Kapurthala Chief Judicial Magistrate testifies

CHANDIGARH, May 4: Balbir Singh, Chief Judicial Magistrate, Kapurthala was called for evidence in the Beant SIngh case today before UT Di...

CHANDIGARH, May 4: Balbir Singh, Chief Judicial Magistrate, Kapurthala was called for evidence in the Beant SIngh case today before UT District and Sessions Judge B.S. Bedi.

He deposed that in September 1995 he was posted as Special Judicial Magistrate, CBI, Punjab, Patiala. A sealed envelope dated December 18, 1996, with the seal of Chandigarh District and Sessions Judge and signed by Reader of the court was produced before the witness. He said the envelope contained statement of accused Jagtar Singh Tara under Section 164 CrPC.

He stated that on September 22, 1995, DSP, CBI, R.S. Dhankar moved an application in Patiala court that the accused, Tara, wanted to make a confessional statement before a magistrate. Tara was produced in the court at about 12 p.m.

To make sure that there was no police pressure on him, the CBI officials were asked to leave the courtroom. He said he told the accused that the statement would be recorded at 3 p.m. and that he might rethink.

For the sake of law, he also told Tara that he was not bound to make a confessional statement as the same may be used as evidence against him. After recording his answers, the witness was satisfied that he was not giving statements under fear.

The application was later taken up and the witness recorded the statements in his own hand in Punjabi. It was signed by him. After the statement was recorded, Dhankar applied for a copy and the witness said he allowed him to inspect the statement, following which Dhankar made an application that the accused be remanded to judicial custody.

Balbir Singh then passed the order and directed the accused to be produced before the CJM on September 24, 1995.

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During cross examination, he stated that he did not ask Dhankar whether he was the investigation officer. He did not ask him when Tara was arrested. He added that he did not ask Tara whether third degree had been used on him and that he did not lift his shirt to see if there were any injuries.

Further cross examination has been deferred till tomorrow.