to sub-section (2) of Section 3 of the Act itself permits the Central Government to withhold

the disclosure of facts which it considers to be against the public interest to disclose. Similarly, Rule

3(2) and the proviso to Rule 5 of the Unlawful Activities (Prevention) Rules, 1968 also permit non-

disclosure of confidential documents and information which the Government considers against the

public interest to disclose. Thus, subject to the non-disclosure of information which the Central

Government considers to be against the public interest to disclose, all information and evidence

relied on by the Central Government to support the declaration made by it of an association to be

unlawful, has to be disclosed to the association to enable it to show cause against the same. Rule 3

also indicates that as far as practicable the rules of evidence laid down in the Indian Evidence Act,

1872 must be followed. A departure has to be made only when the public interest so requires. Thus,

subject to the requirement of public interest which must undoubtedly outweigh the interest of the

association and its members, the ordinary rules of evidence and requirement of natural justice must

be followed by the Tribunal in making the adjudication under the Act.

XXXX

XXXX

XXXX

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22. It is obvious that the unlawful activities of an association may quite often be clandestine in nature

and, therefore, the source of evidence of the unlawful activities may require continued confidentiality

in public interest. In such a situation, disclosure of the source of such information, and, may be, also

full particulars thereof, is likely to be against the public interest. The scheme of the Act and the

procedure for inquiry indicated by the Rules framed thereunder provide for maintenance of

confidentiality, whenever required in public interest. However, the non-disclosure of sensitive

information and evidence to the association and its office-bearers, whenever justified in public

interest, does not necessarily imply its non-disclosure to the Tribunal as well. In such cases where

the Tribunal is satisfied that non-disclosure of such information to the association or its office-

bearers is in public interest, it may permit its non-disclosure to the association or its office-bearers,

but in order to perform its task of adjudication as required by the Act, the Tribunal can look into the

same for the purpose of assessing the credibility of the information and satisfying itself that it can

safely act on the same. In such a situation, the Tribunal can devise a suitable procedure whereby it

can itself examine and test the credibility of such material before it decides to accept the same for

determining the existence of sufficient cause for declaring the association to be unlawful. The

materials need not be confined only to legal evidence in the strict sense. Such a procedure would

ensure that the decision of the Tribunal is an adjudication made on the points in controversy after

assessing the credibility of the material it has chosen to accept, without abdicating its function by

merely acting on the ipse dixit of the Central Government. Such a course would satisfy the minimum

requirement of natural justice tailored to suit the circumstances of each case, while protecting the

rights of the association and its members, without jeopardising the public interest. This would also

ensure that the process of adjudication is not denuded of its content and the decision ultimately

rendered by the Tribunal is reached by it on all points in controversy after adjudication and not by

mere acceptance of the opinion already formed by the Central Government.

23. In John J. Morrissey and G. Donald Booher v. Lou B. Brewer [408 US 471: 33 L Ed 2d 484

(1972)] the United States Supreme Court, in a case of parole revocation, indicated the minimum

requirements to be followed, as under: (L Ed pp. 498-99)

“Our task is limited to deciding the minimum requirements of due process. They include (a)

written notice of the claimed violations of parole; (b) disclosure to the parolee of evidence

against him; (c) opportunity to be heard in person and to present witnesses and documentary

evidence; (d) the right to confront and cross-examine adverse witnesses (unless the hearing

officer specifically finds good cause for not allowing confrontation); (e) a ‘neutral and

detached’ hearing body such as a traditional parole board, members of which need not be

judicial officers or lawyers; and (f) a written statement by the fact finders as to the evidence

relied on and reasons for revoking parole. We emphasise there is no thought to equate this

second stage of parole revocation to a criminal prosecution in any sense. It is a narrow

inquiry; the process should be flexible enough to consider evidence including letters,

affidavits, and other material that would not be admissible in an adversary criminal trial.”.

xxx

xxx

xxx

26. ……The provision for adjudication by judicial scrutiny, after a show-cause notice, of existence

of sufficient cause to justify the declaration must necessarily imply and import into the inquiry, the

minimum requirement of natural justice to ensure that the decision of the Tribunal is its own opinion,

formed on the entire available material, and not a mere imprimatur of the Tribunal affixed to the

opinion of the Central Government. Judicial scrutiny implies a fair procedure to prevent the vitiating

element of arbitrariness. What is the fair procedure in a given case, would depend on the materials

constituting the factual foundation of the notification and the manner in which the Tribunal can

assess its true worth. This has to be determined by the Tribunal keeping in view the nature of its

scrutiny, the minimum requirement of natural justice, the fact that the materials in such matters are

not confined to legal evidence in the strict sense, and that the scrutiny is not a criminal trial. The

Tribunal should form its opinion on all the points in controversy after assessing for itself the

credibility of the material relating to it, even though it may not be disclosed to the association, if the

public interest so requires.”

111.

In the aforesaid context, it may be noticed that Cabinet papers, minutes of discussion of Heads of

Department and high level documents relating to the inner working of the government machinery or

[भाग II—खण् ड 3(ii)]

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251

concerned with framing of government policies belong to classified category of documents, which in public

interest may be regarded as protected against disclosure as held in S.P. Gupta v. Union of India, 1981

(Suppl.) SCC 87.

112.

The application claiming privilege filed on behalf of Union of India is duly supported by an affidavit

of Shri Anil Subramaniam, Joint Secretary, Ministry of Home Affairs (Internal Security Division),

Government of India. The documents placed in the sealed cover were opened and examined by the Tribunal

in relation to the evidence brought on record by the witnesses. In the opinion of this Tribunal, the documents

placed in the sealed cover corroborate the substantive testimony of witnesses which has been led on record

by the Union of India and can be taken into consideration.

After perusal of the said documents, this Tribunal is of the considered opinion that the documents

collected by the Intelligence Agencies pertaining to secessionist and unlawful activities of SFJ and those

associated with it, are sensitive and confidential in nature. The disclosure of the same to SFJ or any third

party shall be prejudicial to public interest as well as security of the State. The non-provision of the said

documents contained in the sealed cover is in no manner, fatal to the Association or any other person. The

privilege claimed on behalf of the Union of India in respect of the said documents in a sealed cover is allowed.

Accordingly, it is directed that said documents shall not be shared with any third party or any member or

office bearer of SFJ (respondent association) and shall not be made available for publication in public domain

by any person and/or for inspection to any party during the pendency of proceedings and after conclusion

thereof.

XI.

ANALYSIS

113.

I have considered the submissions made by learned Additional Solicitor General along with Shri

Rajat Nair, Advocate on behalf of Union of India and gone through the evidence along with material placed

on record. The documents placed in a sealed cover during the evidence of PW-52 have also been perused.

114.

The Tribunal is required to adjudicate whether or not there is sufficient cause for extending the

declaration of Sikhs for Justice (SFJ) as an “unlawful association”, in view of extension of declaration of

Sikhs for Justice as an “unlawful association” for a period of five years from 10th day of July, 2024 by the

Central Government vide notification No.2660(E) dated 08th July, 2024, in exercise of powers conferred by

sub-section (1) and (3) of Section 3 of the Unlawful Activities (Prevention) Act, 1967.

115.

In the light of the legal principles which have been enumerated in the preceding paras, the test of

“subjective satisfaction based on objective consideration of the material” is applicable when the Union of

India arrives at an administrative decision as to whether an association is liable to be declared as “unlawful

association” under the provisions of UA(P)A.

To satisfy the said test, it is incumbent that there should be material available before the Union of

India which would form part of the official record and should not be extraneous to the aims, objects and

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[PART II—SEC. 3(ii)]

activities of the association sought to be declared as “unlawful”. Once there is availability of incriminatory

and inculpatory material on the file placed before the Competent Authority of Union of India, manifesting

that the association sought to be declared as unlawful is indulging in secessionist and subversive activities,

the same will muster and satisfy the test of “sufficient cause” as contemplated in Jamaat-E-Islami Hind v.

Union of India (supra).

The statute does not prescribe any minimum number of criminal acts to be available before the Union

of India before it takes a decision to proscribe an organization under Section 3 of UA(P)A. Section 3 of

UA(P)A emphasizes on the word “opinion” and not any numerical figure or other ingredient before the Union

of India can make a decision under Section 3(1) of UA(P)A.

As already noticed, Hon'ble Supreme Court in Jamaat-E-Islami Hind v. Union of India (supra) has

prescribed “test of greater probability” which has to be applied to arrive at a conclusion as to whether there

is sufficient cause to declare an organization as “unlawful association”.

116.

On the face of record, there has been an exponential increase in the registration of FIRs against SFJ

and its chief protagonist Gurpatwant Singh Pannun from 11 in 2019 to 122 in 2024, in relation with

secessionist activities undertaken by the association.

117.

Considering the active role played by Gurpatwant Singh Pannun in promoting separatist and anti-

India activities advocating creation of an independent State of Khalistan, he was declared a ‘terrorist’ by the

Union of India under the Unlawful Activities (Prevention) Act, 1967 {UA(P)A} vide notification

No.S.O.2170(E) dated 01st July, 2020. Accordingly, in exercise of powers conferred by Clause (u) of sub-

section (1) of Section 35 of UA(P)A, the Union of India made the amendment in Fourth Schedule to the said

Act whereby after Serial No.10 in relation to entries therein, the name of Gurpatwant Singh Pannun was

added and the judicial notice of the same can be taken on record.

118.

In the aforesaid context, linkage of Gurpatwant Singh Pannun with other Khalistani based terrorist

organizations has also been brought on record. Vide notification No.S.O.2169(E) dated 01st July, 2020

Gurmeet Singh Bagga (relating to Khalistan Zindabad Force); S.O.2166(E) dated 01st July, 2020 Ranjeet

Singh (relating to Khalistan Zindabad Force); S.O.2171(E) dated 01st July, 2020 Hardeep Singh Nijjar

(operational head of Khalistan Tiger Force); S.O.2168(E) dated 01st July, 2020 Bhupinder Singh Bhinda;

S.O.2164(E) dated 01st July, 2020 Wadhawa Singh Babbar @ Chacha @ Babbar (relating to Babbar Khalsa

team); S.O.2165(E) dated 01st July, 2020 Lakhbir Singh Rode; S.O.2167(E) dated 01st July, 2024 Paramjit

Singh Panjwar (relating to Khalistan Commando Force-Panjwar); S.O. 2172(E) dated 01st July, 2020 Paramjit

Singh Pamma (Babbar Khalsa International ‘BKI’) were declared as terrorists.

119.

The evidence of the witnesses examined on behalf of Union of India reflecting the anti-national and

subversive activities of Sikhs for Justice through its chief protagonitst Gurpatwant Singh Pannun and other

associates, may be briefly discussed hereinafter.

[भाग II—खण् ड 3(ii)]

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253

120.

RC-22/2022/NIA/DLI dated 18.05.2022 reflects SFJ’s involvement in use of improvised explosive

device behind the wall of Burail Jail, Chandigarh, as revealed in deposition of PW-20 Shri Sourabh Bhardwaj,

Deputy Superintendent of Police, NIA, Delhi. The case relates to recovery of tiffin like objet resembling an

IED, a detonator like device and a black bag near the back wall of Burail Jail, Chandigarh in April, 2022. A

search conducted at the houses of associates of Jaswinder Singh Multani revealed that they were linked to

the accused through WhatsApp groups such as ‘Sikhs for Justice, Referendum 2020 and Khalistan Ki Jung’.

The Facebook account of accused Jaswinder Singh Multani, also revealed that he used to share anti-national

and secessionist posts on his Facebook profile and additionally provided training on how to operate hand

grenades and pistols to members of his group through video calls. Jaswinder Singh Multani stands declared

as Proclaimed Offender and the investigation in the case is still undergoing.

121.

(i)

Testimony of PW-20 Shri Sourabh Bhardwaj, Deputy Superintendent of Police, NIA,

Delhi in RC-35/2021/NIA/DLI dated 30.12.2021 reflects that aforesaid FIR was registered since Jaswinder

Singh Multani, a member of SFJ along with associates based in India and abroad was actively recruiting and

radicalizing youth in Punjab through social media and encrypted messaging platforms. Further, their agenda

is to secede Punjab from India for which they have been raising funds and using smuggling networks to

procure arms, ammunition and explosives to carry out terror activities and revive terrorism in Punjab. During

investigation, searches were conducted at different locations in Punjab and Delhi of the suspected associates

which revealed that members and leaders of SFJ and Khalistani associations were involved in unlawful

activities. Accordingly, warrant of arrests were issued by Special NIA Court against members of Sikhs for

Justice including Gurmeet Singh, Paramjeet Singh Pamma, Ranjeet Singh Neeta and Jaswinder Singh

Multani but no arrests could be made and the case is under investigation.

(ii)

PW-18 Ms. Preetinder Kaur Virk, Deputy Superintendent of Police, NIA, Chandigarh with

reference to RC-19/2020/NIA/DLI dated 05.04.2020 stated that the aforesaid FIR pertains to propagation of

secessionist “Khalistan Referendum 2020” movement by affixing posters and banners of Khalistan Zindanad

and Referendum 2020, procurement of weapons, setting fire to business installations, efforts for arms training

in Pakistan and other acts of violence in Punjab and other parts of India. In the said case, Amritsar Police

apprehended Sukhraj Singh @ Raju and Malkit Singh @ Meetu on the spot at Kotmit Singh Flyover, Amritsar

while they were hanging “Khalistan Zindabad” and “Khalistan Referendum 2020” cloth banners at pillars of

flyover on 19.10.2018. During the course of investigation, other co-accused were arrested and investigation

established that they received funds from abroad sent by members for Sikhs for Justice which were used for

furthering terror activities and other preparatory acts. The videos and photographs of Gurpatwant Singh

Pannun were downloaded from open source, which revealed that SFJ is a front organization for terrorist

groups whose leaders are affiliated and associated with SFJ. The investigation revealed that members of SFJ

had been recruiting Sikh youth through social media and instigating them to carry out illegal activities against

the Government of India. During investigation, an attempt was also made to threaten NIA officials engaged

in investigation through twitter handles. In the aforesaid context, Gurpatwant Singh Pannun released a letter

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[PART II—SEC. 3(ii)]

dated 25.06.2019 written by him to Mr. Michael Pompeo, the then US Secretary of State admitting that

arrested accused were SFJ’s campaigners in India. Chargesheet in the said case stands filed before NIA

Special Court, SAS Nagar, Mohali against ten accused including Gurpatwant Singh Pannun. The evidence

in the said case strengthens the fact that SFJ has active linkages in Pakistan and have forged a nexus to

undermine the territorial integrity and sovereignty of India. The charge against the accused also stands framed

in the said case and order dated 14.09.2023 has also been passed by Special NIA Judge whereby properties

in the name of Gurpatwant Singh Pannun have been directed to be confiscated.

122.

Call made by Gurpatwant Singh Pannun on social media to incite mutiny in Indian Army and

engineer balkanisation of India

(i)

As testified by PW-3 RC No. 12/2021/NIA/DLI dated 18.06.2021 reflects that aforesaid case was

registered since Sikh for Justice (SFJ) uploaded a video on social media platform in which the Chief cum

General Counsel of SFJ, Gurpatwant Singh Pannun, can be seen provoking and instigating the soldiers of

Indian Army hailing from the States of Punjab, West Bengal and Maharashtra to desert the Indian Army and

go back to their states to save their families. He further instigated the soldiers to close the borders of their

respective states and propagated the idea of balkanization of India and independence of individual states.

During investigation, it was revealed that Gurpatwant Singh Pannun, exploited cyber space to publicize his

propaganda, and provoked the sentiments of people of across the country in general and of Punjab in

particular to indulge in secessionist activities. It was further revealed that Gurpatwant Singh Pannun used

media platform to issue threats to Government officers as well as for spreading the Pro-Khalistan ideology

by uploading 06 provoking/instigating videos on YouTube Channel including a video stating that “UN

Accepts Complaint against Prime Minister & Home Minister of India for R-Day Violence Against Farmers”.

Another video incited CM of West Bengal and Maharashtra to declare independence from Union of India.

Gurpatwant Singh Pannun and SFJ further announced 250,000 US Dollars bounty on Army Officers who

had participated in Operation ‘Blue Star’ propagating that they had committed genocide. It was also assured

in the video that Rs.3000/- as oxygen money will be given to the citizens of West Bengal, Maharashtra, Uttar

Pradesh and Punjab with the aim of creating disaffection towards the lawfully established Government of

India and making imputations prejudicial to national integration and cession of the country. During

investigation, proceedings under Section 82 Cr.P.C were initiated and Gurpatwant Singh Pannun, Chief-

General Counsel of SFJ stands declared as ‘Proclaimed Offender’ by the Special NIA Court, PHC, New

Delhi. The investigation in the case is still undergoing and chargesheet is yet to be filed. Testimony of PW-

03 Shri Ashish Khari, Inspector of Police, CIB Division, National Investigation Agency (NIA), New Delhi

highlights the aforesaid facts revealed in investigation.

(ii)

As per RC-02/2019/NIA/DLI dated 15.01.2019, SFJ in conspiracy with other terrorist organisations

and gangs had started a campaign in the name of “Punjab Referendum 2020 for Khalistan” and were raising

funds and carrying out secessionist activities on ground as well as social media with an intention to instigate

the members of Sikh community to agitate for the cession of the State of Punjab from the Union of India.

