Why Punjab gave an exemption from prosecution to gangster Jaggu Bhagwanpuria, first to be named in UAPA FIR

“There is a long list of such cases in which accused booked under the UAPA were prosecuted only for their confession made in the police custody. The most famous case is that of British citizen Jagtar Singh Jaggi Johal, for whom there is no evidence other than his police confession. He is being prosecuted, and has been behind bars for more than 9 years without conviction,” said human rights activist and lawyer Jaspal Singh Manjhpur.

“It is a rare case in which the police have made an exception for Jaggu Bhagwanpuria. Why can’t this exemption be made for other accused who are being prosecuted based on their confession statements in police custody?” he asked.

The Punjab Government’s decision not to grant sanction to persecute Jaggu Bhagwanpuria came just before the state police Tuesday launched Operation Prahar, a large-scale, intensive 72-hour action aimed at declaring an all-out war on gangsters and eliminating organised crime from the state.

FIR for unlawful, anti-national activities

The police registered the FIR on January 11, 2023, on the basis of secret information that the accused Jagdeep Singh alias Jaggu Bhagwanpuria, Jaspal Singh alias Honey, Yuvraj Singh alias Cheena and Nishan Singh, along with others, were stated to be involved in the unlawful activities which were covered under sections 17,18, and 20 of the UAPA. According to the FIR, they were also stated to be involved in anti-national activities, including targeting Hindu leaders.

Jagdeep Singh was in jail when the FIR was registered. He was taken on production warrants. After the investigation was completed, the challan against four accused was presented in court, but the sanction to prosecute accused Bhagwanpuria was not granted.

“As regards the accused Jaggu Bhgwanpuria, there is no other evidence except his confession before the police, which is hit by Section 25 of the Indian Evidence Act, not being admissible in the eyes of the law. Consequently, in my opinion, there is no prima facie admissible evidence, at this stage, against Jagdeep Singh@ Jaggu Bhagwanpuria, son of Savinder Singh, connecting him in the commission of the occurrence,” reads the reply from the competent authority in court.

According to a 2019 notification issued by the Punjab Government, only Legal Remembrancer and Secretary to the Government of Punjab, or their nominee, not be below the rank of Joint Legal Remembrancer and Joint Secretary and Director, Prosecution and Litigation, Punjab, conduct an independent review of evidence gathered during investigations under Section 45(2) of the UAPA and submit recommendations to it.

When the director, Prosecution and Litigation, was asked whether an exception had been made for Jaggu Bhagwanpuria, he said, “It is a matter of investigation and cannot be disclosed.”

According to the police challan, Yuvraj, a resident of China Karam Singh, Amritsar, stated he already knew Jaggu Bhagwanpuria, who introduced him to gangster Amrit Bal. Yuvraj and Nishan Singh confessed to planning to assassinate Hindu leaders in Mohali, and a communist leader in Jalandhar, with arms and money supplied by Amrit Bal.

In police custody, Jaggu Bhagwanpuria “confessed” that he knew Yuvraj Singh beforehand, and had connected Yuvraj to Amrit Bal.

Shiromani Akali Dal (Badal) chief spokesperson Arshdeep Singh Kler alleged in a statement on January 20 that in the face of the AAP government’s claims that it was doing its utmost to wipe out gangsters, the government had given a statement in a court in Mohali that it did not have any evidence against Jaggu Bhagwanpuria, and he should be discharged.

Kler also alleged that the AAP government earlier facilitated the transfer of Bhagwanpuria from Assam to Punjab during the Tarn Taran bypoll to influence the poll verdict. “This proves that the AAP government is in fact shaking hands with gangsters who have ruined Punjab and resulted in the flight of capital from the state”.