Babbar Khalsa chief to stay in jail, four others to be set free

Additional Sessions Judge Rakesh Siddhartha accepted their pleas and sentenced Hawara,Balwinder Singh,Jaspal Singh,Vikas Sehgal and Jagannath Yadav to jail term already undergone by them during adjudication of the twin blast case.

The four others,barring Hawara,who have already spent over seven years in jail,would be released on payment of Rs 25,000 as fine.

Hawara was charged only for harbouring Jaspal and Vikas,who were actively involved in executing the blasts,in which a man died and 60 people were wounded.

But he is currently serving a life term for assassinating former Punjab Chief Minister Beant Singh. He is also facing trial in another case and cannot be released.

After the blasts during the screening of the controversial Hindi film,Jo Bole So Nihaal,the police registered two FIRs,naming 11 accused. They lodged another FIR a few days later,adding Hawara as co-accused.

The five men pleaded guilty of conspiracy to commit offences against the state,attempt to murder and culpable homicide not amounting to murder under the Indian Penal Code,the Explosives Substance Act and under the provisions of the Unlawful Activities (Prevention) Act.

The court allowed the charge of murder under Section 302 of IPC to be changed to Section 304 (culpable homicide) after the defence counsel, Maninder Singh and S K Chaubey,appealed for leniency. They said the intention of the outfit’s members was to trigger panic and force cinema halls to stop screening the controversial movie,not kill people.

The court said the charge of murder could not be pinned on the accused in the absence of any intention to cause death.

The prosecution said it would not be able to pursue the case since several witnesses,including investigating officers Mohan Chand Sharma and Rajvir Singh,were no longer alive. The court,therefore,allowed the five men to plead guilty.

The court will,however,hear arguments to charge Hawara in a related case. He was arrested along with Jaspal and Vikas while they were transporting explosives and pistols a few days after the cinema hall blasts.

He has also been charged with attempt to murder for firing at police officers as he tried to evade arrest. The court will hear this case on September 21.

Dilbagh Singh and Wadhwan Singh,two other Babbar Khalsa International members accused in the case,had reportedly fled the country.

A Kenyan,Surinder Singh Kanda,has been charged for allegedly aiding Dilbagh to escape to Germany via the African country.