Further investigation revealed Gurpatwant Singh Pannun had extensively used social media platforms and

[भाग II—खण् ड 3(ii)]

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255

on-ground campaigns to propagate anti-India rhetoric, incite communal violence, and spread disaffection

among Sikhs, aiming to radicalize youth and create unrest in Punjab. SFJ leaders openly encouraged mutiny

within security forces, urging Sikh soldiers to abandon the Indian Army. During the course of investigation,

various videos and photographs of Gurpatwant Singh Pannun, Chief of SFJ were downloaded wherein

Gurpatwant Singh Pannun is seen burning the Indian Tricolor and blaming Indian Flag for genocide of the

Sikhs. Also, burnt remains of the Indian National Flag are shown to be sent to the Indian High Commission

in Canada and photograph of Kashmiri militants is shown as freedom fighters and urged the Kashmiri

militants and the Sikh soldiers to support the voter registration for referendum 2020. Another video showed

SFJ activists namely Sabi Singh, Sarabjit Singh Banur, Sukhwinder Singh Thana and five other persons, three

of them standing over the Indian National Flag and Sabi Singh saying that the Indian Tricolor is responsible

for rape of Sikh women and murder of innumerable Sikh youth and urged all sikh to burn the Tricolor and

support Referendum 2020 for Khalistan. Chargesheet was filed in aforesaid case against 16 accused including

absconding accused. Proceedings under section 82 Cr.P.C were initiated and properties belonging to

Gurpatwant Singh Pannun, Hardeep Singh Nijjar, Kulwant Singh Mothada, Avtar Singh Pannun, Sarabjit

Singh Bannur and Gurpreet Singh Baagi have been attached. The aforesaid facts have been revealed in

testimony of PW-17 Shri Raghvendra Vashistha, Inspector of Police, I&O Division, National Investigation

Agency, New Delhi, which remains uncontroverted.

123.

Intimidating threats issued by Gurpatwant Singh Pannun in respect of disruption of essential

services, including power generation and global occlusion of Air India Flights

RC-30/2023/NIA/DLI dated 20.11.2023, relates to a larger conspiracy which was revealed during

investigation that on 04.11.2023, Gurpatwant Singh Pannun posted a video on social media platforms, in

which he warned members of the Sikh Panth not to travel by Air India after 19th November 2023 as there

would be a 'global blockade' and their life could be in danger, and that Air India won't be allowed to operate

in the world. Investigation revealed that in July 2022, SFJ members had removed Pandrol clips of Railway

line about 400 yards from the Thermal Power Plant in Khedar, Hisar, Haryana, and in March, 2023 they again

removed clips of railway tracks in the village Lehra Mohabbat, district Bathinda, Punjab and near Pathrala

Railway Station, between Bathinda and Mandi Dabwali, Punjab. In the aforesaid context, Gurpatwant Singh

Pannun claimed responsibility through videos uploaded on social medial platform, for causing damage to the

said railway track through his aides, and also stated that the clips of the Railway line had been removed to

stop the coal supplies. Further, the said act was the beginning of their design to block the coal supply to many

Thermal Plants in the country. Apart from aforesaid facts revealed during investigation PW-15 Shri Migom

Doley, Superintendent of Police, CIB Division National Investigation Agency, New Delhi, further testified

that Gurpatwant Singh Pannun has been inciting and exhorting SFJ operatives to carry out acts of sabotage

against railway tracks in Punjab to cause derailment/accident of Passenger and Goods trains, particularly

those ferrying migrant labourers, and also asked his associates to plunge Delhi in darkness by disrupting coal

supplies to the Power Plants. The videos and photographs of Gurpatwant Singh Pannun were downloaded

from open source which revealed that SFJ is nothing more than a front organization for the terrorist groups

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[PART II—SEC. 3(ii)]

whose leaders are affiliated and closely associated with the SFJ. During investigation, it was revealed that

members of SFJ had been recruiting Sikh youth through social media and instigating them to carry out illegal

activities against the Government of India. In the said case, Gurpatwant Singh Pannun, through public

statements, writings, and online videos, openly declared that SFJ's primary objective is to secure Punjab's

separation from India and the creation of Khalistan State, which SFJ pursues through the endorsement of

unlawful and terror-related activities in India. The investigation in the case is still undergoing and chargesheet

is yet to be filed.

124.

RC-40/2020/NIA/DLI dated 15.12.2020 reflects that SFJ and Gurpatwant Singh Pannun

spearheaded a conspiracy in collaboration with Khalistani separatists, foreign nations, and non-state actor’s

hostile to India by infusing funds to galvanize the Khalistani movement, as revealed in deposition of PW-16

Shri Nidhin Lal, Superintendent of Police, National Investigation Agency, New Delhi. The case relates to

collection of huge funds abroad for on-ground campaigns and propaganda against Government of India

including staging demonstrations outside Indian Missions in countries like the USA, UK, Canada, Germany

spearheaded by SFJ and designated terrorists like Gurpatwant Singh Pannun, Paramjit Singh Pamma,

Hardeep Singh Nijjar and others. PW-16 testified in this regard that the funds were sent through Non-

Governmental Organizations (NGOs) to pro-Khalistan elements based in India to incite impressionable

youths to undertake terrorist acts and to strike terror in the people of India. The investigation in the aforesaid

case is underway since all the accused arrayed therein are located abroad.

125.

RC-30/2020/NIA/DLI dated 14.08.2020 relates to hoisting of Khalistani flags by accused on

instructions of Gurpatwant Singh Pannun, as revealed in deposition of PW-20 Shri Sourabh Bhardwaj,

Deputy Superintendent of Police, NIA, Delhi. The aforesaid case was registered on 14.08.2020, since two

miscreants entered the Administrative Complex, DC Office, Moga and hoisted one saffron/yellowish

coloured flag with word "KHALISTAN" inscribed on it which was fixed on an iron pole. They also cut the

rope of Indian National Flag hoisted in the premises of DC Office Complex, Moga, due to which the Indian

National Flag fell down and further dragged the Indian National Flag through the rope towards the outer gate

of the DC complex. During the course of investigation, it was revealed that accused entered into a conspiracy

to wage war against the Government of India in association with the leaders and cadres of Sikhs for Justice

(SFJ) by way of circulation of the recorded video of the incident on various social media platforms. Further,

the accused exhorted youth/radical Sikhs to hoist the Khalistan flag and circulated the recorded video of the

incident with the intention to incite disaffection towards the Government established by law. Pursuant to

investigation carried out by the NIA, Charge Sheet dated 11.02.2021 was filed before the concerned NIA

Special Court, Mohali, Punjab against six accused, including Gurpatwant Singh Pannun, (i.e. Rana Singh @

Harpreet Singh, Inderjit Singh @ Inderjeet Singh @ Inderjit Singh Gill, Jaspal Singh @ Ampa, Akashdeep

Singh @ Munna, and Jagwinder Singh @ Jagga). During investigation, it was also revealed that accused got

motivated and radicalized by watching videos on social media of accused Gurpatwant Singh Pannun, wherein

he announced that Haryana was a part of Punjab and after Khalistan is carved out, Haryana will become a

part of Khalistan. Also, in said videos, Gurpatwant Singh Pannun promised to pay a prize money of $2500 to

whosoever hoists the flag of Khalistan at Punjab and Haryana in any Government place or Panchayat Houses

[भाग II—खण् ड 3(ii)]

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257

on 15 August. It was revealed in investigation that on 14.08.2020, accused Inderjit Singh, Jaspal Singh and

Akashdeep Singh hoisted flag at DC office, Moga and on 17.08.2020, Inderjit and Jaspal reached at Amritsar.

Inderjit again made a call to Rana Singh @ Harpreet Singh and asked for sending reward money in lieu of

hoisting Khalistan flag at DC office complex, Moga in furtherance of conspiracy. Accordingly, Rana Singh

@ Harpreet Singh sent MTCN code to Inderjit and conveyed that he has sent Rs.20000/- fund for hoisting of

Khalistani flag by them. Based on the evidence on record, pursuant to the investigation carried out by NIA,

1st Supplementary Charge Sheet dated 19.02.2024 was filed before the NIA Special Court, Mohali, Punjab.

During course of investigation, it was revealed that accused Rana Singh and Gurpatwant Singh Pannun

collected funds in USA/ Richmond Hill, from many Indian residents belonging to Punjab & Haryana who

had business, shops and stores over there, and used these funds for propagating against the Government of

India to carve a separate State of Khalistan. It was also revealed that accused Rana Singh collected funds in

connivance with accused Gurpatwant Singh Pannun and sent these funds to India to his

supporters/sympathizers for secession of Punjab. The investigation revealed that members of SFJ have been

recruiting Sikh youths through social media and instigating them to carry out illegal activities against the

Government of India in lieu of money sent by proxies of SFJ from abroad. The Charge stands framed against

the accused in the said case and the case is pending trial qua 06 accused. The aforesaid activities of SFJ which

have been proved in testimony of PW-20, reflect that SFJ is involved in illegal activities supporting creation

of Khalistan.

126.

Death threats issued by Gurpatwant Singh Pannun to assassinate Hon'ble Prime Minister of

India and Hon'ble Home Minister of India

Deposition of PW-11 Rajinder Pal Singh, Deputy Superintendent of Police, Investigation, District

Barnala, Punjab with reference to FIR No. 317/2023, under Section 3 of the Punjab Prevention of Defacement

of Property Act and Section 153 IPC reflects that ‘death threats/appeal to assassinate’ were issued by

Gurpatwant Singh Pannun to assassinate Hon'ble the Prime Minister of India and Hon'ble the Home Minister

of India. The said FIR was registered at City-2 Barnala, Punjab following the defacement of public property

with slogans supporting the Khalistan movement. Secret information revealed that signboards installed

outside the office of the Forest Range Officer on Handiaya Road and opposite the rest house, near the

residence of the Deputy Commissioner were defaced by unknown persons, who wrote "SFJ" and “Khalistan”

in English using black paint. Further, the signboard installed opposite the Deputy Commissioner's residence,

carried the slogan "SAHID NIJJAR DA BADLA MODI SHAH THOKO WORLD CUP ROKO SFJ". Further

on the statement of Gurmel Singh @ Booti, one Kulvir Singh, was named as an accused in the aforesaid FIR

and was arrested on receiving a production warrant. On his disclosure, a spray bottle and a yellow-colored

flag, with "KHALISTAN" written in Punjabi using black spray paint, were recovered in a black polythene

bag near the location of defaced signboard. The case is pending at the stage of framing of Charge.

127.

Death threats issued by Gurpatwant Singh Pannun to assassinate Shri Rahul Gandhi, Member

of Parliament

PW-6 Ramanpreet Singh Gill, PPS, Deputy Superintendent of Police, Detective, Punjab with

reference to FIR No. 01/2023 dated 03.01.2023, Police Station Sadar, Sri Muktsar Sahib, District Sri Muktsar

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Sahib, Punjab testified that aforesaid FIR was registered as next to the back boundary wall of SSP Office,

Bathinda Road Sri Muktsar Sahib, towards village Sangudhaun, some unknown persons had written Pro-

Khalistani slogans “Indira Thoki, Rahul Thoko, Punjab Khalistan Rocket Referendum” in black paint. The

investigation of the said FIR revealed acts of evoking and stirring up Khalistani sentiments in the form of

Pro-Khalistani graffiti. PW-6 further deposed that probably the doer of the act was inspired by SFJ and

Gurpatwant Singh Pannun to propagate Khalistani agenda of SFJ and Gurpatwant Singh Pannun. However,

the identity of the accused could not be traced and accordingly, an Untrace Report u/s 173 Cr.P.C. was

presented in the concerned Court on 04.12.2023.

128.

Death threats issued by Gurpatwant Singh Pannun to assassinate Shri Captain Amarinder

Singh, the then Chief Minister of Punjab.

FIR No. 34/2021 dated 30.08.2021 registered at PS: Punjab State Cyber Crime, SAS Nagar, Punjab

reflects that death threat/appeal was issued by Gurpatwant Singh Pannun to assassinate Captain Amarinder

Singh, the then Chief Minister of Punjab as testified by PW-19 Shri Simranjit Singh Lang (P.P.S.), Deputy

Superintendent of Police, State Cyber Division, Punjab. The aforesaid FIR was registered on information that

Gurpatwant Singh Pannun, General Counsel of Sikhs for Justice (SFJ), New York, USA had posted a video

on his Facebook page, namely “Khalistan Zindabaad Faridkot” in which he promoted the violent action and

assassination of Captain Amarinder Singh, Chief Minister of Punjab. Video clip revealed Gurpatwant Singh

Pannun targeting the poster of Captain Amarinder Singh, the then Chief Minister of Punjab with bullets.

Procedure of the Mutual Legal Assistance Treaty (“MLAT”) stands initiated between India and USA with

reference to the concerned Facebook accounts and the investigation in the case is underway.

129.

Threat issued by Gurpatwant Singh Pannun against Government of Punjab and Police

personnel

PW-19, Simranjit Singh Lang (P.P.S.), Deputy Superintendent of Police, State Cyber Division,

Punjab with reference to FIR No. 24/2022 dated 02.05.2022, PS: Punjab State Cyber Crime, SAS Nagar,

Punjab testified that aforesaid FIR was registered against Gurpatwant Singh Pannun, General Counsel of

Sikhs for Justice (SFJ), New York, USA since a video was posted on a YouTube channel named ‘US MEDIA

INTERNATIONAL’ by Sikhs for Justice (SFJ), wherein Gurpatwant Singh Pannun is seen promoting violent

action against Government of Punjab and also against the children of police personnel. During investigation,

the concerned video was downloaded on a CD from social media and taken into possession on 22.10.2024.

The investigation in the case is still underway and chargesheet is yet to be filed.

130.

Call issued by Gurpatwant Singh Pannun to Sikh soldiers of Indian Army for not using the

weapons for defending borders of India but to liberate Punjab

PW-19 testified that FIR No. 27/2022 dated 04.06.2022 under sections 131, 132, 135, 153, 153A,

153B, 505(1) and 506 IPC was registered at PS: State Cyber Crime, SAS Nagar (SAS Nagar (Mohali)), SAS

[भाग II—खण् ड 3(ii)]

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259

Nagar, Punjab against Gurpatwant Singh Pannun since he issued a call to Sikh soldiers of Indian Army

through social media to stop defending Indian Borders and to gather at Sri Akal Takht Sahib to join “Khalistan

Referendum”. The video clipping on YouTube was downloaded and exhibited. Mutual Legal Assistance

Treaty (“MLAT”) stands initiated between India and USA with reference to the concerned Facebook accounts

and chargesheet is yet to be filed.

131.

Call made by Gurpatwant Singh Pannun to burn Indian flag and Constitution of India.

(i)

PW-10 Shri Navjot Singh, PPS, Additional Deputy Commissioner of Police, Investigation, Police

Commissionerate, Amritsar with reference to FIR No. 168/2020 dated 02.07.2020, PS: B-Division, District-

Commissionerate Amritsar (Punjab) testified that the said FIR was registered on statement of Loveleen @

Mattu, since a video of Gurpatwant Singh Pannun was circulating online, wherein, he identified himself as

the legal advisor of Sikhs for Justice (SFJ) and propagator of “Referendum-2020” movement, on the

Facebook page of ‘UK Media International’. In the said video, one of associates of Gurpatwant Singh Pannun

is holding a lit torch (Mashaal) and Gurpatwant Singh Pannun makes provocative remarks, urging the

members of Sikhs for Justice to set fire to Indian embassies worldwide. Further, in the video, Gurpatwant

Singh Pannun and his accomplices can be seen setting fire to the Indian National Flag and images of the

Indian Constitution, and also raising slogans in favour of Khalistan urging Sikhs worldwide to align with

their religious identity, rejecting any association with India. Gurpatwant Singh Pannun further claimed that

the Indian Constitution has caused the deaths of countless Sikhs and led to the martyrdom of over 150,000

Singh warriors and more than 10 million Sikhs.

The evidence in the said case strengthens the fact that Gurpatwant Singh Pannun intends to incite

communal discord and disrupt public order across the country. During the course of investigation, a Look-

Out Circular (LOC) was issued against Gurpatwant Singh Pannun on 30.01.2023, and a follow-up LOC

was issued on 29.12.2023. The investigation in the case is still ongoing.

(ii)

FIR No. 43/2022 dated 09.08.2022, PS: GRP Sirsa was registered with reference to uploading of

video on social media on 31.07.2022 showing that Gurpatwant Singh Pannun had threatened the Chief

Minister and Home Minister of Haryana Government, for daring to hoist the tricolor on 15th August. Further,

Pannun promised to pay Rs.1.25 crore to unemployed individuals for joining his campaign. He further

threatened to burn the tricolor in front of trains in Haryana from 13th August to 15th August. A tricolor could

be seen burning on a railway track in the said video. PW-43 Shri Sumit Kumar, Superintendent of Police,

GRP, Ambala Cantt., Haryana testified that during investigation, the call details/tower dump were taken into

possession by IO. However, the accused in the said FIR could not be traced and accordingly, Untrace Report

was filed before the concerned Court.

