How accused in Burail jailbreak got off the hook

The assassins of former Punjab Chief Minister Beant Singh — Bheora, Hawara and Jagtar Singh Tara — and Devi Singh, a murder convict in another case, escaped from cell No. 7 of Munda Khana barrack at the “high-security” jail on the night of January 21-22, 2004, after digging a 94-foot long and 2.4-foot wide tunnel.

[related-post]

The escapees had made two earlier attempts to break out of the jail, in July 1998 and June 2002. Jail authorities discovered the tunnel at 7 am on January 22. Jail Superintendent Dalbir Singh Rana, who made the complaint, was later arrested as an accused.

The prosecution alleged a conspiracy among jail officials, escapees, other inmates, and people who assisted the escapees from outside the jail before and after their escape.

Tara was arrested in Thailand on January 7, and his trial has just begun. Devi Singh remains absconding.

Charges Against Accused

The prosecution alleged that the escape was made possible with the help of prison authorities, who provided the escapees with facilities in violation of the jail manual. Had the charges been proved, the officials would have faced a maximum sentence of two years in jail.

The accused were allegedly provided with a colour TV, electrical equipment including wire tubes, a multipurpose extension board and bulbs, curtains to cover windows, and weightlifting equipment. They also had three khurpas, and jail officials allegedly took no action on information on noises of instruments being sharpened, and suspicious activities in the barrack. The inmates of Barrack No. 7 were not physically checked, and Abid Mehmood, a Pakistani undertrial in another case, was allegedly allowed to meet Hawara frequently to discuss the revival of militancy.

Hawara was allegedly also allowed to keep huge sums of money, and no action was taken after a mobile phone and cash were found on the accused. The escapees were moved to Barrack 7, which was close to the boundary wall of the jail.

Jail Deputy Superintendent Ved Mittar Gill allegedly provided the escapees with a book called True Stories of Great Escapes, from where they apparently obtained technical knowledge of how to dig a tunnel. This book was found on Gill.

According to the prosecution, Hawara made 52 calls to accused Baljit Kaur, wife of ex-militant Lakhwinder Singh, who too was in Burail jail then, between January 12 and 21, 2004.

The prosecution also said that a tunnel starting from the Gurdwara Barrack was discovered in June 2002, and was brought to the notice of all senior jail officers, including D S Rana, Dalbir Singh Sandhu, Ved Mittar Gill, Paramjit Singh Rana and Inder Singh. According to the prosecution, all these accused officials intentionally and willfully concealed the fact of the discovery and filled up the tunnel.

Weaknesses In Case

The CJM found it strange that none of the accused narrated how the conspiracy was hatched, and especially how the tunnel was dug. Bheora, whose statement was part of the evidence presented by the prosecution, disclosed nothing.

The prosecution failed to use call records to prove basic facts about the alleged communication between the accused and escapees. The court said that it failed to understand why call details were not taken by investigating officers — and, if they were taken, why they were not made part of the police report and used to establish the facts. The mere recovery of mobile phones was of no consequence unless their connection with a crime was proved, the court said.

More than 50 independent witnesses did not support the prosecution version and turned hostile. The CJM noted that fundamental principles of getting the accused to join the investigation were not followed.

The prosecution case rested on the recovered vehicles allegedly used by the escapees while on the run.

But beyond placing on record the fact of ownership of the vehicles by the accused, the prosecution could produce no evidence to show how the vehicles reached the escapees and alleged conspirators.

The prosecution accused ex-militant Narain Singh Chaura of being the chief conspirator, who allegedly assisted the escapees in digging the tunnel, and cut the main power supply to the jail using an iron chain. But none of the witnesses corroborated the prosecution theory — not even the fact that power was indeed disconnected.

The court observed that the investigation was carried out in parts by a number of investigators, but senior officers neither joined the investigation nor appeared in court to depose on how they connected the dots and drew their conclusions on the conspiracy.

What Happens Now

Those acquitted jail officials and CRPF constables who have not reached the age of superannuation are entitled to be reinstated. These officials were under suspension, and were drawing 75 per cent of their salary — they may now claim the remaining 25 per cent. The prosecuting agency, Chandigarh Police, can challenge the CJM’s verdict in the Chandigarh District and Sessions Court. As per rules, the appeal must be made within 60 days of getting a copy of the judgment.