Daljit Singh Rajput vs State of Punjab

M.L. Singhal, J.

On 13.6.98 at about 6.30 PM, Inspector Surjit Singh, SHO, PS Sohana was a present in front of eye hospital at Sohana while on patrol duty and nakabandi along with ASI Satwant Singh, HC Mal Ram, constable Harbans Singh etc. A reliable/special informer came to him and informed that at 3 PM that day while he was present in Gurdwara Shahidan and after paying obeisance when he sat, near him, some one else was sitting. Manmohan Singh resident of Khooni Majra, Paramdeep Singh resident of Majri, and Baljinder Singh resident of Dekwala, who after paying obeisance in the gurdwara were also sitting just ahead of him (informer). They began talking among themselves; Manmohan Singh saying that he had payed that "Almighty" would bless them and they would succeed in their mission and whatever setback they had suffered on account of the failure in their mission due to the arrest of Satnam Singh, that would be repaired and if God blessed, "Gurmit Singh" would bring message from "Daddy" (it is a code name used for some Khalistani protagonist) as to how they could succeed fully in their mission. That informer further told Inspector Surjit Singh that on hearing the name of "Satnam Singh" figuring in that talk, he diverted his attention and became attentive to hearing what they were talking about and in the meantime, another youth came there and after paying respects, he also sat by their side and they welcomed him and he told them that he had talked on STD phone at Sector 22, Chandigarh with "Daddy", "Bunty" and "Tony" in America. (It may be mentioned here that according to the prosecution, they are also protagonists of Khalistan residing in America) who had wished them well and success in their mission/struggle viz. in the setting up of an independent and sovereign state of Khalistan, separate from India on the Indian soil and also to throw away the present government. That informer further told Inspector Surjit Singh that youth told Manmohan Singh etc. that Daddy, Bunty and Tony in America had conveyed to him that no change had occurred in the nature of the duties assigned to them and they all were on the same duties viz. the jail break and the overthrowing of the government which had been assigned to them in the fulfilment of the setting up of an independent/sovereign state of Khalistan and the overthrowing of the present government. That informer further told Inspector Surjit Singh that youth had also told Manmohan Singh etc., that the methodology devised for achieving the goal of Khalistan was also the same and during telephonic talk, it was also mentioned that Jagtar Singh Hawara had been contacted on mobile by Shri Daljit Singh Rajput, Advocate and Shri Rajput had done wonders. It was also mentioned that Rajput, Advocate had received an amount of Rs. 1 lac through "hawala" and he had spent lot of money on this arrangement and also that a new telephone No. 78457 had been arranged by Rajput for Jagtar Singh Hawara which would enable him to talk in any country in the world and it also came up in that telephonic talk that a sum of Rs. 1.5 lac had been taken by Bibi Kulbir Kaur Dhami and there was no shortage of funds required for achieving the goal of Khalistan. That youth also told that they had telephone numbers of America 0019178683406 and 0019178617156 with them for the easy emergence of the independent State of Khalistan and Daljit Singh Rajput had given them his mobile telephone No. 98115010799 for this purpose and thereupon all three i.e. Manmohan Singh, Paramdeep Singh and Baljinder Singh exclaimed that they all should pray for breaking the shackles of slavery and securing freedom from the yoke of the imperialism of the Indian government and in formation of the independent state of Khalistan. In the telephonic talk, it also came up that Rs. 1 lac had been received through "hawala" from Jaspal Singh Dhillon, human rights activist and in the same manner more amount had been received. In the telephonic talk, it also came up that earlier code would be used. It was also mentioned by that informer that about 2 kgs. of explosives had been sent to Jagtar Singh Hawara alongwith detonator with a view to enable him to blow up Burail Jail and thus to secure the escape of Jagtar Singh Hawara etc. assassins of Sardar Beant Singh, Chief Minister, Punjab and others and usher in Khalistan and overthrow the present government. On the receipt of this information, case FIR No. 31 was registered at PS Sohana, district Ropar under sections 124A/153A/225B/511/120B IPC.

During investigation, it transpired that on the instructions of Jagtar Singh Hawara lodged in Burail Jail, Chandigarh in connection with the assassination of S. Beant Singh, Chief Minister, Punjab, Daljit Singh Rajput arranged two mobile phones with sim cards No. 9814011957 and 9815078457 from Gurpreet Singh son of Bhagwant Singh, SCO 101213, Sector 22B, Chandigarh with hawala money which were later on smuggled inside the jail and Jagtar Singh Hawara talked to different persons in India and abroad. During investigation, it transpired that one Jaspal Singh Dhillon, a human rights activist collected huge amount of money from abroad and supplied to Jagtar Singh Hawara and other terrorists and also to Sheetla Parshad Misra, Assistant Superintendent, Burail Jail and Jaswinder Singh, Warden of Burail Jail, Chandigarh. Accused Daljit Singh Rajput, Jaspal Singh Dhillon, Sheetla Parshad Misra and Jaswinder Singh Warden were also accused. During investigation, it transpired that Jaswant Singh alias Gurmit Singh son of Gurdev Singh resident of village Sidhupur Kalan, district Ropar had been telephonically giving message of Hawara to Bunty in USA at telephone Nos. 0017187848316, 001 917817156 and also to Tony at telephone No. 0019178683406. It also transpired that said Bunty visited India in the month of February/march 1998 and delivered huge quantity of high explosive material, arms and ammunition to one Balwinder Singh alias Sukhbir Singh. Bunty was also reported to have sent money from USA to the accused person and hatched conspiracy to blast Burail Jail with explosive material. Aforesaid Bunty is Didar Singh alias Bunty son of Buta Singh resident of village Qadian, district Gurdaspur having telephone No 0017187848316 installed at his residence Bradly New York, USA.