(iii)

Testimony of PW-21 Smt. Anita Saini, Deputy Superintendent of Police/Admin/GRP/Punjab in FIR

No. 65/2022 dated 11.08.2022 , P.S. Govt. Railway Police, Amritsar (Punjab) reflects that the aforesaid FIR

was registered since a burnt National Flag was found hanging on a tree at KM NO 503/25-27, under over

bridge number 131-A between RLY-STN AMRITSAR-MANAWALA OVER BRIDGE. During the course

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of investigation, a wooden stick was recovered from the place of incident which was taken into possession

and the final report was submitted in the court of JMIC, Amritsar on 18.01.2023 against accused Raman @

Sonu and Lakhwinder Singh @ Lakha. The charge against the accused also stands framed in the said case

vide order dated 06.07.2023.

132.

Video issued by Gurpatwant Singh Pannun inciting religious feelings

Testimony of PW-10 Shri Navjot Singh, PPS, Additional Deputy Commissioner of Police,

Investigation, Police Commissionerate, Amritsar, in FIR No. 04/2024 dated 23.01.2024 reflects that the said

FIR was registered at P.S. Division District Commissionerate against Gurpatwant Singh Pannun, Legal

Advisor of Sikhs for Justice with reference to a viral video on Social Media Platform in which he is seen

speaking against unity and integrity of India and spreading enmity between different groups on the basis of

religion, giving hate speech, creating ill-will, spreading intimidation among the members of different

communities. In the video Gurpatwant Singh Pannun claimed that, “Amritsar foundation was laid down by

Sri Guru Ram Dass ji the last of 15th Century. Therefore, there is no place of Durgiana Mandir in Amritsar

which is made in the year 1920 and it has no any historical importance in the Hindu religion. If the Sikhs

want to act upon the baseless decision of Modi Govt. that the Ayodhya relates to Sri Ram and Mandir was

built forcibly on the place of Babri Masjid. Therefore, Durgiana Mandir should be closed and Keys should

be handed over to Sri Darbar Sahib, Amritsar. The Sikhs did not destroy to any religious place. It is reminded

that the destruction of Gurdwara Gian Godri in Haridwar. Gurdwara of Gawalior of 6th Guru Hargobind

Sahib was changed in the Kali Mata Mandir and Gurdwara Mangu Matt was done buldoze in Odisha.

Therefore it is appealed to the Sikh Youths of Punjab to reach on 26th January at Sri Akal Takhat Sahib for

beginning of Khalistan Referendum Voter.” The investigation in the case is pending.

133.

Other cases relating to painting of Khalistani graffiti or hoisting of Khalistani flags & slogan

writing

(i)

PW-50 testified that FIR No. 116/2022 dated 20.06.2022 was registered at P.S.: City Sangrur since

a Slogan ‘Punjab Hal Khalistan26 January and in English Refrendum 26 January, 2023’ was written with

black paint on the gate and wall of Mahakali Devi Temple Patiala Gate Sangrur. Gurpatwant Singh Pannun

claimed responsibility for the said act in a video which went viral on social media.

(ii)

PW-29 Dr. Vasudha Sood, Sub Divisional Police Officer, Amb Tehsil, District Una, Himachal

Pradesh with reference to FIR No.63/2023 dated 29.11.2023 registered at Police Station Chintpurni, Tehsil

Amb, District Una, Himachal Pradesh stated that the FIR pertains to inscription of “Punjab Zindabad

Shaheed Bhindranwala Zindabad Khalistan Zindabad Himachal Banagaya Khalistan” written with black

ink on the wall of Bhagta Bhai Dharamshala. Investigation revealed that friend of accused Arjinder Singh

alias Jinder had sent Rs.25,000 on 27.11.2023, i.e., 2 days before the incident, through Western Union Money

Transfer to Phool Chand. Further, Gurpatwant Singh Pannun took responsibility for writing pro-Khalistani

slogans in Chintpurni Bazaar on 28th November 2023 through a viral video on social media. Chargesheet is

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

261

stated to have been prepared against accused Phool Chand, Arjinder Singh @ Jinder and Harry and

prosecution sanction u/s 196 Cr.P.C. is awaited.

(iii)

PW-50 Shri Palwinder Singh Cheema also testified that FIR No. 118/2022 dated 27.06.2022 was

registered at P.S.: City Sangrur on basis of secret information received by Inspector Amrik Singh that

Gurpatwant Singh Pannun hatched a conspiracy with mischeivoius persons and got written slogans like

Khalistan Jindabad, SFJ, Khalistan on shutters of closed shops, parked cars, at Namdev Chowk , outer gate

pillars of Water Supply and Sanitation Department, Punjab, gate of Ranbir Club and on the iron board of the

District Rehabilitation of Handicapped Persons Centre. Gurpatwant Singh Pannun further took the

responsibility of writing the said slogans through a video which was uploaded on social media. During the

course of investigation, accused Resham Singh, Kulwinder Singh @ Binder and Manpreet Singh were

arrested. Charge stands framed against said accused and matter is pending at the stage of prosecution

evidence. LoC also stand issued against Gurpatwant Singh Pannun and his land in Amritsar has been attached

by NIA.

134.

FIR No. 77/2022 dated 08.05.2022, P.S. Dharamshala, District Kangra, Himachal Pradesh with

reference to hanging of Khalistani banner along with Vidhan Sabha Tapovan building at

District Kangra.

PW-46 Shri Narayan Singh, Station House Officer (SHO), PS Dharamshala, District Kangra,

Himachal Pradesh deposed that FIR No. 77/2022 dated 08.05.2022, P.S. Dharamshala, District Kangra,

Himachal Pradesh, was registered after yellow Khalistani banners were seen hanging along the main gate

and wall of the Vidhan Sabha Tapovan building. Further, a video was widely circulated on Social Media and

news channels wherein Gurpatwant Singh Pannun took responsibility for affixation of Khalistani flags at the

said spot by members of SFJ. In the said video, a person also talked about the merger of Himachal Pradesh

with the State of Punjab through Referendum on 6th June 2023 and declaring the State of Himachal Pradesh

as Khalistan State. During investigation, accused Harvir Singh and Paramjeet Singh @ Pamma were arrested.

Further investigation revealed that Harvir Singh was an active member of WhatsApp group namely ‘US

MEDIA 13 INTERNATIONAL’ wherein he received messages with instructions to hoist the Khalistan flags

at Vidhan Sabha Tapovan Dharmshala. The accused recorded the act and forwarded the same to an

International number. Chargesheet has been filed in said case and is pending trial.

135.

The following cases further highlight where Khalistani flags were hoisted or Khalistan inspired

graffiti was painted by accused at behest of Gurpatwant Singh Pannun, Chief Protagonist SFJ,

for financial consideration. The responsibility of commission of crime was subsequently taken

by Gurpatwant Singh Pannun by circulating videos on social media platforms:

(i)

FIR No. 18/2023, PS: Special Cell, Delhi Police: As revealed in the testimony of PW1- ACP Ved

Prakash, the case FIR No. 18/2023 under Sections 153B and 120B IPC, PS: Special Cell, Delhi Police,

pertains to pro-Khalistani graffiti that appeared in various locations across Western Delhi, including

Vikaspuri, Janakpuri, Paschim Vihar, Peeragarhi, and Meera Bagh. The graffiti prominently displayed

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[PART II—SEC. 3(ii)]

slogans such as "Khalistan Zindabad", "SFJ", "1984", "Punjab Banega Khalistan", and "Referendum 2020

vote for Khalistan", written in both English and Punjabi. These slogans were designed to promote secessionist

ideologies and disrupt the sovereignty and territorial integrity of India. On 29th January 2023, two accused,

Vikram Singh and Balram Singh, were arrested. Their arrest and subsequent disclosure statements revealed

that they had been directed by Gagandeep Singh, an associate of Gurpatwant Singh Pannun, to paint the

graffiti in Sikh-dominated areas to garner support for the Khalistani movement. Gurpatwant Singh Pannu had

also participated in video calls, giving instructions and promising financial rewards for the activities. The

investigation uncovered that Vikram Singh received Rs. 30,000/- through a money transfer from the United

States, sent by Gagandeep Singh, as payment for carrying out the graffiti work. This financial link was

corroborated with a receipt from a money transfer service. The case is now pending before the trial court,

with charges set to be framed on 17th January 2025.

(ii)

The testimony of PW-38 Manmohan Singh, Assistant Commissioner of Police Headquarters,

Commissionerate Jalandhar pertains to three cases: i.e. FIR No.76 of 2022, PS: Division 3, Commissionerate,

Jalandhar; FIR No.66 of 2022, PS: Cantt., Commissionerate, Jalandhar and FIR No.102 of 2022, PS: Navi

Baradari.

FIR No. 76/2022 Police Station Division No. 3, Jalandhar: FIR No. 76 dated 15.06.2022, Police

Station Division No. 3, Jalandhar, Punjab, revolves around an incident of anti-national graffiti. During the

night of 14-15 June 2022, the police received confidential information that “Khalistan Zindabad” had been

spray-painted on the wall outside the office of Gulshan Sharma in Lakshmipura Mohalla, Jalandhar. The

graffiti, written in Punjabi with black spray paint, was intended to incite separatist sentiments and promote

an anti-national agenda. The investigation led to the arrest of Manjit Singh alias Meet, a resident of Village

Duldi in Patiala, on 12.07.2022. During interrogation, Manjit Singh confessed that on the night of the

incident, he had spray-painted the words “Khalistan Zindabad” on the wall under a streetlight, and recorded

a video of the act. He then forwarded the video to Gurpatwant Singh Pannun and Vikramjit Singh Khalsa,

both based in the USA.

The chargesheet against Manjit Singh stands filed in the Court. Though, the Trial Court discharged

Manjit Singh on 19.04.2023, citing insufficient evidence, co-accused, Gurpatwant Singh Pannun and

Vikramjit Singh, remain at large.

FIR No.66/2022, PS: Cantt., Commissionerate, Jalandhar: This case pertains to anti-national

activities involving the promotion of separatist sentiments through graffiti on a wall of the PAP Complex in

Jalandhar. The graffiti, which read “04 July 1955 26 January Vota Khalistan Zindabad”, was written with

black ink and was part of an effort to incite pro-Khalistani sentiments, disturb peace and harmony, and

promote a secessionist agenda. Soon after, a video went viral on social media, linking the graffiti to

Gurpatwant Singh Pannun, a known Khalistani supporter based abroad. The video claimed responsibility for

the act and highlighted it as part of a broader effort to instigate separatism in India. During the investigation,

a breakthrough came from a related case (FIR No. 102/2022. PS Navi Baradari) in which the accused Raman

alias Sonu confessed to having written the graffiti on the PAP Complex wall in June 2022. He revealed that

he had been instructed by Bikramjit Singh Khalsa, who called him via WhatsApp, and paid him Rs. 40,000/-

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

263

to carry out the act. Raman alias Sonu was arrested on 30 September 2024 in the present case. Raman further

confessed that he had personally written the slogans on the PAP wall and received the promised payment for

his actions. The investigation confirmed the use of encrypted communication platforms like WhatsApp to

plan and execute this anti-national activity.

On 14th August 2024, charge was formally framed against Raman alias Sonu by the concerned court

and the case is at the stage of prosecution evidence.

This case highlights the deliberate use of financial incentives and encrypted communications to carry

out acts aimed at destabilizing public order. It underscores the broader implications of such incidents in

fostering anti-national sentiment.

FIR No. 102/2022, PS: Navi Baradari: On 28 August 2022, Inspector Anil Kumar of Police Station

Navi Baradari, while on duty near Kamal Palace Hotel Chowk, received secret information about graffiti on

the statue of Shaheed Beant Singh, former Chief Minister of Punjab, located at BMC Chowk. The graffiti

read “Khalistan Zindabad Hindustan Murdabad”, intended to incite separatist sentiments and disrupt peace

in Punjab. The secret informer also revealed that the act was allegedly orchestrated by Gurpatwant Singh

Pannun, a known Khalistani supporter based abroad, as part of his broader anti-national agenda to create

Khalistan. A video of the incident, which had gone viral on social media was downloaded, saved onto a pen

drive, and submitted as evidence. The investigation led to the arrest of Raman alias Sonu, Lakhwinder Singh

alias Lakha, and Sam, based on secret information. During interrogation, Raman alias Sonu disclosed that

Lakhwinder Singh alias Hargun had contacted him and offered Rs. 15,000/- in cash, promising an additional

Rs. 7,500/- for writing the slogans on the statue. Raman also revealed that Bikramjit Singh Khalsa had

contacted him via WhatsApp and provided further instructions for the act. For this task, Raman received Rs.

60,000/-, out of which he retained Rs. 30,000/- and distributed Rs. 15,000/- each to the other co-accused.

Chargesheet stands filed in the court of, JMIC, Jalandhar, on 5 December 2022. Later, after obtaining

necessary sanctions, a supplementary chargesheet was submitted on 26 September 2023 in the court. The

court framed charge on 5 February 2024, and the case is currently at the stage of prosecution evidence. This

case also highlights the use of financial incentives, encrypted communications, and social media to execute

coordinated anti-national acts aimed at fostering separatist sentiments and disrupting national harmony.

(iii)

FIR No.207/2023 PS Dehra, District Kangra, Himachal Pradesh: This case pertains to act of

defacement involving the writing of pro-Khalistani slogans on the shutters of a building in Dehra, Himachal

Pradesh. The slogans, such as “SHAH HIMACHAL BANAGAY KHALISTAN” and “SHAHEED BHINDRAN

VALE ZINDABAD KHALISTAN ZINDABAD HIMACHAL BANA GAYA KHALISTAN”, were intended to

incite communal tensions between Hindus and Sikhs, promote separatist ideologies, and disrupt peace in the

region. As is revealed in testimony of PW-45, Sandeep Pathania, Station House Officer (SHO), PS Dehra,

District Kangra, Himachal Pradesh, joint police team from Dehra and Chintpurni arrested Phool Chand, Harry

and Arjinder Singh alias Jinder on 2 December 2023 in Gauraya, District Jalandhar, Punjab. The three

accused had already been arrested in a related case (FIR No. 63/2023 PS Chintapurni) for similar pro-

Khalistani graffiti in Chintpurni Bazaar. Further investigation revealed a financial connection to the incident.

Two days before the graffiti appeared, Rs. 25,000/- was transferred to Phool Chand via Western Union

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[PART II—SEC. 3(ii)]

Money Transfer by a friend of Arjinder Singh alias Jinder. This transfer was confirmed through records

obtained from Western Union. A viral video also surfaced on social media, wherein Gurpatwant Singh

Pannun, General Counsel of Sikhs for Justice (SFJ), claimed responsibility for the slogans. The case is under

investigation.

(iv)

FIR No. 52/2022 P.S. City Rupnagar, Punjab: This case pertains to promotion of pro-Khalistani

propaganda and incitement of separatist sentiment through the use of banner and a viral video. PW-14

Navneet Singh Mahal, Superintendent of Police, (PBI), Rupnagar, Punjab deposed that on 13 April 2022, a

banner with the word “Khalistan” written on it was found tied to trees outside the District Administrative

Complex in Rupnagar, Punjab. Shortly thereafter, a video was made viral on social media by Gurpatwant

Singh Pannun, the head of the banned organization SFJ. In the video, Pannun congratulated the Sikh

community on Khalsa Sajna Diwas and claimed responsibility for the act. He referred to the banner as a

symbolic gesture of the campaign to "free Punjab from Indian governance" and promote the Khalistan

Referendum. The video also included inflammatory rhetoric targeting the Indian government and its

representatives, escalating the act to a broader separatist campaign. During the investigation, two individuals,

Harbir Singh alias Raju and Paramjit Singh alias Pamma, were apprehended. Upon interrogation, the duo

confessed to their involvement. The investigation culminated in the filing of a chargesheet in court. On 5

November 2022, the court formally framed charge against the accused.

(v)

FIR NO.130 of 2022 registered at PS Sadar, Ferozepur: This case pertains to defacement of public

property with pro-Khalistan slogans and the dissemination of inflammatory propaganda by Gurpatwant Singh

Pannun, General Counsel of the banned organization Sikhs for Justice (SFJ). PW-7 Sukhwinder Singh,

Deputy Superintendent of Police, City, Ferozepur, Punjab testified that the incident was reported in

Ferozepur, and revolves around efforts to promote separatist sentiments and disrupt communal harmony. On

13 June 2022, while traveling near Main Chowk Sher Shah Wali, a secret informer stopped a government

vehicle carrying Satwinder Singh, Deputy Superintendent of Police (DSP), Ferozepur and provided critical

information about slogans such as “Sikhs for Justice” and “Khalistan Zindabad” written in black ink on the

walls of the Divisional Railway Manager’s (DRM) office of the Northern Railway, Ferozepur Division. The

slogans were supported by posters promoting similar separatist propaganda. To substantiate the information,

the informer showed a video on his mobile phone, which featured Gurpatwant Singh Pannun, the General

Counsel of Sikhs for Justice, a banned organization. In the video, Pannun claimed responsibility for the

slogans and made provocative remarks targeting public order. He stated that similar graffiti had been scribed

on the walls of the residence of DC Amrit Singh in Ferozepur and declared the act as part of SFJ’s campaign

to promote Khalistan. The inflammatory statements and the use of public spaces to disseminate anti-national

propaganda are clear attempts to incite separatist sentiments and disrupt communal harmony. The

investigation is ongoing.

