Stringent statutory restrictions on bail under anti-terror legislation do not preclude Constitutional Courts from granting bail when prolonged pre-trial incarceration infringes the fundamental right to a speedy trial under Article 21, provided the court strikes a balance between national security and the accused's constitutional liberty.

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ANOOP CHITKARA, J.

1. Aggrieved by the dismissal of regular bail by the Special Judge, NIA, SAS Nagar, Mohali (Punjab) vide order dated 08.12.2025, the appellant had come up before this Court by filing the present appeal under Section 21 of the National Investigation Agency Act, 2008.

2. Per paragraph 14 of the appeal, the accused has the following criminal antecedents:

3. The appellant’s counsel submits that the appellant would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the appellant repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State may file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and to which the appellant shall have no objection. Counsel for the appellant further submits that he shall not use his right of speech and expression beyond what is permitted under Article 19 of the Constitution of India.

4. The State’s counsel opposes the bail.

5. Facts of the case are being taken from the reply dated 04.02.2026, filed by the Deputy Superintendent of Police, Chief Investigating Officer, National Investigation Agency, in the present appeal, which reads as under:-

“1. That, on 14.08.2020 at about 0800 hrs, two miscreants entered the administrative complex of DC Office, Moga and went on the top floor of the said office and hoisted one saffron/yellowish colour flag having written "KHALISTAN" on this flag, on fixed iron pole. After a few minutes, they returned to the ground floor and moved towards the Indian National Flag hoisted in the premises of DC Office Complex, Moga. They cut the rope of Indian National Flag due to which the Indian Flag fell down after which they moved towards the outer gate of the DC Complex while dragging the Indian National Flag with a rope. A case FIR no. 0136/2020 dt. 14-08-2020 was registered at Police Station City Moga,

2. That the Central Government on receiving information opined that this offence fall in the category of scheduled offence hence the Government of India, Ministry of Home Affairs, issued order vide F.No. 11011/57/2020/NIA dated 04.09.2020, directing NIA to take up the investigation of FIR No. 136/2020. Hence NIA re-registered this FIR as RC-30/2020/NIA/DLI under sections 121, 121A, 124A, 153A, 153B of Indian Penal Code and Section 2 of Prevention of Insults to National Honors Act 1972 and took up investigation.

3. That, during investigation it came forth that 'Sikhs for Justice', which has been declared as an Unlawful Association by the Government of India vide notification no. 8.0.2469 (E) dated 10th July 2019, has played a cardinal role in breeding and spreading the tentacles of unlawful activities and terrorist acts in Punjab and are responsible for the secessionist activities that gripped Punjab thus causing unrest in Punjab. The main handler and controller of this outfit is Gurpatwant Singh Pannun (A-5), who has been declared a terrorist by Government of India vide notification no. 8.0.2170 (E) dated 1st July 2020. By launching a systematic and sustained campaign they use to mobilize the Sikh community all over the world, including India, and incite them to start a mass agitation against the Government of India with an intention to