Punjab Police fail to prove high-profile UAPA case using SGPC magazine copies, 3 acquitted

However, since both accused had already served more than three years in jail, the court maintained that the period of imprisonment already undergone by the convicts during inquiry, investigation or trial of this case be set off from the substantiate sentences to be undergone by them.

What was the case about?

With the arrest of Gurdial Singh, Jagroop Singh and Satwinder Singh on June 4, 2017, the Punjab Police claimed to have busted a terror module having links with the ISI-backed banned outfit International Sikh Youth Federation (ISYF).

This was a high-profile case as it was also part of the 23-page dossier on alleged terror activity from Pakistan against India and handed over to neighbour county diplomats on July 14, 2019, during the Kartarpur Corridor talks at the Wagah border.

All the accused were allegedly linked to Pakistan-based Lakhbir Singh Rode and Harmeet Singh alias Happy, both dead now, and the trio had been charge-sheeted under Sections 15, 16, 17 & 18 of UAPA.

Apart from their bank account and passbooks, the police produced documents, including Shiromani Gurdwara Parbandhak Committee (SGPC) monthly magazine Gurmat Parkash copies of September 2004, August 2004 and July 2001. Gurmat Parkash is a monthly Punjabi magazine published by SGPC’s Dharam Prachar Committee since 1957.

Apart from this, a diary for 2011 published by the Pakistan Sikh Gurdwara Parbandhak Committee (PSGPC), and copies of the monthly magazine Vangaar from February, March, April, May, July, September, October and December 2016 and January 2017 were recovered from the accused. Vangar is considered a pro-Khalistan monthly magazine.

Nothing incriminating found, says court

The judgment reads, “But the mere recovery of these above-referred documents from the possession of the accused is not sufficient to fulfill the ingredients of Sections 121, 121-A, 120-B of IPC and Sections 15, 16, 17 & 18 of Unlawful Activities Prevention Act, 1967.”

“Sub Inspector Rajiv Kumar has admitted during cross-examination that bank account and passbooks are not incriminating in nature. He further admits that copies of Gurmat Prakash and the diary of PSGPC are not incriminating in nature. Though he has stated that copies of Vangar magazine can be incriminating in nature but investigating officer of the case, namely DSP Gagandeep Singh, has categorically admitted during his cross-examination that all the magazines of ‘Gurmukh Prakash’ and ‘Vangaar’ are registered magazines and not prohibited by any government. Thus, meaning thereby, these magazines titled as ‘Gurmukh Prakash’ and ‘Vangaar’ can not be taken as incriminating substance, which has been allegedly got recovered from the possession of accused,” the court said.

The court said the case’s investigating officer admitted in clear terms that no evidence was collected during the investigation regarding the participation of the accused in the unlawful activities or otherwise.

The accused had visited Gurudwaras in Pakistan and they were accused of developing terror links during their visit. On this, the court said, “DSP further admits that to visit Pakistan for the visit of Gurudwara and other religious places is not illegal and it is not a crime. It has further been admitted by this witness that at the time of arrest of accused, nothing incriminating was found from them.”

“Thus, from the above-discussed evidence, this fact has become crystal clear that there is absolutely no evidence on the file that all the three accused conspired together to commit wage war against the Government of India and other states of India or they had committed an act with intent to threaten or likely to threat the unity, integrity, security or sovereignty of India or with intent to strike terror or likely to strike terror in people of India.”

“Even, the documents/magazines allegedly got recovered from the possession of the accused were not prohibited by the Government of India. Not even an iota of evidence has come on record that the accused ever raised any funds from a foreign country for committing any terrorist act in India, rather, it has been admitted by the investigating officer that the accused Gurdial Singh, Jagroop Singh and Satwinder Singh never raised or collected any funds.”

“Even, the prosecution has failed to establish on record that all these accused were members of any Banned Organization International Sikh Youth Federation. Thus, prosecution has utterly failed to prove the ingredient of Sections 121, 121-A, 120-B of IPC and Section 15, 16, 17 and 18 of Unlawful Activities Prevention Act, 1967,” concluded the court.