(vi)

FIR No.118/2022, PS: City Sangrur, Punjab: This case pertains to anti-national activities

involving the defacement of public and private property with pro-Khalistani slogans in various locations in

Sangrur, Punjab, on 27 June 2022. The slogans, such as “Khalistan Zindabad” and “SFJ” (Sikhs for Justice),

were found written with spray paint on shutters of shops, parked cars, gates of public buildings, and other

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

265

structures, including the Water Supply and Sanitation Department and the Ranbir Club. The testimony of

PW-50 Palwinder Singh Cheema, Superintendent of Police, Special Branch-cum-Investigation, Sangrur,

Punjab reveals that the incident came to light when Inspector Amrik Singh, SHO of Police Station City

Sangrur, received secret information that the slogans were part of a conspiracy orchestrated by Gurpatwant

Singh Pannun, the leader of the banned organization Sikhs for Justice (SFJ). Pannun later took responsibility

for the slogans in a video uploaded to social media, where he further propagated pro-Khalistani sentiments.

During the investigation, Resham Singh, Kulwinder Singh alias Binder, and Manpreet Singh were identified

and arrested on 30 June 2022. Chargesheet was filed against the three accused and the case is currently under

trial before the Additional Sessions Judge, Sangrur. Additionally, a Lookout Circular) stands issued against

Gurpatwant Singh Pannun and his land in Amritsar has been attached by the National Investigation Agency

(NIA). The case reflects a coordinated effort to incite separatist sentiment and disrupt public order in Punjab

through targeted propaganda and vandalism.

(vii)

FIR No.89/2022, PS-Dayalpur, District-Bathinda: This case pertains to defacement of property

with pro-Khalistan slogans and the dissemination of inflammatory propaganda by Gurpatwant Singh Pannun.

Testimony of PW-32 Narinder Singh, Superintendent of Police, City, Bathinda reveals that during a morning

inspection at around 7:00 AM on 07.07.2022, police discovered pro-Khalistan slogans written in black ink

on walls and roads around the Dera Salabatpura. The slogans included messages such as “Punjab Hal

Khalistan SFJ”, “Beadbi da hal Khalistan SFJ, Badla Lawange 26 January, referendum one crore”, and

“Khalistan Jindabad, Sri Guru Granth Sahib, Badla Lawange, SFJ”. Shortly after the discovery, a video

surfaced on social media in which Gurpatwant Singh Pannun, claimed responsibility for the slogans. In the

video, Pannun asserted that his associates had written the slogans to promote the Khalistan movement and

provoke communal discord. The content of the slogans and the video are a direct attempt to disrupt peace in

Punjab, advocate for secession, and challenge India's sovereignty. During the investigation, Amrit Pal Singh

alias Amrit Gill, was arrested as accused in the case. The chargesheet named both Amrit Pal Singh and

Gurpatwant Singh Pannun as accused. Lookout Circular (LOC) stands issued against Gurpatwant Singh

Pannun. The case is under trial and underscores the deliberate use of graffiti and digital propaganda by SFJ

to further their secessionist agenda and disrupt societal harmony in Punjab.

(viii)

FIR No.91/2022 PS-Thermal, Bathinda: Testimony of PW-32 Narinder Singh reveals that FIR

No.91/2022 involves defacement of public property with slogans promoting Khalistan and anti-India

sentiments in Bathinda, allegedly orchestrated by Gurpatwant Singh Pannun, Chief of the banned

organization Sikhs for Justice (SFJ). The incident occurred in Bathinda, Punjab, and targeted communal

harmony and public order by inciting hatred among religious groups. On October 2, 2022, Police received

credible information about slogans such as “Hindustan Murdabad,”“Muslim Sikh Bhai Bhai,”“SFJ,” and

“Khalistan-Pakistan Zindabad” being written in black ink on the wall of the Forest Department near Papiha

Palace, Joganand Road. The slogans intended to create communal discord and spread anti-national

propaganda. Subsequently, on October 19, 2022, a second incident came to light regarding additional

Khalistani slogans written under the overbridge on Malout Road, near the Thermal Plant railway tracks. A

video was also circulating on social media, in which Gurpatwant Singh Pannun claimed responsibility for the

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slogans, linking them to the ongoing Interpol Assembly and further propagated anti-India and pro-Khalistan

sentiments. The video features slogans such as “Khalistan Zindabad” and “Hindustan Murdabad”, written

to incite separatism and disturb peace in Punjab. During investigation, Rajwinder Singh and Pritpal Singh

were identified as co-accused and chargesheet was accordingly filed. Efforts to apprehend Gurpatwant Singh

Pannun, believed to be the mastermind behind these activities, are ongoing.

(ix)

FIR No. 13/2023 Police Station Smalsar, District Moga, State Punjab: Testimony of PW-35

Lavdeep Singh Gill, PPS, Deputy Superintendent of Police, Detection, District Moga reveals that on February

27, 2023, slogans such as “Khalistan Zindabad” and “G-20 Foreign Minister, Punjab is not a India” were

found written on the outer wall of Polytechnic College Rode in Moga, Punjab. This led to the registration of

the case. Despite investigation, the accused could not be identified. An Untrace Report has been accordingly

filed.

136.

Terror financing case where money was offered for raising Khalistani flag at India Gate on

Republic Day

PW-1 Shri Ved Prakash, Assistant Commissioner of Police, Special Cell, Southern Range, Saket,

Delhi Police, Delhi testified that FIR No. 28/2021dated 14.01.2021, P.S. Special Cell, Delhi, was registered

on the basis of a secret information that on website www.punjabreferendumcommission.org, SFJ was offering

money for raising Khalistan Flag at India Gate on Republic Day. A copy of an SFJ letter was received from

sources which stated that “SFJ offers USD 250K for raising Khalistan flag at India Gate on R-Day. January

11, 2021, New York.” Further, SFJ called upon the farmers of Punjab who were protesting at Singhu Border

to raise Khalistan Flag at India Gate on January 26 and receive a reward of USD 2,50,000, ahead of India's

72nd Republic Day. SFJ also called upon the farmers to take out a parallel "Kesri" tractor rally in defiance

of India's Republic Day parade to mark their resistance against Government's agricultural reform bills. SFJ

also announced that farmers who will raise Khalistan Flag at India Gate will be provided legal assistance for

resettlement as refugee in United Kingdom. Reference was also made to a non-governmental referendum on

the question of secession of Punjab from India was to be held by SFJ, for which voting was to begin on

August 15 from London, UK. In the aforesaid context, notices were served to social media platforms seeking

details of the registered user. PW-1 further stated that request seeking mutual legal assistance from US based

social media platform is still awaited and further proceedings as per law would be taken upon receiving

information.

137.

Cases of unlawful activities obstructing the holding of G-20 Summit by Gurpatwant Singh

Pannun in the name of Khalistan movement

(i)

PW-51 Shri Varun Singla, Superintendent of Police, Kurukshetra, Haryana deposed that FIR No.

81/2023 dated 05.04.2023 Police Station-Ismailabad, Kurukshetra was registered at instance of EASI Lakha

Singh, who stated that holding of G-20 Summit in the month of February in Delhi and Gurugram was

protested on social media by Gurpatwant Singh Pannun, Chief of Sikhs for Justice. Gurpatwant Singh Pannun

[भाग II—खण् ड 3(ii)]

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267

uploaded videos and exhorted for placing of banners, flags etc. Further, on 05.04.2023, it was found that

someone had written in English on the wall of flyover, NH 152-D, “KHALISTAN WELCOME G-20 IN

DELHI. A video was also issued by Gurpatwant Singh Pannun wherein he spoke about KHALISTAN

WELCOME G-20 IN DELHI. During investigation, accused Malak Singh was apprehended who disclosed

in his disclosure statement that the act had been done on instructions of Gurpatwant Singh Pannun and he

received Rs.20,000/- as consideration for painting the slogan, out of which Rs.2,000/- was recovered from

almirah of his house. After filing of chargesheet, charge has been framed against the accused in the said case.

(ii)

PW-10 Navjot Singh, Additional Deputy Commissioner of Police, Investigation, Police

Commissionerate, Amritsar, Punjab, testified that FIR No. 23/2023 dated 07.03.2023 was registered at PS-

Verka, District-Commissionerate Amritsar, Punjab against Gurpatwant Singh Pannun, Attorney-cum-

General Counsel for Sikhs for Justice (SFJ) for circulating a video wherein he is seen making provocative

statements like “Punjab is not a part of India” and announced plans to disrupt train services on March 15 and

16. Gurpatwant Singh Pannun also claimed hoisting of Khalistan flag at Verka Bypass in Amritsar in protest,

coinciding with the G-20 summit being held in the city. A banner with the message “G-20 welcome to

Khalistan” was displayed, reiterating the claim that “Punjab is not India”. In the aforesaid video, Gurpatwant

Singh Pannun also warned that train stations at Amritsar, Ludhiana, Bathinda and Firozpur will be shut down

on March 15 and 16 to send a message that “Punjab is not part of India.” and asserted that SFJ supporters

present at Verka Bypass in Amritsar will confront the G-20 delegates during their visit on those dates,

chanting, “Long live Khalistan. During investigation, a yellow banner containing provocative messages,

including “G-20 welcome to Khalistan,” “Punjab is not India,” and an appeal to stop train services on March

15-16 was recovered which formed concrete evidence to corroborate that Gurpatwant Singh Pannun and his

associates were involved in illegal activities, inciting the people of Punjab to support the Khalistan movement

and to disrupt train services during the G-20 summit. The investigation in the aforesaid FIR is underway.

(iii)

PW-43 Shri Sumit Kumar, Superintendent of Police, GRP, Ambala Cantt., Haryana with reference

to FIR No. 48/2023 dated 05.09.2023 registered at PS: GRP, Kurukshetra deposed that a video clip was

circulated wherein Gurpatwant Singh Pannun, Incharge SFJ advocated writing of slogans in respect of

Khalistan. Further, LSI Parvinder Kaur informed that slogan had been written in Punjabi ‘G-20 (Punjab India

da hissa nahi)’, ‘G-20 Punjab is not India’, ‘SFJ’ in English ‘Gurpatwant Singh Punnu SSJ-IAISFJ’ on walls.

Accused Malak Singh arrested in another FIR No.705/2023 P.S. Kashmere Gate discharged and admitted his

involvement and was accordingly was named as accused. After filing of chargesheet, charge is stated to have

been framed against the accused and trial is pending at the stage of prosecution evidence.

138.

Cases of hoisting of Khalistani banners and financing

As revealed in testimony of PW-37 Shri Lavdeep Singh Gill, PPS, Deputy Superintendent of Police,

Detection, District Moga, Punjab, FIR No. 398/2022 dated 28.07.2022 registered at Police Station-Baldev

Nagar, Ambala involves hoisting of banner at M.T. Crossing, Air Force Station Road. A banner with the

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[PART II—SEC. 3(ii)]

words “HARYANA BANEGA KHALISTAN-REFRENDUM VOTING 26th JANUARY” along with a

religious sign was recovered during investigation. Harvinder Singh @ Prince and Prem Singh @ Ekam who

were already in custody in another FIR were named as accused in the said FIR on the basis of their disclosure

that they had put up the banner on instructions of Gurpatwant Singh Pannun . They further disclosed that

they received banner from one Harsh who is leader of the Khalistani movement and an admin of a WhatsApp

group created by Gurpatwant Singh Pannun. Further, Accused Prem Singh @ Ekam also received an amount

of Rs.25,000/- from Gurpatwant Singh Pannun for hoisting Khalistani banners. Chargesheet stands filed and

charge has been framed against the accused. The case is pending at the stage of prosecution evidence.

123.

(i) Testimony of PW-13 Shri Vaibhav Sehgal, PPS, Superintendent of Police, Investigation,

Malerkotla, Punjab, with reference to FIR No. 107/2022 dated 01.05.2022 registered at Police Station

Malerkotla reveals that aforesaid case was registered since a saffron colour flag (with logo of ‘Khanda’) and

a saffron cloth banner on which ‘Punjab Hall Khalistan, Khalistan Jindabad’, written in Punjabi, was found

to be hoisted on the wall of Nirankari Bhawan, Malerkotla, side gate of DC Office, Malerkotla by some

unknown person. During investigation, accused Happy was arrayed as an accused, who disclosed that he had

committed this offence on the intervening night of 28/29.04.2022 and was also going to install similar flags

and banners which are available in his house. Charge against the accused stands framed vide order dated

01.10.2022 and the case is pending at stage of recording of prosecution evidence.

(ii)

PW-21 Smt. Anita Saini, Deputy Superintendent of Police/Admin/GRP/ Punjab deposed that FIR

No. 62/2023 dated 05.09.2023 was registered at P.S. GRP, Bhatinda since a Red Colour Flag had been furled

by unknown person on the track of the railway line with word “Khalistan” inscribed on the said Flag with

black letters. During investigation, the said flag was produced by Station Superintendent and was taken into

custody vide recovery memo dated 05.09.2023. The case is still under investigation.

(iii)

PW-09 Shri Paramjit Singh, No. 170/INT, Inspector Counter Intelligence Bathinda, deposed that

FIR No.233/ 2023 dated 03.12.2023 was registered at P.S. Canal Colony, Bhatinda, on information that

Harmanpreet Singh and Lovepreet Singh, who were active members of Sikhs for Justice (SFJ) had allegedly

planned to write Khalistani and SFJ slogans on public buildings. In a joint operation, suspects were

apprehended and three spray cans along with a piece of saffron cloth displaying "Khalistan Zindabad" and

"SFJ" written in black spray paint, were recovered. During the course of investigation, accused admitted to

having established contact with Jagjeet Singh, associated with SFJ, via Twitter in August 2023, and acting

on his directives, they hoisted a Khalistan flag under a bridge in Bathinda on 15th August 2023; wrote

Khalistan slogans at Hanumangarh Railway Station in Rajasthan on 23rd October 2023; wrote "Khalistan

Zindabad" and "SFJ" slogans at Bhandari Bridge Railway Station, Amritsar on 28th November 2023, and

Lovepreet Singh wrote slogans in Dharmshala, Himachal Pradesh on 3rd October 2023. During investigation,

the accused further disclosed that they received monetary compensation from Jagjeet Singh through Western

Union for their activities. The investigation in the case is still pending.

(iv)

PW-51 Shri Varun Singla, Superintendent of Police, Kurukshetra, Haryana, deposed that FIR

No.229/ 2022 dated 29.04.2022 was registered at P.S. Thanesar City, Kurukshetra since outside residence of

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

269

DSP, a white sheet was hung with “KHALISTAN” written on it in Punjabi. During investigation, it was

revealed that a similar case was registered in Dharamshala, Kangra, Himachal Pradesh vide FIR No.77/ 2022

wherein accused Paramjit Singh and Harveer Singh therein had made a disclosure statement that they had

pasted a Khalistani banner in Kurukshetra. Accordingly, production warrants were issued since accused were

lodged in Kangra Jail, Himachal Pradesh. Later on, accused Paramjit Singh and Harveer Singh made a

disclosure statement dated 30.05.2022. During course of investigation, accused further identified the place

of incident wherein the banner was put up at instructions of Gurpatwant Singh Pannun and also identified the

recovered sheet on which “KHALISTAN” was written as deposited in Malkhana. Further, accused Harveer

Singh also took the Police party to Krishna Talls Agency (Shop) and identified the same from where the

bedsheet and spray paint were purchased. Chargesheet in the said case stands filed on 25.07.2024, but the

investigation in respect of Gurpatwant Singh Pannun is pending. The case is pending trial before the

concerned Court at Kurukshetra.

(v)

PW-47 Shri Ram Swroop Thakur, Station House Officer (SHO), PS Shimla West (also referred to

as PS Boileauganj), District Shimla, Himachal Pradesh, deposed that FIR No.221/2022 dated 08.09.2022

was registered at P.S. Shimla West, Himachal Pradesh since a yellow cloth with logo inscribed with

“KHALISTHAN” was found hanging on the main gate of Jal Shakti Bhawan. During investigation, it was

revealed that one Raman @ Sonu and Sam, who were arrested by Punjab Police in FIR No.102/2022 dated

08.08.2022 registered at Police Station: Navi Bradari, Jalandhar, disclosed that on 05.09.2022, they had

travelled to Shimla and hoisted the flag of Khalistan on the main gate of Jal Shakti Bhawan, Tutikandi. Since

both the accused were in judicial custody at Central Jail Kapurthala in Punjab, production warrants were

obtained from the Competent Court and the accused were formally arrested on 12.01.2023. Further, accused

Raman @ Sonu made a disclosure statement regarding hoisting of flag and making of video with his mobile

phone which he had sent to a person named Vikramjit in America, with whom he used to talk on WhatsApp

call. Chargesheet in the said case stands filed against accused Raman @ Sonu and Sam and the case is pending

trial before CJM, Shimla.

124.