So far as Daljit Singh Rajput is concerned, according to the prosecution, he has connected in the purchase of mobile telephone for Jagtar Singh Hawara from Gurpreet Singh son of Bhagwant Singh who is running shop of photography in SCO No. 101213, Sector 22B, Chandigarh. Daljit Singh Rajput, Advocate has his office on the top floor of that shopcumoffice. Gurpreet Singh had known him on account of being neighbour. In September, 1997, Daljit Singh Rajput talked to him on telephone that he was sending a customer of the name of Jaswant Singh to him and that he should supply him Mobile Phone connection (Cellular phone). He told him that Jaswant Singh was very close to him. In February, 1998 Daljit Singh Rajput phoned Gurpreet Singh saying that he was sending Jaswant Singh to him and he should supply him sim card with international sim card, having ISD/STD. It also transpired that at one point of time, Daljit Singh Rajput spoke to Jaswant Singh very angrily that perhaps he was not aware that he was Advocate for Jaswant Singh Hawara and that he was doing a lot for Khalistan movement and that he had been dragging his feet when he was requested simply to supply one mobile phone. Thereupon, he told Daljit Singh Rajput to have mobile phone in his own name but Daljit Singh Rajput told that he had already 34 phones in his name. Sim card was delivered to Jaswant Singh. Allegation against Daljit Singh Rajput is that he arranged mobile telephone connection which was smuggled in Burail Jail and reached Jagtar Singh Hawara on which calls were made to the protagonists of Khalistan in America. During investigation, evidence was collected showing the making of the calls to USA on that mobile phone. There is no allegation that he had hand in that telephone being smuggled in jail.

Learned counsel for the petitioner submitted that the petitioner is a human rights activist. He raised his voice against the police and provided necessary succour to the socalled terrorists by arguing their cases in courts of law. He had been defending the socalled terrorists against the atrocities committed on them by the police as their advocate. He incurred wrath of the police on account of defending them. Learned DAG, Punjab, on the other hand, submitted that Daljit Singh Rajput was instrumental in propping up Khalistan movement. He was advocating secession of Punjab and other areas from the Indian territory and the setting up of an independent and sovereign State of Khalistan on the territory so ceded.

Learned counsel for the petitioner submitted that the offence defined in section 124A IPC is punishable with imprisonment for life to which fine may be added or with imprisonment which may extend to 3 years to which fine may be added or with fine. He submitted that offence defined in section 153A IPC is punishable with 3 years imprisonment or with fine or with both. He submitted that no explosive was recovered from his possession. Allegation against the petitioner is that he was in conspiracy intended to blast Burail Jail and to bring about escape of the dreaded terrorist Jagtar Singh Hawara (who is facing trial in the assassination of S. Beant Singh, Chief Minister, Punjab) and other terrorists lodged there. He further submitted that on almost the same facts, case FIR No. 109 was registered at Chandigarh PS Sector 34 on 11.6.1998 under sections 419/420/225B/468/120B IPC read with sections 4 & 5 of the Explosive Substances Act in which petitioner was allowed bail by this Bench and the Chandigarh Administration did not file any SLP impugning the grant of that bail to him. Petitioner had remained in jail for about 4 months in this case prior to the grant of bail to him by this Bench vide order dated 13.10.1998. He has been in jail now for quite some time. Nothing incriminating is said to have been recovered from the possession of Daljit Singh Rajput, no explosive was recovered from his possession. In the case registered at PS Sector 34, Chandigarh, some evidence has been recorded. Learned counsel for the petitioner submitted that there will be no prejudice to the prosecution if the petitioner is allowed bail. He has also submitted that coaccused Manmohan Singh, Paramdeep Singh and Baljinder Singh were allowed bail by learned Sessions Judge, Ropar.

Keeping in view the incarceration of the petitioner in jail for 78 months in this case, the petitioner should be allowed bail particularly when there is no prospect of the trial concluding in the near future and also the sentence provided for the offence he is said to have committed. So, bail to the petitioner to the satisfaction of Chief Judicial Magistrate, Ropar.

This Crl. Misc. petition is accordingly allowed.