THE DISTRICT court, Chandigarh, Friday sentenced three persons, including a Hindu outfit activist, Nishant Sharma, to three years’ imprisonment for obstructing police personnel from doing their duty and assaulting them in 2011 when the Police team had arrived at Chandigarh district Court to produce under trial accused Jagtar Singh Hawara and Paramjit Singh Bheora in Burail Jail break case of 2004. The convicts were released on bail bond.
The three, Nishant Sharma, Ashutosh Gautam, and Ramesh Kumar Dutt were convicted under section 186 (Obstructing public servant in discharge of public functions), 332 (Voluntarily causing hurt to deter public servant from his duty), 353 (Assault or criminal force to deter public servant from discharge of his duty), 341 (wrongful restraint) read with section 34 of the Indian Penal Code. Another accused in the case Manish Sood died during the course of the trial. The Court of Gurkiran Singh, Judicial Magistrate First Class (JMIC) has also imposed a fine of Rs 5,000 each.
As per the prosecution, the case pertains to November 11, 2011, when a team of Chandigarh and Delhi Police had arrived at the district court in Chandigarh to produce Jagtar Singh Hawara and Paramjit Singh Bheora in connection with the Burail jail break case of 2004.
Around 11.25 am, when Delhi Police team along with officials of Chandigarh Police Operation Cell reached at the gate of district Court, four persons including the accused Nishant, Ashutosh, Ramesh and Manish, suddenly broke the security cordon by pushing the police officials and ran towards Hawara and Bheora. Police officers told them to stay aside, however the accused persons stopped the way of policemen. The accused Sharma tried to attack Hawara and push him with his head, however Hawara stepped back. The Police then took the four accused in to custody.
During the trial, the defence counsel Sunil Dixit argued that the Police have admitted that many media persons were present at the spot when the incident took place but the prosecution has neither examined any independent witness nor the footage was obtained from the media persons in the court. Meanwhile, the prosecution has not examined Hawara and Bheora who are important witnesses in the case. It has also been argued by the defense counsel that the Police official, SI Gurcharan Singh has admitted that he was present at the spot at the time of incident, but he did not see the incident as there was a lot of rush due to high security arrangements.
The Court after hearing the arguments of the counsel, observed that the presence of the accused persons at the district court is proved and it has also been proved that high security arrangements were made by the Police for producing the under trial prisoners, Hawara and Bheora.
The Court held that the prosecution has proved the case and thus the accused are held guilty. The convicts were released on bail by furnishing bail bond of Rs 30000 each in the Court today as the sentence awarded was three-year term.
The defense counsel of the accused however stated that they will file an appeal against the order in the Sessions Court.