(i) PW-40 Shri Harwinder Pal Singh, DSP/SSOC/Amritsar with reference to FIR No. 03/2019

registered at PS- SSOC/Amritsar deposed that FIR was registered on secret information that Baljit Singh,

Jagdev Singh @ Jagga and Manjit Singh have procured arms and ammunition illegally to give effect to

criminal activity and were seen roaming near City Centre market at backside of Sangam Cinema. Accused

Baljit Singh, Jagdev Singh @ Jagga and Manjit Singh were apprehended and on personal search, 02 Pistols

0.32 bore along with 03 Magazines and 14 live cartridges were recovered from their possession. The accused

could not provide any legal documents, permit or licence for possessing the arms and ammunition. Charge

under the Arms Act against the accused was accordingly framed and investigation under Section 173(8)

Cr.P.C. with regard to offences under UAPA is still in progress.

(ii)

PW-36 Shri Jasbir Singh, Superintendent of Police, Special Branch, District Patiala deposed that

FIR No.148/2022 dated 15.07.2022, Police Station Lahori Gate, District Patiala, was registered on statement

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[PART II—SEC. 3(ii)]

of ASI Babu Lal, who stated that on 14.07.2022, while he was on duty, a yellow-colored banner was seen

pasted at the backside of Sri Kali Mata Temple, Patiala whereupon words "SFJ" and "HUL KHALISTAN

REFERENDUM 26 JANUARY” were printed with black ink. During the investigation, statement of

Ashutosh Gautam, General Secretary of Hindu Suraksha Samiti and member of Veer Haqiqat Rai Sabha was

recorded, who reached the spot when the police were removing the said poster. He stated that Harwinder

Singh @ Prince along with Prem Singh @ Ekam had pasted the said banner on the backside of temple on the

intervening night of 14/15.7.2022. On the basis of aforesaid statement, accused Harwinder Singh @ Prince

and Prem Singh @ Ekam, were arrested. During the course of investigation, it was found that the accused

had taken photographs and sent them to Gurpatwant Singh Pannun through Whatsapp, who in turn made

video of the same viral on social media. In the said video, Gurpatwant Singh Pannun is seen stating that “Sikh

for justice is sending message to newly elected Bhagwant Mann, Chief Minister of Punjab and Director

General of Police, Punjab Gaurav Yadav, that today the Punjab for Khalistan Referendums have pasted flag

of Khalistan outside the Sri Kali Mata Devi, Patiala. The hands that are pasting Khalistan Flag, they know

now how to tackle the situation and also very well know how to use rocket. SFJ has assigned referendum in

those hands, who know how to use rocket, if you do not stop registering FIR against SFJ Workers, they can

use rockets. This message is of Gurpatwant Singh Pannu”. Further, 14 similar banners were recovered from

the motorcycle of the accused. Offences under Section 153-B, 120-B IPC and Sections 13 and 18 of Unlawful

Activities (Prevention) Act were added on 20.07.2022 and Gurpatwant Singh Pannun was also nominated

(named) as an accused in this case. During investigation, it was found that accused Harwinder Singh @ Prince

was in regular touch with Gurpatwant Singh Pannun and both the accused had received Rs.25,000./- from

Gurpatwant Singh Pannun. Chargesheet has been filed in the said case and further proceedings for declaring

Gurpatwant Singh Pannun as a proclaimed offender have been initiated.

139.

In the following cases Gurpatwant Singh Pannun further used cyber space and electronic

means to radicalize gullible youth and spread threats by sending pre-recorded audio messages:

(i)

PW-1 Ved Prakash, Assistant Commissioner of Police, Special Cell, Southern Range, Saket, Delhi

Police, Delhi with reference to FIR No. 06/2022, PS Special Cell, Delhi testified that the case pertains to

members of the Supreme Court Advocates-on-Record Association (SCAORA) wherein a series of pre-

recorded threatening voice calls were received from an international number (+447418365564). The calls

were attributed to Gurpatwant Singh Pannun, General Counsel of the banned organization Sikhs for Justice

(SFJ).In these messages, Pannun claimed responsibility for the blockade of the Prime Minister’s convoy in

Firozpur, Punjab, on January 5, 2022, which had raised serious security concerns nationwide. Using

threatening language, the caller warned Hon’ble Judges of the Supreme Court to refrain from involvement in

legal proceedings related to the security breach incident. Investigation reveals that the calls had originated

from outside India. Telecommunication data from Nexmo, a US-based telecom service provider, confirmed

that the numbers used in the calls were associated with SFJ, USA. Recordings of the calls were analyzed by

the Central Forensic Science Laboratory (CFSL), Delhi, which confirmed that the voice in the calls matched

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

271

that of Pannun, based on a comparative sample from an interview he had given to a media outlet. The case

remains open, with authorities actively pursuing international assistance and further evidence to advance

proceedings against the accused.

(ii)

PW 2 Sanjay Dutt, Assistant Commissioner of Police, Special Cell, South Western Range,

Janakpuri, Delhi Police, New Delhi deposed with reference to FIR No. 314/2024 and FIR No. 315/2024

both registered at PS Special Cell, New Delhi.

FIR No.314/2024 pertains to threatening prerecorded voice notes sent to two Members of Parliament

(Rajya Sabha) from Kerala, allegedly by Gurpatwant Singh Pannun, General Counsel of the banned

organization Sikhs for Justice (SFJ). The incident on July 21, 2024, involves direct threats to Indian

parliamentary institutions and Members of Parliament, with a call to action promoting the Khalistan

referendum agenda. The prerecorded note was sent for forensic analysis to compare the voice with recordings

of Gurpatwant Singh Pannun from his previous public interviews. A letter was also sent to Interpol to trace

the origin and user of the international number (+447418603423), while parallel efforts were launched to

identify the user of the Indian mobile number. The investigation in the case is ongoing.

FIR 315/2024 pertains to a prerecorded voice message, received on the landline number at the official

residence of the Defence Minister of India which proclaimed that SFJ intended to bombard the Indian

Parliament and the Red Fort area with messages supporting the Khalistan referendum. The message alleged

that Sikhs were facing existential threats under Indian governance and warned Members of Parliament to stay

home if they did not want to "experience" the Khalistan referendum. The investigation is ongoing.

(iii)

PW 26 Siddhant Jain, Superintendent of Police, Dabwali, Haryana deposed with reference to FIR

No. No. 137/2020, P.S. Bhondsi, Gurugram, FIR No. 45/2021, P.S. Cyber Crime, Gurugram and FIR No.

52/2021, P.S. Cyber Crime, Gurugram, which again relate to misuse of cyberspace and electronic means to

radicalize gullible youth and spread threats by sending pre-recorded audio messages:

FIR No. 137/2020, PS Bhondsi, Gurugram, revolves around a pre-recorded audio-video message

circulated online, allegedly by Gurpatwant Singh Pannun, General Counsel of the banned organization Sikhs

for Justice (SFJ). In the message, Pannun accused people of Haryana and government of being hostile towards

Sikhs and Punjabis, with the intent to create communal discord and provoke animosity. The original source

of the message could not be identified and on November 29, 2023, an Untrace Report was prepared.

FIR No. 45/2021, PS Cyber Crime, Gurugram, pertains to another audio-video message circulated

online, which is attributed to Gurpatwant Singh Pannun. In the message, Pannun accused people of Haryana

and government of acting against Punjab’s interests. Apparently, the intent is to incite hostility, spread

separatist propaganda, and promote the Khalistan agenda. However, the accused could not be identified and

an untrace report was filed on December 16, 2023.

FIR No. 52/2021, PS Cyber Crime, Gurugram, involves another audio-video message allegedly

issued by Gurpatwant Singh Pannun, accusing Haryana government and people of working against interests

of Punjab. The message aims to provoke discord and further the Khalistan movement. The accused could not

be traced, and an untrace report was filed on December 16, 2023.

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[PART II—SEC. 3(ii)]

(iv)

PW-19 Simranjit Singh Lang (P.P.S.), Deputy Superintendent of Police, State Cyber Division,

Punjab with reference to FIR No. 12/2020, PS: Punjab State Cyber Crime deposed that FIR was registered

on secret information that Gurpatwant Singh Pannun is actively pursuing the secessionist and anti national

agenda through social media during COVID-19 pandemic. The concerned videos were downloaded on CD

Exhibit PW-19/P2 along with screenshots of Facebook account Exhibit PW-19/P4. To trace the origins and

activities of the associated Facebook accounts, the Mutual Legal Assistance Treaty (MLAT) process was

initiated between India and the USA and the case is under investigation.

(v)

PW-24 Rajesh Kumar Mohan, Assistant Superintendent of Police, Hisar, Haryana with reference to

FIR No. 31/2022, PS: Cyber Crime, Police Station, Hisar deposed that FIR was registered on a complaint

that video with the thumbnail “Khalistan Flag Raised – Rail Clippers Removed – Rajiv Gandhi Thermal

Plant Haryana – 15 August – Plunge India to Darkness.” was being circulated on social media. In the video,

Gurpatwant Singh Pannun, Chief of Sikhs for Justice (SFJ), claimed responsibility for sabotaging railway

tracks near the Rajiv Gandhi Thermal Plant in Haryana. Since the accused could not be traced, a Special

Investigation Team (SIT) was subsequently formed by the then Superintendent of Police, Hisar, to continue

the investigation.

(vi)

PW-30 Dr. Amar Singh, Inspector, officiating SHO, PS: Cyber Crime, CID, Shimla deposed with

reference to FIR No. 04/2021, PS: Cyber Crime, CID, Shimla. This case pertains to threatening calls and

audio messages allegedly sent by Gurpatwant Singh Pannun, General Counsel of the banned organization

Sikhs for Justice (SFJ). The messages intended to disrupt Independence Day celebrations on August 15, 2021,

in Himachal Pradesh, by threatening the then Chief Minister Jai Ram Thakur and other political figures. The

content of the messages advocated for the Khalistan agenda and sought to prevent the hoisting of the Indian

Tricolor. Pannun claimed Himachal Pradesh was historically a part of Punjab and would be included in

Khalistan after Punjab's "liberation." Farmers and pro-Khalistan supporters were called upon to bring tractors

to stop the Chief Minister from hoisting the national flag. He also threatened the BJP President Shri J.P.

Nadda and warned people to stay indoors on Independence Day, as the Khalistan movement would disrupt

celebrations. The State Forensic Science Laboratory (SFSL) report confirmed that the questioned voice in

the threatening audio messages matched the admitted voice of Pannun. A Final Report/Untrace Report has

been prepared and filed before the concerned Court, which is pending consideration.

(vii) PW 31 Pranab Kumar Pegu, Additional Superintendent of Police, STF Assam, Guwahati testified

with reference to FIR No. 02/2023 and FIR No. 03/2023, both registered at Police Station Special Task

Force (STF), Assam, District- Kamrup (M), Assam.

FIR No. 02/2023 pertains to a threatening audio message (Exhibit PW-31/P9) allegedly circulated by

Gurpatwant Singh Pannun, Chief of the banned organization Sikhs for Justice (SFJ). The audio message was

disseminated widely on social media and news channels, promoting secessionist activities and issuing a life

threat to the Chief Minister of Assam, Dr. Himanta Biswa Sarma. The audio message declared SFJ's objective

of separating Punjab from India and re-establishing Khalistan. It called on Sikhs to fight against the Indian

State and revive the terrorist activities of the 1980s and 1990s. The message explicitly warned Dr. Himanta

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273

Biswa Sarma, accusing his government of torturing and harassing Sikhs and held him personally accountable

for such actions. The FIR is still under investigation.

FIR No. 03/2023 pertains to a threatening audio message allegedly circulated by Gurpatwant Singh

Pannun. The message, which went viral on social media and news channels, contains secessionist

propaganda, threats against public figures, and calls for anti-India activities. The message specifically names

Dr. Himanta Biswa Sarma, Chief Minister of Assam, accusing him of allying with enemies of Khalistan and

holding him accountable for actions against pro-Khalistan Sikhs. It also includes a threat to hold Hon’ble

Prime Minister, Shri Narendra Modi accountable during his visit to Sydney, Australia, on May 23, 2024, for

alleged crimes against pro-Khalistan Sikhs. Pannun further calls for the liberation of Punjab and dismantling

of the Indian political system. Reference is also made by him to other incidents, including assassinations of

ex-Punjab CM, Shri Beant Singh and former Prime Minister, Smt. Indira Gandhi, to bolster the Khalistan

narrative. Pannun urges the imprisoned Sikhs in Dibrugarh to commemorate April 29 as Khalistan

Declaration Day by raising slogans such as “Khalistan Zindabad.” The investigation in the case is still

underway.

(viii) PW 40 Harwinder Pal Singh, DSP/SSOC/Amritsar deposed with reference to FIR No. 6/2020

registered at SSOC/AMRITSAR. He testified that the case pertains to a pre-recorded audio message (Exhibit

PW-40/P8) allegedly sent by Gurpatwant Singh Pannun, General Counsel of the banned organization Sikhs

for Justice (SFJ). The message was sent from an international number (+18336101020, originating from

North America) to DSP Rakesh Kumar Yadav. It sought to incite unrest among Punjab’s youth and promote

separatist sentiments during the COVID-19 lockdown. The message alleged that the Central and Punjab

Government were using the lockdown as a means to "torture" Punjab’s youth. It called for secession of Punjab

from the Union of India, advocating the Khalistan agenda. The message was aimed at exploiting the

vulnerabilities of Punjab’s youth during the COVID-19 pandemic, fostering unrest and anti-government

sentiments. During the investigation of the case, Pannun has been declared a proclaimed offender and

chargesheet is yet to be filed.

(ix)

PW 42 Jitendra M. Yadav, Deputy Superintendent of Police, Sabarmati Central Jail, Ahmedabad,

Gujarat testified with reference to FIR No. 11191067230030/2023 and FIR No. 11191067230127/2023, both

registered at PS: Cyber Crime, Ahmedabad City.

PW-42 testified that FIR No. 11191067230030/2023, pertains to threatening pre-recorded voice

messages allegedly disseminated by Sikhs for Justice (SFJ) and attributed to its General Counsel, Gurpatwant

Singh Pannun. The case revolves around these messages, which threatened disruption and posed a security

risk ahead of the India-Australia Test Match at the Narendra Modi Cricket Stadium in Ahmedabad on March

9, 2023. The voice messages claimed that Pro-Khalistan Sikhs would storm the stadium, raise Khalistan

flags, and disrupt the event. The messages included warnings to Gujarat residents to stay home to avoid harm

and stating that a clash between pro-Khalistan groups and Indian police was imminent. The messages accused

Hon’ble Prime Minister, Shri Narendra Modi of responsibility for the deaths of Sikh farmers in Punjab and

Muslims during the 2002 Gujarat riots. The messages openly advocated for Khalistan, declaring that

Khalistan flags would be installed at the stadium as a demonstration of the movement’s reach and intent.

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Investigation revealed that Rahul Kumar ran an illegal GSM Gateway setup for relaying Voice Over Internet

Protocol (VOIP) calls, including the threatening pre-recorded voice clips. Narendra Kumar Kushwaha –

childhood friend of Rahul Kumar was a co-conspirator in the illegal VOIP business and assisted in setting up

and operating GSM Gateways for transmitting the voice messages. Ummed Ansari was engaged in running

an illegal GSM Gateway after responding to a work-from-home job post on Facebook and he received

equipment from a person named Ahmed in Dubai and relayed the threatening messages through his setup.

Mashid Khan further operated illegal GSM Gateways from his house in Bhiwandi, Maharashtra, installed by

absconding accused Abu Bakar Shakil Ahmed Qureshi. The setup included multiple GSM Gateways, routers,

SIM cards, and other equipment used for transmitting the calls. Further Mohammad Sahid was involved in

operating a GSM Gateway setup for VOIP calls and played a role in transmitting the voice clips.

Rahul Kumar, Narendra Kumar, Ummed Ansari, Mashid Khan and Mohammad Sahid aree stated to

be in custody.

In addition, Gurpatwant Singh Pannun is identified as the originator of the threatening voice

messages and has been declared absconding co-accused in the chargesheet, Mohsin and Abu Bakar Shakil

Ahmed Qureshi are also named as co-accused and are yet to be apprehended.

(x)

With reference to FIR No. 11191067230127/2023, PW-42 deposed that this case arose since several

persons in Ahmedabad reported receiving a threatening pre-recorded audio message from an international

number (+447418343648), ahead of India-Pakistan World Cup match at the Narendra Modi Stadium on

October 5, 2023. The audio message, attributed to Gurpatwant Singh Pannun, General Counsel of Sikhs for

Justice (SFJ), declared that the event would not mark the beginning of the World Cricket Cup but the start of

a "World Terror Cup." The message threatened to storm Ahmedabad with Khalistan flags and take revenge

in retaliation to assassination of Shaheed Nijjar. The threatening tone and timing of the message was intended

to disrupt the international sporting event and instill fear among the public. During investigation, it was

revealed that the calls were routed through International Long Distance (ILD) carriers operated by Quickom

Telecom Limited (Hong Kong) and Dexatel OU (Estonia). Despite technical analysis, no further details about

the user of the phone number could be obtained and Final Report was accordingly filed in court on April 3,

2023.

(xi)

PW-44 Manoj Kumar Katyal, Additional Superintendent of Police, PTC, Narendra Nagar,

Uttarakhand deposed with reference to FIR No. 299/2018 PS: Khatima, District: Udham Singh Nagar and

FIR No. 134/2023, PS: Ramnagar, District-Nainital, Uttarakhand.

