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# Opinion

NIA’s challenge

The case filed against Sikh separatist leader Gurpatwant Singh Pannun by the National Investigative Agency (NIA) adds another thread to the ongoing saga of regional tensions.

SNS | New Delhi | November 24, 2023 8:17 am

NIA’s challenge

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The case filed against Sikh separatist leader Gurpatwant Singh Pannun by the National Investigative Agency (NIA) adds another thread to the ongoing saga of regional tensions. Pannun, associated with Sikhs for Justice (SFJ), is accused of threatening Air India’s global operations, citing danger to passengers’ lives. This incident sheds light on the persisting challenges India faces in reconciling its diverse cultural and religious identities. The NIA’s response, invoking the Unlawful Activities (Prevention) Act and the Indian Penal Code, reflects the gravity with which India regards such threats. The move comes after the 2019 ban on SFJ as an “unlawful association” and the subsequent designation of Pannun as an “individual terrorist” in 2020.

The legal measures underscore India’s commitment to national security but also raise questions about the effectiveness of international cooperation in addressing such transnational threats. Pannun, a resident of the United States with reported dual citizenship in Canada, exemplifies the challenges posed by the global reach of such movements. SFJ, with offices in Britain, Canada and the United States, operates beyond India’s borders, making it a complex entity to contain. Interpol’s rejection of requests for a red corner notice against Pannun further highlights the limitations of international mechanisms in dealing with individuals associated with separatist ideologies.

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The resurfacing of demands for Khalistan reflects historical tensions. While the movement holds little sway within India today, it remains a symbolic challenge to the nation’s unity. The violent movement in the 1980s paralysed Punjab, leaving a lasting impact on the region’s socio-political fabric. Air India, historically entangled in the complexities of the separatist movement, now finds itself again in the crosshairs of such threats. The 1985 bombing of an Air India Boeing 747, attributed to these very militants, resulted in the tragic loss of 329 lives. The recent warnings by Pannun resurrect memories of that dark chapter, highlighting the enduring nature of security concerns faced by the now privately-owned national carrier.

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The international dimension of this issue becomes more pronounced as investigations span multiple countries, including Canada. Allegations linking Indian government agents to the killing of a Sikh separatist leader in June have strained ties between the two nations. The interplay of diplomatic relations, accusations, and counterclaims underscores the intricate web of global politics in addressing issues of sovereignty and security. While the demand for Khalistan may not resonate within India today, fostering dialogue and understanding with stakeholder nations like Canada, USA and Britain can contribute to a more harmonious future.

In navigating these turbulent skies, India faces the delicate task of safeguarding its national interests while embracing the principles of pluralism that define its identity. The Pannun case serves as a reminder that the pursuit of national security must be balanced with a commitment to upholding the values that make India a vibrant and diverse democracy. Furthermore, it reveals how duplicitous Western nations can be on matters that concern India’s security interests.

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# India

The Kerala High Court, on Thursday, granted bail to M K Nasar, one of the individuals convicted by the special NIA court last year in the case of chopping the hands of Professor T J Joseph in 2010. A division bench comprising Justice Raja Vijayaraghavan and Justice P V Balakrishnan suspended Nasar’s sentence and granted conditional bail to him after considering his appeal against the NIA court’s conviction in the case Considering the prolonged detention and citing the potential for trial delays, the court suspended Nasar’s sentence and granted conditional bail, taking into account that some co-accused with similar allegations had already been released after serving shorter terms. The court noted that he had already spent nine years in jail and that delays in resolving appeals could justify suspending a convict’s prison term. It also observed that other accused in the case had received lesser sentences and had already been released after serving their terms. “The applicant has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored. Additionally, the appeals filed by the NIA against the findings of the learned Sessions Judge are being considered in separate appeals, which have not yet been taken up. “There is also the likelihood of delay, as the prime accused has surrendered, and the learned Sessions Judge may have to take up the trial and dispose of it in accordance with the law and some of the original records may be required for that purpose. In view of these facts and circumstances, we are of the considered opinion that the sentence imposed on the applicant can be suspended pending the consideration of the appeal.” The court said The court, however, imposed strict conditions for Nasar’s bail. He is not supposed to provide a bond of Rs 1 lakh with two sureties, refrain from leaving the country without the court’s permission, avoid interfering with the trial or witnesses, and not commit similar offences while on bail The gruesome incident dates back to July 4, 2010, when Joseph, a professor at Newman College, Thodupuzha, was returning from Sunday mass with his family, members of the now-banned Popular Front of India (PFI) attacked him, allegedly in retaliation for a question paper he set, which contained a passage that they claimed insulted Prophet Mohammed was derogatory. His right hand was chopped off in this attack. Nasar was accused of playing a critical role in the attack. Investigations revealed his involvement in recruiting gang members, assigning specific tasks, collecting funds, procuring communication devices, and maintaining communication links with key conspirators.

The Kerala High Court, on Thursday, granted bail to M K Nasar, one of the individuals convicted by the special NIA court last year in the case of chopping the hands of Professor T J Joseph in 2010.