Two Babbar Khalsa terrorists convicted, 14 acquitted in Burail jailbreak case

Both Hawara and Bheora were earlier convicted for assassinating former Punjab chief minister Beant Singh.

The CJM, however, observed that the prosecution had “miserably failed” to prove charges against 14 others, including the then jail superintendent DS Rana, deputy jail superintendent DS Sandhu and a former militant Narain Singh Chaura.

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The CJM, in his 123-page judgment, said, “The prosecution has miserably failed to prove a big conspiracy involving all the accused and the conspiracies amongst them inter-se. Specially with regard to accused jail officials, it can be observed that they did not have an independent will, much less culpable will, which can be attributed an intention for the purpose of section 217 (public servant disobeying direction of law with intent to save person from punishment) and 222 (intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed) of the IPC.”

Reacting after the verdict, the then jail superintendent Dalbir Singh Rana said, “I had full faith in the Almighty. It was a tough phase for me and my family. Finally, justice has been done.” He added that during his suspension period he was getting 75 per cent of his salary and would soon make a representation to the government to claim the salary backlog.

Meanwhile, sentenced for life in the Beant Singh assassination case, both Hawara and Bheora stay lodged in Delhi’s Tihar Jail. In their case, the CJM observed, “Since they have already undergone sentence more than the prescribed for these offences, therefore, they are already released from custody in this case vide order dated September 29, 2010, passed by my learned predecessor. Their custody period is treated as their full sentence.”

Though ex-militant Narain Singh Chaura was acquitted, he too would continue to remain behind bars as he was lodged in Amritsar jail in another case.

“I am very happy. Prosecution failed to prove the baseless charges against me. I had accepted that I used to meet them (Hawara, Bheora and Tara) but I was never involved in tunnel conspiracy,” Chaura, who was brought to the CJM court, said after the verdict.

While the fourth escapee, Devi Singh, still remained a proclaimed offender, the police were yet to file a chargesheet in the case of the third escapee Jagtar Singh Tara, who was arrested on January 7 this year from Thailand.

The jailbreak had come to light on the morning of January 22, 2004. Four inmates including Hawara, Bheora, Jagtar Singh Tara — all under trial in the Beant Singh assassination case at that time — and another murder convict Devi Singh had fled from the Munda Khana barrack’s cell number 7 of the Burail jail after digging a 94-feet long and 2.4 feet wide tunnel.

The then assistant superintendent jail Paramjit Singh Rana, former deputy jail superintendent Ved Mittar Gill, then jail head wardens Nishan Singh and Inder Singh were among the five jail officials acquitted in the case Tuesday.

All five were so far under suspension over charges of culpable intention and negligence of duty.

Others acquitted accused by the court included the then CRPF constables Kashmir Singh and Jagir Singh, Subeg Singh (ex-militant and convict in a murder case), Sher Singh (ex-militant and convict in another case), Lakhwinder Singh (ex-militant and convict in another case), Gurnam Singh (ex-sarpanch of Hajipur village in Patiala) and Nand Singh.

Despite the court rap over prosecution’s failure to present a water-tight case, public prosecutor J P Singh said, “We have a strong case and we will go for an appeal.”

In 2009, a Pakistani spy Abid Mehmood was convicted in the case on the basis of his confessional statement.