FIR No. 299/2018 pertains to the alleged misuse of cyberspace by members of the banned

organization Sikhs for Justice (SFJ) to promote pro-Khalistani propaganda. The FIR was initiated on

information that SFJ is radicalizing youth in Sikh-populated areas of Village Jadhopur, Khatima, through

WhatsApp and social media platforms. Investigation revealed that Harjeet Singh @ Bobby Bhinder, the

admin of a WhatsApp group named ‘20-20 Khalistan Referendum,’ had been actively involved in promoting

Khalistan ideology. The group, created on June 3, 2016, contained 40-50 members and shared content linked

to secessionist activities. It was further revealed that Kulwinder Singh was the Creator of the WhatsApp

Group and had also created the ‘20-20 Khalistan Referendum’ group on June 3, 2016 and was inspired by

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

275

videos sent to him via WhatsApp from the Chief Organizer of an Active Sikh Organization linked to the 1984

riots. He used these materials to propagate Khalistan-related ideologies. The screenshots of WhatsApp group

Exhibit PW-44/P21 along with mobile phones recovered from accused vide Exhibit PW-44/P26 corroborate

the Khalistan agenda of SFJ. Both accused were arrested and are facing trial. The charge has been framed

against the accused.

PW-44 further deposed that FIR No. 134/2023 pertains to threatening pre-recorded audio messages

Exhibit PW-44/P8 allegedly disseminated by Gurpatwant Singh Pannun, General Counsel of Sikhs for

Justice (SFJ), which were received by SHO Ramnagar. The messages claimed Ramnagar as part of Khalistan

and threatened to disrupt the G-20 Conference, scheduled from March 28 to March 30, 2023, by raising

Khalistan flags at prominent locations, including the airport and railway station. The messages asserted that

Ramnagar is Khalistan and threatened to raise Khalistan flags during the summit. The audio warned Chief

Minister of Uttarakhand, holding him accountable for actions against Sikhs in Uttarakhand and liberation of

Punjab. The investigation in the case is ongoing.

(xii) PW-48, Pramod Kumar Mishra, Deputy Superintendent of Police, Hatia, Ranchi, Jharkhand

testified with reference to FIR No. 69/2024 PS: Dhurva, Ranchi. He deposed that this case pertains to a video

allegedly uploaded on YouTube by Gurpatwant Singh Pannun, General Counsel of Sikhs for Justice (SFJ).

The video called upon the banned organization CPI (Maoists) to disrupt the India-England cricket test match

scheduled at JSCA Stadium, Ranchi, from February 23 to 27, 2024. The video contained threats aimed at the

Indian Cricket Team Captain, Rohit Sharma, and England Cricket Team Captain, Ben Stokes, intending to

instill fear among the public, disrupt the match, and tarnish India’s image internationally. The video called

for joint actions by SFJ and CPI (Maoists) to create disturbances in Jharkhand and Punjab. Direct threats

were made to the cricket players namely Rohit Sharma and Ben Stokes, escalating fears of violence at the

match venue. The actions were designed to harm India’s reputation on an international platform, disrupt a

globally viewed sporting event, and cause financial losses to the Government of India and BCCI. The case is

under investigation.

(xiii) PW-49 Talwinder Singh Gill, Deputy Superintendent of Police (Detective), SAS Nagar, Punjab

testified with reference to FIR No. 43/2020, PS: Sadar Kurali. He deposed that the case concerns the

dissemination of automated pre-recorded audio messages attributed to Gurpatwant Singh Pannun, General

Counsel of Sikhs for Justice (SFJ). These messages called for the secession of Punjab from India and sought

to incite Sikh personnel in the Indian Armed Forces to abandon their duties. Pannun urged Sikh soldiers not

to sacrifice their lives for India, alleging that the country has committed genocide of Sikhs. He offered

monetary incentives, including salary equivalent to their army pay and an additional ₹5,000, as a lure to leave

the armed forces. The timing of these messages, coinciding with national mourning over the loss of soldiers

in the Galwan Valley has been seen as an attempt to mock their sacrifices and sow disaffection among Sikh

soldiers. Pannun also circulated letters and messages thanking China for supporting SFJ’s Referendum 2020

and called for voter registration to begin on July 4, 2020. Additionally, an unidentified female caller, claiming

to be from China and supporting SFJ, urged Punjabis to participate in the referendum and alleged that India

was destroying the Sikh religion. The investigation revealed that SFJ, a US-based banned organization, was

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[PART II—SEC. 3(ii)]

engaged in activities aimed at destabilizing India's peace, unity, and territorial integrity by exploiting social

and religious sentiments. Pre-recorded audio messages and a video (Exhibit PW-49/P15) inciting Sikh

personnel were seized as evidence. The case is under investigation.

(xiv) PW-51 Varun Singla, Superintendent of Police, Kurukshetra, Haryana deposed with reference to

FIR No. 597/2020, PS: Thanesar City, District Kurukshetra. PW-51 testified that this case was based on a

secret information about pre-recorded calls from the USA containing messages from Gurpatwant Singh

Pannun, General Counsel of Sikhs for Justice (SFJ). The message claimed that Haryana is part of an

independent Punjab following a so-called referendum and blamed the Haryana government and its people for

acting against the interests of Sikhs and Punjabis. In the recording, Pannun asserted that Haryana would be

integrated into an independent Punjab, giving the people of Haryana the choice to join Punjab or move to

other parts of India. He also incited Sikhs in Haryana to participate in the referendum and encouraged voter

registration at Gurudwara 6th Patshahi, Kurukshetra, on July 11, 2020. Efforts to trace the origin of the pre-

recorded messages did not succeed and consequently, an Untrace Report was prepared with the provision

that the investigation would be reopened if any new evidence or information emerges in future.

140.

Cases of pro- Khalistani graffiti painted on multiple public premises.

(i)

Testimony of PW-02 Shri Sanjay Dutt, Assistant Commissioner of Police, Special Cell, South

Western Range, Janakpuri, Delhi Police, New Delhi in FIR No. 697/2023 dated 28.08.2023, P.S. Nangloi,

New Delhi reflects that aforesaid case was registered shortly before the G-20 Summit in India, since several

instances of pro-Khalistani graffiti were discovered at multiple locations i.e. on the wall of Surajmal Stadium

and Wall of the Rajkiya Sarvodaya Kanya Vidhalaya, Nangloi, New Delhi. The graffiti included slogans such

as "KHALISTAN ZINDABAAD" and "KHALISTAN IS OPINION NOT TERRORISM SFJ". During

investigation, two suspects, Pritpal Singh and Rajvinder Singh @ Kala were arrested on 31.08.2023, by the

Special Cell team of Janakpuri, New Delhi, who admitted their involvement in painting the pro-Khalistani

slogans at various locations in Delhi on 26.08.2023. Further, they stated that they carried out this act on the

instructions of Gurpatwant Singh Pannun, leader of Sikhs for Justice (SFJ), who paid them INR 2,00,000/-

for the task. During search of accused Pritpal’s residence, ₹2 lakh in cash was recovered which allegedly was

received from SFJ Leader Gurpatwant Singh Pannun. During course of the investigation, analysis of mobile

phone of accused Pritpal revealed various chats, videos and audio notes exchanges between him and

Gurpatwant Singh Pannun via Signal App. Further, a contact saved in Pritpal’s phone, labelled as "NRI

Pannu," was identified as Gurpatwant Singh Pannun. Chargesheet against accused Pritpal Singh and

Rajvinder Singh stands filed on 28.11.2023 and case is pending at the stage of framing of charge.

(ii)

Testimony of PW-41 Babulal Meena, Additional Superintendent of Police, GRP Circle Bikaner,

District GRP Jodhpur (Rajasthan) in FIR No. 56/2023 dated 24.10.2023, P.S. GRP, Hanumangarh, District

GRP (N), Jodhpur (Rajasthan) reflects that aforesaid case was registered since ‘Khalistan Zindabad SFJ’

was found written in English by some unknown persons above Hanumangarh Railway Junction box. During

course of investigation, it was revealed that accused Love Preet Singh and Harman Preet Singh involved in

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

277

FIR No.233/2023, had admitted that they had written ‘Khalistan Zindabad SFJ’ at Hanumangarh Junction,

and a plastic bag containing 3 spray cans and a saffron cloth was also recovered on which ‘Khalistan Zindabad

SFJ’ was written. Both the accused were arrested. Investigation further revealed that accused had participated

in pro-Khalistani activities as they received monetary gain in return. The investigation in the case is pending.

141.

Evidence of weapons recovered to re-activate terrorism in Punjab

(i)

PW-8 Sarabjit Singh, Superintendent of Police (Investigation), Hoshiarpur, Punjab deposed that

FIR No. 93/2016, dated 06.08.2016 Police Station Chabbewal, Hoshiarpur was registered after information

was received that Harjap Singh resident of Bhilowal, currently in USA and Avtar Singh @ Darshan Singh

resident of Chakkowal Shekhan, currently in Italy, members of the Khalistan Liberation Force, were

disseminating false narratives among vulnerable individuals in Punjab and attempting to revive terrorism in

the state by providing financial support to recruit young people and procure weapons. Investigation revealed

that Jaspreet @ Jassa, Hardeep Singh @ Deepa, Kuldeep Singh @ Deep and Bikramjeet Singh were in contact

with Balwinder Singh@ Bittu and acting on instructions from Harjap Singh and Avtar Singh conveyed via

Internet. The accused were directed to procure weapons, ammunition and explosives to carry out a significant

act of violence. 40 live cartridges from Bikramjeet Singh, ten shirts printed with “Punjab Independence Day

Referendum 2020,” and 200 grams of sulfur (gandhak) potash from Kuldeep Singh were recovered.

Additionally, a motorcycle, books, a pistol and five shirts with similar slogans were recovered from Hardeep

Singh. Accused Jaspreet Singh @ Jassa and Hardeep Singh @ Deepa, were convicted under Section 25 of

the Arms Act. Kuldeep Singh @ Deep, was convicted under Section 9B of the Explosives Act, 1884, on

03.04.2019. Look out circulars stand issued against accused Harjap Singh and Avtar Singh.

(ii)

PW-33 Shri Gurpartap Singh Sahota, PPS, Superintendent of Police (Investigation), Batala,

District Gurdaspur, Punjab, deposed that FIR No. 46/2018 dated 31.05.2018 was registered at P.S. Rangar,

Nangal after a wine shop was set to fire causing damage to the property. Two accused namely Dharminder

Singh who was on leave from his duties in the army, and Kirpal Singh were arrested. During search 0.22 bore

pistol with three live rounds of 0.32 bore ammunition, a 0.32 bore revolver with three live rounds of 0.32

bore ammunition, two rounds of 0.315 bore ammunition, ₹40,000 in cash, 110 posters labelled “Sikhs for

Justice” , three stencils with “Khalistan Zindabad”, a board and fiber sheet reading “Punjab Referendum

2020”, as well as spray cans, brushes, and two mobile phones were recovered. The accused admitted having

been in contact with Maan Singh Khalsa, a resident of the UK, who instructed them to paste Khalistan-related

posters and carry out unlawful acts like arson. Accused Dharminder also disclosed that Pannun, along with

Parmjit Singh Pamma (UK) and Deep Kaur (Malaysia), encouraged arson attacks and planned targeted

killings to disrupt law and order in Punjab. He disclosed that they were specifically directed to target Hindu

Shiv Sena leaders, RSS shakhas, and other organizations opposed to Khalistan. It also came up in

investigation that Pannun and his associates provided financial support and weapons to carry out these

activities. Further, the call detail records revealed that accused Dharminder Singh was part of 36 whatsapp

groups involving members from India and abroad including from Babbar Khalsa and other radical

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[PART II—SEC. 3(ii)]

organizations. Investigation also revealed plans to assassinate prominent individuals including Sudhir Kumar

Suri Hindu, President Shiv Sena and other leaders such as Navdeep Gupta (Kharar) Chandrakant Chadha

(Ludhiana) and Ranjeet Kumar (Gurdaspur). The directives were issued vide leaders of Babbar Khalsa

International and Khalistan Referendum 2020. Gurpatwant Singh Pannun, Parmjit Singh Pamma, and others

were named as accused in the above mentioned case. Further, Gurpatwant Singh Pannun has been placed in

Column No.3 which stands filed against the accused.

(iii)

PW-27 Shri Mohit Handa, Deputy Commissioner of Police, Crime, Gurugram deposed with

reference to FIR No.972/2020 dated 23.12.2020 registered at P.S. Sadar Karnal. He testified that two accused,

namely Tej Prakash and Akash Deep, were arrested along with ammunition in their possession. During the

course of investigation, accused Tej Prakash disclosed that he was in contact with one Gurmeet Singh who

had instructed him to murder one Sudhir Suri and Gursharan Mandr due to their alleged statements against

his religion. Further, some money was also stated to have been received from Gurmeet Singh, which was

used to purchase mobile phones and weapons after filing of chargesheet. Charge against the accused has been

framed by the Trial Court and the matter is pending for prosecution evidence.

142.

Case where Khalistani flags were hoisted and graffiti painted on public premises.

PW-37 Shri Surinder Singh Bhoria, Superintendent of Police, Ambala, Haryana, deposed that FIR

No. 71/2023 dated 04.03.2023, P.S. Ambala Sadar, Ambala, was registered since a yellow cloth tied to a

wooden stick resembling a flag was seen on the Rajpura Flyover attached to the cement railing. The cloth

had words “SFJ, KHALISTAN” written in English with black ink. Further, “KHALISTAN G20 FORGION

MINISTOR WELCOME” was also found written in English with black ink on the wall of the bridge. Despite

investigation, the identity of the accused could not be ascertained and, therefore, an Untrace Report

dated 25.10.2024 was filed before the Trial Court.

143.

Cases where graffiti was painted on public premises and have been proved by PW-1, PW-2,

PW-12, PW-21, PW-22, PW-23, PW-25, PW-27, PW-33, PW-35, PW-36, PW-39, PW-46 & PW-

49

(i)

PW-1 Ved Prakash, Assistant Commissioner of Police, Special Cell, Southern Range, Saket, Delhi

Police, Delhi testified with reference to FIR No. 47/2024, P.S. Uttam Nagar and FIR No. 106/2024, P.S.

Nihal Vihar.

As per testimony of PW-1, FIR No. 47/2024, Police Station Uttam Nagar, pertains to pro-Khalistan

graffiti reading "KHALISTAN ZINDABAD" painted on the wall of the Government Sarvodaya Bal

Vidyalaya, Uttam Nagar. The graffiti was linked to secessionist propaganda promoting the creation of

Khalistan. During investigation, Sanny Singh alias Sunny was arrested who disclosed that he painted the

graffiti under the instructions of Gagandeep Singh, residing in USA and was associated with Gurpatwant

Singh Pannun and Sikhs for Justice (SFJ). Further, it was revealed that Sanny Singh received Rs. 30,000

through Muthoot Finance, transferred on behalf of Gagandeep Singh, to carry out this anti-national activity.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

279

Relevant payment records, including the transaction receipt from Muthoot Finance, were recovered during

investigation. Accused Sanny Singh alias Sunny is in custody and the case is under investigation.

With reference to FIR No. 106/2024, Police Station Nihal Vihar, PW-1 testified with the case

pertains to pro-Khalistan graffiti reading "26 JANUARY SFJ KHALISTAN VOTER REGISTRATION"

painted on a wall along a drain in the jurisdiction of Nihal Vihar Police Station. During investigation, Sanny

Singh alias Sunny was arrested in connection with this case as well. He confessed that he painted the graffiti

following directions from Gagandeep Singh. Similar to FIR No. 47/2024, Sanny Singh admitted receiving of

Rs.30,000 through Muthoot Finance, a payment made at the instructions of Gagandeep Singh. Payment

verification and transaction records were collected as evidence. Sanny Singh alias Sunny is in custody and

the case is under investigation.

(ii)

PW-2 Sanjay Dutt, Assistant Commissioner of Police, Special Cell, South Western Range,

Janakpuri, Delhi Police, New Delhi deposed with reference to FIR No. 705/2023, P.S. Kashmiri Gate, FIR

No. 28/2023, P.S. Nangloi Metro State, FIR No. 75/2024, P.S. Tilak Nagar and FIR No.469/2023, P.S. Hari

Nagar.

FIR No. 705/2023, PS- Kashmiri Gate, New Delhi, pertains to graffiti reading “DELHI Banayga

Khalistan SFJ” & “KHALISTAN ZINDABAD SFJ”, which was found under Yudhister Setu Flyover near

Metro Gate No. 5 & 6, Kashmere Gate, Delhi. Malak Singh, alias Malik, was arrested and he disclosed that

he wrote these slogans under the direction of Gurpatwant Singh Pannun, leader of Sikhs for Justice (SFJ).

Investigation revealed that Malak Singh communicated with Pannun via Signal App. A mobile phone

containing incriminating evidence was recovered, and his voice samples were sent for forensic analysis.

Malak Singh is in judicial custody and chargesheet has been filed.

FIR No. 28/2023, PS Nangloi Metro Station, New Delhi: As per the FIR, graffiti with slogans such

as “G-20 PUNJAB IS NOT INDIA KHALISTAN SFJ ZINDABAD”, “DELHI BANEGA KHALISTAN

SFJ”, “MODI INDIA’S COMMITTED GENOCIDE OF SIKHS SFJ”, “G-20 PUNJAB IS NOT INDIA-

SFJ”,“KHALISTAN REFERENDOM ZINDABAAD-SFJ” were observed across the Metro Stations in

Delhi. PW-2 testified that Pritpal Singh and Rajvinder Singh were arrested and admitted to writing the slogans

on instructions from Gurpatwant Singh Pannun for monetary compensation. Their mobile phone data

revealed chats and media exchanges with Pannun. Rs.2 lakh alleged to be paid by Pannun was recovered

from Pritpal's residence. Accused Pritpal Singh and Rajvinder Singh are in judicial custody and chargesheet

has been filed.

FIR No. 75/2024, PS Tilak Nagar Delhi concerns graffiti reading "DELHI BANEGA KHALISTAN"

found on the wall of a park in Tilak Nagar, Delhi. PW-2 testified that Jasvinder Singh, who admitted to

painting the slogans at the behest of Gagandeep Singh (based in the USA), was arrested. A spray bottle used

for graffiti was seized, and evidence revealed that Jasvinder created a video of the act and sent it to Gagandeep

Singh. Jasvinder Singh is in judicial custody and chargesheet has been filed in the said case

FIR No. 469/2023 PS Hari Nagar, Delhi involves graffiti with the message "KHAL 24 SFJ 26 JAN"

found on a metro pillar near Tilak Nagar Metro Station. PW-2 testified that accused, Lakhminder Singh alias

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[PART II—SEC. 3(ii)]

Laddu, was identified through CCTV footage but fled the country after the incident. A Look-Out Circular

(LOC) has been issued against accused Lakhminder Singh who is absconding.

The investigation is still underway and chargesheet is yet to be filed.

(iii)

PW 12 Pawanjit, Additional Deputy Commissioner of Police, Ludhiana deposed that FIR No.

154/2021 was registered at Police Station Dehlon, Ludhiana, on observing pro-Khalistan graffiti on roads

and walls in Village Gill, Ludhiana. The graffiti, including messages like “KHALISTAN ZINDABAD” and

“KISANA DA HAL, KHALISTAN,” promoted secessionist propaganda and instigated communal tension

among the Hindu community. He further testified that during investigation, it was revealed that the accused,

Gurvinder Singh alias Baba and a child in conflict with law (CCL), acted on the directions of Gurpatwant

Singh Pannun, associated with the banned organization Sikhs for Justice (SFJ). Pannun allegedly financed

these acts to disrupt peace in Punjab and promote anti-national activities. On September 19, 2021, the CCL

was apprehended. A challan was filed against him and is currently on bail and the case under trial before the

Juvenile Board. He further deposed that co-accused Gurvinder Singh alias Baba was also arrested and is in

custody. The case is pending trial in the court of Additional Sessions Judge, Ludhiana.

(iv)

PW-21 Ms.Anita Saini, Deputy Superintendent of Police/Admin/GRP/Punjab deposed that FIR No.

119/2023 was registered at Police Station Govt. Railway Police, Amritsar (Punjab). The case pertains to a

video uploaded by Gurpatwant Singh Pannun, President of the banned organization Sikhs for Justice (SFJ).

The video, circulated on platforms like Facebook and WhatsApp, displayed the slogans “Khalistan Zindabad”

and “Boycott of AIR INDIA” inscribed with black ink on the pillars and walls of a new overbridge located

between Railway Stations Amritsar and Manawala (at KM No. 510/34). The video aimed to incite

secessionist sentiments and disrupt public harmony. On investigation, a chargesheet was filed on April 30,

2024, in the Court of Chief Judicial Magistrate (CJM), Amritsar against Harmanpreet Singh and Lovepreet

Singh. The court framed charge and the case is scheduled for prosecution evidence.

(v)

PW 22 Kuldip Singh, Sub-Inspector In-charge, Police Post, Sector-43, Chandigarh deposed that

FIR No. 51/2023 registered at Police Station Sector-36, Chandigarh, pertains to the defacement of public

property near the Beant Singh Memorial, Sector-42, Chandigarh. The display board of the memorial was

inscribed with slogans “SFJ Jindabaad” and “Khalistan Jindabad” by unidentified individuals. Despite

investigation, the accused could not be identified or apprehended and consequently, an Untrace Report was

filed.

(vi)

PW 23 Adarshdeep Singh, Deputy Superintendent of Police, Sirsa, Haryana testified that FIR No.

148/2023, registered at Police Station Sirsa Sadar, pertains to anti-India slogans related to the Khalistani

movement being inscribed on the wall of the Airforce Station, Sirsa. The slogans, written in both English and

Punjabi, included "Hindustan Murdabad," "SFJ," "G-20, Delhi 100,000 Dollar," "Khalistani Flag, Pragati

Maidan," and "Khalistan Zindabad." The investigation did not lead to the identification or apprehension of

any suspects and consequently, an Untrace Report was filed on August 30, 2023,

(vii)

PW 25 Ms. Deepti Garg, Superintendent of Police, Dabwali (presently posted as Commandant of

4th Battalion, IRB, Manesar, Gurugram testified with reference to FIR No. 627/2022 and 473/2023 both

registered at Police Station City Mandi Dabwali.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

281

PW 25 deposed that FIR No. 627/2022, registered at Police Station City Mandi Dabwali, pertains to

anti-national slogans written on the wall of B.R. Ambedkar College, Dabwali. The slogans, written in both

English and Punjabi, included phrases such as "BRAHMINES LEAVE PUNJAB-HR, HARYANA

BANEGA KHALISTAN," "BRAHMINS HINDU RESPONSE 1984 SIKH GENOCIDE," "SFJ,"

"KHALISTAN ZINDABAD," along with the date "29 JANUARY" (in Punjabi) and "AUSTRALIA" (in

English). These inscriptions were attributed to Gurpatwant Singh Pannu and others, aiming to incite anti-

national sentiments and disrupt communal harmony. Despite investigation, the accused could not be

identified and as such, an Untrace Report dated September 5, 2023, was prepared, but is yet to be submitted

in the court.

She further testified that FIR No. 473/2023, pertains to anti-national slogans found on the walls of

the Sub-Divisional Magistrate's office. The slogans, written in English and Punjabi, included phrases like

"HARYANA KHALISTAN," "KHALISTAN ZINDABAD," "KHALISTAN HARYANA BANEGA, SFJ

KHALISTAN, MODI, KHATTAR, VIZ, SFJ THOKO," "KHALISTAN BATEGA-HR," "HARYANA

BANEGA KHALISTAN," and "KHALISTAN SFJ." Despite extensive investigation, accused could not be

identified or apprehended and an Untrace Report dated June 17, 2024, was prepared but is yet to be filed in

court.

(viii)

PW 27 Mohit Handa, Deputy Commissioner of Police, Crime, Gurugram deposed that FIR No.

414/2022, Police Station Civil Lines, Karnal, pertains to pro-Khalistani slogans such as "Haryana Banega

Khalistan" (in Punjabi) and "SFJ Har Banega Khalistan SFJ" (in English) being painted on the walls of Dayal

Singh College and DAV School. During investigation, accused Manjeet Singh was arrested and he admitted

to writing the slogans and expressed allegiance to Gurpatwant Singh Pannun. He also implicated Resham

Singh in the act. Subsequently, accused Resham Singh was arrested and in his disclosure statement, he

confirmed his involvement and collaboration with Manjeet Singh in painting the slogans. Chargesheet was

filed before the concerned court and the case is currently pending trial.

(ix)

PW 33 Gurpartap Singh Sahota, PPS, Superintendent of Police, Investigation Batala, District

Gurdaspur, Punjab deposed that FIR No. 77/2022 was registered at Police Station Dera Baba Nanak following

a report by the SHO regarding provocative posters found pasted on the outer wall of the SDM Office and a

pillar at the Bus Stand in Dera Baba Nanak. These posters, written in Punjabi, carried messages such as

"Khalsa Raj Saint Baba Jarnail Singh Bhindranwale is Punjab’s true claim. Long live Khalistan, down with

Hindustan. The Sikh community is alive and will seek revenge." The posters were instigated by Gurpatwant

Singh Pannun, Chief of Sikhs for Justice (SFJ), and seen as an attempt to incite hatred, disturb public

harmony, and undermine the unity and integrity of India. The case is under investigation.

(x)

PW 35 Lavdeep Singh Gill, PPS, Deputy Superintendent of Police, Detection, District Moga,

Punjab, India deposed that FIR No. 124/2023, Police Station Moga, Punjab was registered since slogans such

as "Khalistan Jindabad" were found written on the walls of the bathroom and ticket counter of Bus Stand

Moga. Additionally, a saffron-colored flag with the word "Khalistan" on one side and a Khanda symbol on

the other side was hoisted on the ticket counter. These acts, committed by unknown individuals, were

perceived as an attempt to incite hatred, disrupt unity, and create animosity among citizens. During

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[PART II—SEC. 3(ii)]

investigation, Pritpal Singh and Daljit Singh were were arrested. Based on Pritpal Singh's disclosure

statement, Gurpatwant Singh Pannun, the Chief of Sikhs for Justice (SFJ), was also named as an accused in

the case. The chargesheet was filed before the Judicial Magistrate Ist Class, Moga, who has since taken

cognizance of the case.

(xi)

PW 36 Jasbir Singh, Superintendent of Police, Special Branch, District Patiala deposed that FIR

No. 144/2021Police Station Banur, District Patiala was registered on a secret information received by SHO,

Police Station Banur. The secret information revealed that Jagmeet Singh, Ravinder Singh, and Jasvir Kaur

were propagating pro-Khalistan sentiments by distributing registration forms for voting, pasting posters, and

raising slogans in favor of Khalistan at public and religious places. Their actions were aimed at inciting

innocent people to support the secessionist movement. Based on this intelligence, the police conducted

nakabandi (blockade) and intercepted a motorcycle bearing registration No. PB-48-F-8245 near Banur.

Ravinder Singhand Jagmeet Singh were apprehended, and a search led to the recovery of over 206 forms,

posters, plastic plates, and spray paints advocating Khalistan. During interrogation, they disclosed that Jasvir

Kaur, Jagmeet Singh’s mother, motivated and supplied them with materials for their activities. Jasvir Kaur

was subsequently apprehended, and 100 voter registration forms, along with other materials, were recovered

at her instance. Investigation revealed that the accused were members of the banned organization Sikhs for

Justice (SFJ), led by Gurpatwant Singh Pannun and were engaged in organized activities aimed at conducting

a Khalistan referendum and inciting separatist sentiments to create a separate state. The materials recovered

included 453 forms, 39 posters, and three spray paint bottles. A final report under Section 173 Cr.P.C. was

submitted before the trial court against Jagmeet Singh, Ravinder Singh, and Jasvir Kaur. The charge against

the accused was framed and the case is under trial.

(xii)

PW 39 Tejinder Pal Singh Brar, PPS, Deputy Superintendent of Police, Sub Division, Abohar,

Fazilka, Punjab testified that FIR No. 91, was registered at Police Station Sadar Abohar, District Fazilka,

Punjab, following the discovery of anti-national pamphlets with pro-Khalistani slogans such as “Sikha De

Sare Masle Khalistan Vich Hi Hal Honge” pasted on a water tank near Khalinda Ram Dhani. The pamphlets

aimed to provoke communal disharmony and promote Khalistani ideology. During investigation, a pamphlet

was recovered from the water tank, and based on the statement of Sukhdev Singh, several accused, including

Surinder Kumar, Mandeep Singh @ Vakil Singh, Lakhwinder Singh @ Lakhi, Harvinder Singh, and

Manpreet Singh, were nominated (named) in the case. A raid at Surinder Kumar's residence led to the

recovery of ten Khalistani posters. Surinder Kumar confessed that he and others had affixed the Khalistani

posters in the village. The confession also revealed communication among the accused regarding the posters.

Since despite further investigation no incriminating evidence was found against other accused including

Mandeep Singh @ Killa, Lakhwinder Singh @ Lakhi, Iqbal Singh @ Ivan, Harvinder Singh, and Manpreet

Singh, chargesheet was filed only against Surinder Kumar. The charge was formally framed against him and

the case is pending trial before the Judicial Magistrate Ist Class (JMIC), Abohar.

(xiii)

PW 46 Narayan Singh, Station House Officer (SHO), PS Dharamshala, District Kangra, Himachal

Pradesh deposed that FIR No. 230/2023 Police Station Dharamshala, District Kangra, Himachal Pradesh was

initiated on the statement of Ashwani Kumar, who reported that on October 3, 2023, while on duty near the

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

283

office of the Executive Engineer, Jal Shakti Department, he observed a boy sitting near the road by a wall.

Not suspecting any unlawful activity at the time, he and his colleague, Prakash Chand, proceeded to their

offices. Later, Ashwani Kumar noticed the words "KHALISTAN ZINDABAD" written in English on the

wall. The investigation included reviewing CCTV footage from the site, showed a person approaching the

location where the writing was found. However, the suspect could not be identified. Consequently, an Untrace

Report was prepared and filed before the Chief Judicial Magistrate, Kangra, who accepted it on October 5,

2024.

(xiv)

PW 49 Talwinder Singh Gill, Deputy Superintendent of Police (Detective), SAS Nagar, Punjab

deposed that FIR No. 149/2017 was registered at Police Station Sohana, District SAS Nagar on statement of

CIA Incharge, Inspector Atul Soni, who reported the circulation of objectionable posters in Punjab. These

posters contained slogans advocating Punjab independence and referred to events from 1984, along with

images of Bhindranwale and the Akal Takht Sahib. One such poster was found affixed at CGC Landran,

District Mohali, causing fear among the public. Several similar posters were reportedly placed near religious

sites. The complainant attributed these acts to Gurpatwant Singh Pannun, Legal Advisor for Sikhs for Justice,

along with Jagdeep Singh from Fatehgarh Sahib and Jagjit Singh from Jammu, both currently based in New

York. The accused allegedly involved Harpuneet Singh from Nanak Nagar, Jammu and Gurpreet Singh, a

printing press owner in Mohali, by misleading them into publishing and distributing the posters. Gurpreet

Singh and Harpuneet Singh were arrested and chargesheet was filed against them, while steps are underway

to declare Gurpatwant Singh Pannun, Jagdeep Singh, and Jagjit Singh, who reside in New York, as

proclaimed offenders.

125.

FIR No. 179/2020 was registered at PS: Special Cell, Delhi with reference to automated calls made

by SFJ with recorded voice of Gurpatwant Singh Pannun propagating the hoisting of Khalistani flag on Red

Fort, bringing down the national tricolor and instigating communal disturbance by promoting the pro-

Khalistan Referendum-2020 agenda on social media.

PW-1 Ved Prakash, Assistant Commissioner of Police, Special Cell, Southern Range, Saket, Delhi

Police, Delhi deposed that FIR No. 179/2020 was registered at PS Special Cell, Delhi on a complaint by Sh.

Puneet Singh Chandhok, who alleged that the organization "Sikhs for Justice" (SFJ), led by Gurpatwant Singh

Pannun, was promoting pro-Khalistan and Referendum - 2020 agendas through social media. SFJ was

accused of instigating insurgency and radicalizing youth in India through various online platforms, including

Facebook, Twitter, VOIP, and YouTube. The complaint also highlighted automated calls with pre-recorded

messages from Gurpatwant Singh Pannun, promoting the creation of Khalistan and encouraging actions like

hoisting Khalistan flags at the Red Fort. The investigation revealed that these pre-recorded messages posed

a serious threat to India's unity, integrity, and security. Voice analysis conducted by CFSL, Delhi, matched

the recorded voice to Gurpatwant Singh Pannun. However, efforts to obtain further information from US-

based social media platforms through mutual legal assistance were unsuccessful as the US authorities

declined to share the details. The case is still under investigation.

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[PART II—SEC. 3(ii)]

126.

PW-1 Ved Prakash deposed that FIR No. 211/2021 was registered based on a secret input regarding

a video posted on a Twitter handle, wherein SFJ General Counsel Gurpatwant Singh Pannun, offered a $1

million reward to uniformed police personnel to prevent the Indian Prime Minister from hoisting the national

flag at the Red Fort on August 15, 2021. The message propagated hatred against the Government of India,

sought support for the secessionist agenda of SFJ, and attempted to incite disaffection among law

enforcement agencies. The video messages were disseminated widely by various users, thereby promoting

the SFJ agenda. Notices were served to social media platforms seeking user information, and a mutual legal

assistance request was sent to U.S.-based platforms. However, the information from the U.S. platforms is

still awaited. The investigation is still ongoing in the case.

144.

FIR No. 7/2021, PS: SSOC (SAS Nagar) relating to posters of “Punjab Referendum 2020”.

PW-40 Mr. Harwinder Pal Singh, DSP/SSOC/Amritsar deposed that FIR No. 7/2021, registered

at PS: SSOC (SAS Nagar), was initiated on secret information that Gurwinder Singh alias Baba, along with

other accused, was involved in putting up posters in various districts of Punjab, such as Rupnagar, Mohali,

Fatehgarh Sahib, Khanna, and Ludhiana. The posters carried messages supporting "Punjab Referendum

2020." It was revealed that these activities were orchestrated under instructions from Gurpatwant Singh

Pannun and other individuals residing in the USA, including Harpreet Singh alias Rana, Bikramjit Singh, and

Gursahai Singh Makhu, who provided financial and logistical support to further these anti-national activities.

During investigation, Gurwinder Singh disclosed that he had hidden frames for printing Khalistan

posters, spray paints, and other objectionable materials in his farmland in Ludhiana. Recovery of the same

was effected including Khalistani flags and posters. Photographic evidence and recovery memos were

documented.

The chargesheet in the case was filed against several accused, including Gurwinder Singh alias Baba,

Jagwinder Singh, Sukhdev Singh alias Rinku, and Jagjit Singh Mangat. Additionally, six individuals residing

in the USA, namely, Gurpatwant Singh Pannun, Harpreet Singh alias Rana, Bikramjit Singh, Gursahai Singh

Makhu, Rajinder Singh, and Kamal were named as accused but remain absconding. The case is currently

pending trial and charge has been framed against the accused.

145.

FIR No. 69/2022, Police Station E-Division, District Commissionerate Amritsar (Punjab)

relating to promotion of “Khalistan Referendum” through circulation of videos on social media

PW-10 Navjot Singh, PPS, Additional Deputy Commissioner of Police, Investigation, Police

Commissionerate, Amritsar, deposed that FIR No. 69/2022 was registered at Police Station E-Division,

District Commissionerate Amritsar (Punjab), stemming from a viral video circulated on social media in which

a person is seen near the Nishan Sahib of Akal Takhat Sahib, delivering a speech in support of “Sikhs For

Justice,” “Referendum Zindabad,” and “Khalistan Zindabad,” while another person listens in agreement. The

content of the video was deemed inflammatory, capable of disturbing communal harmony, and as an attempt

to wage war or abet waging of war against the Government of India.

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

285

Two individuals, Manjit Singh alias Baba Shaheed and Saudagar Singh, were arrested in connection

with the said case. Two mobile phones were also recovered from them.

Chargesheet was accordingly filed. During trial accused Saudagar Singh is stated to have expired

while trial is pending against Manjit Singh.

127.

Cases relating to promotion of “Khalistan” with reference to FIR No. 119/2022 and 73/2023 were

testified by PW-5 and PW-21, as detailed under:-

(i)

PW-5 Manmohan Singh Aulakh, PPS, Superintendent of Police, Investigation, District Mansa,

Punjab testified with reference to FIR No. 119/2022, P.S. City Budhlada District Mansa. He deposed that

the case was initiated on information received from a secret informer, who alerted the police about

objectionable handwritten posters pasted on the railway flyover at Boha Road. The posters bore slogans such

as “Freedom 2020 Vote India Out of Khalistan, US Media International,” promoting Khalistani sentiments

and anti-India secessionist propaganda. Despite investigation, the accused could not be traced and

consequently, an Untrace Report was filed in the court on September 9, 2023.

(ii)

PW-21 Ms. Anita Saini, Deputy Superintendent of Police/Admin/ GRP/Punjab testified with

reference to FIR No. 73/2023, registered at Police Station GRP Bathinda. She deposed that the case pertains

to an incident involving the placement of posters and banners referencing the Khalistan Association at the

Bathinda-Mansa Road underbridge. The case originated from an application filed by Advocate Sandeep

Pathak of the Hindu Maha Gathbandan, Bathinda requesting action against those responsible for fixing the

posters. During investigation, evidence and records of an interconnected FIR No. 233/2023, PS Canal

Colony, Bathinda, provided leads. Based on this evidence, two accused were arrested. The case is under

investigation.

146.

FIR No. 42/2022, PS: Kalanaur relating to posters averring revenge by Sikh community and

hailing Bhindranwala.

PW-4 Balwinder Singh Randhawa, PPS, Superintendent of Police, Investigation, District Gurdaspur,

Punjab, deposed with reference to FIR No. 42/2022, PS: Kalanaur. He testified that the case originated

from report by ASI Harminder Singh, who, during patrolling with other police officers, received secret

information about handwritten publications in black marker pasted at several locations in Kalanaur. The

posters contained the message: “Khalsa Raj Sant Baba Jarnail Singh Bhindranwala, the real right of Punjab,

Khalistan Zindabad Hindustan Murdabad, the Sikh community will live and take revenge.” Police inspected

the sites, took the posters in custody. However, despite efforts, the accused could not be traced and

accordingly, an Untrace Report was filed.

147.

Other cases wherein no direct connection of the offence with the SFJ or Gurpatwant Singh

Pannun was established but have been relied as furthering the Khalistani cause.

(i)

PW-36 Jasbir Singh, Superintendent of Police, Special Branch, District Patiala, deposed regarding

FIR No. 179/2018, PS: Sadar Samana, District Patiala and FIR No. 132/18, PS: Lahori Gate, Patiala.

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[PART II—SEC. 3(ii)]

With reference to FIR No. 179/2018 PS: Sadar Samana, District Patiala, PW-36 deposed that the

case emerged during investigation of FIR No. 47 dated February 27, 2018, registered under Section 392 IPC

and Arms Act at Police Station Patran. Accused Jarman Singh disclosed that after committing a crime, he

had hidden four weapons near Village Bizalpur. Based on his disclosure, the police recovered a 32-bore

pistol, two country-made pistols of 315 bore, and a 315-bore rifle, leading to the registration of this FIR. The

final report was accordingly submitted and accused Jarman Singh was convicted by the Court vide judgment

dated February 3, 2024.

Learned ASG submits that it is believed that the crime for which Jarman Singh was convicted was

committed to promote militancy in Punjab.

This Tribunal is of the opinion that the said FIR does not substantiate any link with SFJ in absence

of any cogent evidence on record.

Further, with reference to FIR No. 132/18, PS: Lahori Gate, Patiala, PW-36 deposed that FIR

originated from secret information received by DSP Sukhwinder Singh Chauhan, indicating that accused

Sabnamdeep Singh was involved in terrorist activities as a member of the Khalistan Liberation Force (KLF).

The information suggested that he was recruiting members for a new organization called the Khalistan Gadar

Force, issuing press notes and threat letters on KLF letterheads, and receiving financial and logistical support

from ISI, KLF operatives, and Babbar Khalsa. It was further alleged that Sabnamdeep Singh, in collaboration

with his accomplices, was planning a bomb blast in a crowded area, potentially causing mass casualties, and

was working to expand terrorist activities. Following the registration of the FIR, he was arrested on November

1, 2018. The police recovered a pistol with six live cartridges, a grenade, and letter pads associated with KLF

and Babbar Khalsa International. During interrogation, additional accused Gursewak Singh, Ramesh Kumar,

and Vinod Kumar were named, and Section 120-B IPC was added to the charges. On February 18, 2019,

Harmeet Singh alias Meet alias PHD was also included as an accused. The final report under Section 173

Cr.P.C. was filed against accused individuals, including Sabnamdeep Singh, Ramesh Kumar, Vinod Kumar,

and Jatinder Singh alias Binder, on April 26, 2019. Another accused, Kulwinderjit Singh, was declared a

proclaimed offender on November 17, 2021, but was later arrested on April 4, 2024. The trial is ongoing,

currently at the stage of defence evidence. Although the investigation did not establish a direct link between

the accused and the banned organization Sikhs for Justice (SFJ) or its office bearers, learned ASG submits

that the actions of the accused are believed to align with the militancy-promoting agenda of Gurpatwant

Singh Pannun.

However, this Tribunal is of the opinion that in absence of any concrete evidence, it may be difficult

to hold that the aforesaid FIR can be linked with the objectives of SFJ. As such, reliance is not placed by

this Tribunal on the aforesaid two FIRs.

128.

From the uncontroverted evidence led on behalf of Union of India, following inferences can be

drawn:-

(i) The Sikhs for Justice (SFJ) is a frontal organization of Gurpatwant Singh Pannun, who is using the

said Juristic identity as a cover to perpetrate war upon India in league with other agencies and state-

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

287

and non-state actors of foreign countries. Behind the veil, SFJ seeks to revive militancy in State of

Punjab advocating creation of separate Khalistan State. The motive and intention of the organization

is to perpetrate and engineer acts of external aggression and internal armed rebellion under the artifice

of the organization Sikhs for Justice (SFJ). For the aforesaid purpose, the intention to incite,

radicalize and misuse a particular community, is apparent;

(ii) The express admission of indulging into secessionist activities by SFJ and Gurpatwant Singh Pannun

is manifest from the propaganda videos and audio messages circulated and broadcasted on social

media websites wherein Gurpatwant Singh Pannun has expressly taken the responsibility of the

unlawful/secessionist activities committed by the cadres working at behest of SFJ in India;

(iii)

The association has shown no signs of deterrence despite being declared as an Unlawful

Association in 2019. The threats to officials and Investigating Agencies have been openly given in

the video/audio messages placed on social media as relied in evidence led on record;

(iv)

The evidence led on record on behalf of the Union of India proves that subversive activities

of SFJ are undermining the democratic fabric of the country by challenging the sovereignty and

integrity of India. SFJ has employed numerous tactics to advance its agenda which includes

organization of rallies, conducting social media campaigns and lobbying with international bodies to

support cession of Punjab from India and forming an independent State of Khalistan. Apparently, the

gullible youth are being used for activities such as hoisting of Khalistani flags on schools, buildings

and offices of Government of India and of State Governments including offices of District Collector,

Sub-Divisional Magistrate, etc. The campaign for ‘Khalistan-2020’ and ‘voter bano’ for Referendum

along with slogans on signboards, walls and government offices has been proved on record. The

removing of clips of railway tracks, burning of the Indian flag and scribbling “Khalistan Zindabad”

slogans clearly reflect the anti-national activities of SFJ;

(v) The authenticity, veracity and relevance of the material, which is in the nature of FIRs registered

against the members and office bearers of the proscribed organization on account of indulging in

secessionist activities, has been duly proved on oath by the concerned witnesses examined on behalf

of Union of India. Despite ample opportunity granted to the association, neither any evidence has

been led on behalf of the association to controvert the evidence on record in any manner, nor the

same has been disproved;

(vi)

From the contents of the audio and video messages circulated by Gurpatwant Singh Pannun

on social media and other platforms, there does not remain any iota of doubt that SFJ does not

believe in the sovereignty and territorial integrity of India. Insofar as the call of SFJ for “Khalistan

288

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[PART II—SEC. 3(ii)]

Referendum” is concerned, the same is nothing but a movement for claiming right of self

determination assailing the very foundation of unity and integrity of India. The term “referendum”

is nothing but a subterfuge to plebiscite and claim for ‘right of self determination’ which in turn is

nothing but a devise or a mechanism to undermine and impugn the territorial integrity of India and

to encourage secession of part of the territory of India;

(vii)

The diatribe against the security forces and vitriolic attack against the security forces as

revealed in evidence, by itself, is intended by SFJ to cause “disaffection against India”. In this regard,

it may be noticed that definition of “unlawful activity”, in Section 2(o) of the UA(P)A specifically

includes any action which causes or is intended to cause disaffection against India;

(viii)

Also, the videos circulated by Gurpatwant Singh Pannun on social media as proved on record

by the witnesses corroborate that SFJ through its protagonist Gurpatwant Singh Pannun has directly

impugned the sovereignty and territorial unity of India and seeks to instill feelings of

discontent/disaffection towards India. The speeches of Gurpatwant Singh Pannun also show that he

vociferously advocates and endorses the creation of an independent state of Khalistan and its

secession from the Union of India. Through the speeches as placed on Social media Gurpatwant

Singh Pannun has also made an attempt to incite/instigate/provoke youth and groups to take unlawful

activities towards this object. The same leads to an unequivocal inference that SFJ has been indulging

into ‘unlawful activities’. Further, vitriolic speeches made by Gurpatwant Singh Pannun glorifying

militants such as Bhinderwalan & Nijjar, making calls to assassinate Constitutional functionaries of

the country, calling for a referendum which is nothing but a plebiscite, taken jointly or individually,

also constitute “sufficient cause” for confirming the decision of the Union of India to extend the

declaration of SFJ as unlawful association for a further period of five years.

(ix)

Though in some of the FIRs, Untrace Reports have been filed by the Investigating Agencies

and the accused could not be arrested but they manifest that SFJ clandestinely perpetrated the agenda

of the secessionism. The unlawful activities in respect of painting graffitis and hoisting Khalistani

flags and banners in the secret of darkness, have been claimed to be done at behest of SFJ through

its chief protagonist Gurpatwant Singh Pannun in the videos circulated on Social media and other

platforms. The offences committed in the said FIRs also reflect radicalization of youth and inciting

feelings of disaffection in the hearts of particular community towards India.

129.

The witnesses have unambiguously stated that SFJ through Gurpatwant Singh Pannun along with

other members of the association have been:-

(a)

involved in anti-national and subversive activities in Punjab and elsewhere, intended to disrupt

the sovereignty and territorial integrity of India;

[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

289

(b)

are in close touch with the militant outfits and activists, and is supporting violent form of

extremism and militancy in Punjab and elsewhere to severe the territory of State of Punjab

from Union of India so as to carve out a sovereign State of Khalistan;

(c)

SFJ is encouraging and aiding the activities for secession of a part of the Indian territory from

the Union of India and supporting separatist groups fighting for this purpose in India and

elsewhere by indulging in activities and articulations intended to disrupt the sovereignty and

territorial integrity of India.

130.

The ingredients of statutory definition of ‘unlawful association’ stands squarely satisfied if the above

objectives of Sikhs for Justice (SFJ) in the light of evidence led on record are juxtaposed against the statutory

definition of the “unlawful association” provided under Section 2(p) of UA(P)A. Section 2(p) includes any

association which (i) has for its object any “unlawful activity” or which encourages or aids person to

undertake “unlawful activity”, or of which the members undertake such activities. Furthermore, Unlawful

activity, as statutorily defined under Section 2(o) refers to any action: (i) which is intended, or supports any

claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession

of a part of the territory of India from the Union, or which incites any individual or group of individuals to

bring about such cession or secession; (ii) which disclaims, questions, disrupts or is intended to disrupt the

sovereignty and territorial integrity of India; or (iii) which causes or is intended to cause disaffection against

India.

131.

The evidence led on record musters the test of “sufficient cause” and proves that the version of

Central Government as detailed in the Reference Note, has a greater probability of depicting true and correct

nature of secessionist activities in which SFJ is involved, threatening the unity, integrity and sovereignty of

India. The evidence of the witnesses examined on behalf of the Union of India cogently proves secessionist

and other unlawful activities indulged by SFJ and its chief protagonist Gurpatwant Singh Pannun for purpose

of creation of separate independent State of Khalistan and thereby threatening the peace, unity, territorial

integrity and sovereignty of India.

XII.

CONCLUSION

132.

The evidence on record along with the material relied upon by the Union of India prove that unlawful

activities have been undertaken by the Sikhs for Justice (SFJ) intending the cession or secession of the part

of the territory of India, by propagating to create an independent State of Khalistan. The unlawful and

disruptive activities on the face of record threaten the peace, unity, sovereignty and territorial integrity of

India. The association is supporting violent form of extremism in Punjab and there can be no space for an

association which openly advocates secessionism and undermines the sovereignty and territorial integrity of

290

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[PART II—SEC. 3(ii)]

India. In view of above, there is strong foundation for declaring Sikhs for Justice (SFJ) to be an ‘unlawful

association’ under sub-section (1) of Section 3 of UA(P)A.

133.

This Tribunal having followed the procedure laid down in the Unlawful Activities (Prevention) Act,

1967 along with Rules framed there under and having independently evaluated the evidence on record, is of

the firm opinion that Sikhs for Justice (SFJ) through its chief protagonist Gurpatwant Singh Pannun has

indulged in acts of secession, which directly impinge upon the territorial integrity of India.

Considering the evidence and material on record, there is sufficient cause and ample justification for

confirming the declaration of notification No.S.O.2660(E) dated 08th July, 2024.

134.

For the reasons recorded above, this Tribunal confirms the extension of declaration of Sikhs for

Justice (SFJ) as an “Unlawful Association” by the Central Government for a further period of five years from

10th day of July, 2024 vide Notification No. S.O.2660(E) dated 08th July, 2024. Reference is accordingly

answered in the affirmative.

135.

I also place on record appreciation for invaluable assistance rendered by Mr. Jitendra Pratap Singh,

learned Registrar to the Tribunal and Mr. S. D. Sanjay, learned Additional Solicitor General of India (ASG)

along with Mr. Rajat Nair, Advocate and other associate counsels, namely, Mr. Sabarish Subramanian, Mr.

Jay Prakash Singh, Ms. Nikita Sethi, Mr. Shubham Mishra, Mr. Khushal Kolwar and Mr. Dhruv Pande,

Advocates for the Union of India. The dedication and commitment of the staff deputed with the Tribunal is

also appreciated.

JUSTICE ANOOP KUMAR MENDIRATTA,

Unlawful Activities (Prevention) Tribunal

January 03, 2025 [F.No.17014/27/2024 – IS.VII]

ANIL SUBRAMANIAM, Jt.Secy.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.

GORAKHA NATH YADAVA

Digitally signed by GORAKHA NATH

YADAVA

Date: 2025.01.29 14:59:31 +05'30'