Facing disappointment after the court rejected their plea for his custodial interrogation, the UT police are now mulling to file an appeal against bail to Khalistani militant Jagtar Singh Tara.
The police appeal would come as Tara is back in Burail jail and he can neither be questioned by any investigating agency nor moved out of jail: This, after a notification issued by the UT administration under section 268 CrPC prohibited removal of the accused in the (former Punjab CM) Beant Singh assassination case till the trial is completed.
The UT police wanted the Khalistani militant's custodial interrogation to question him regarding the jail break case and ascertain the sequence of events, as they will have to file a supplementary challan.
"We are examining all legal points and will not let it go like this. After exploring all options, legal remedy would be taken," said RP Upadhyaya, inspector general of police, UT police.
Relying on the order of additional district and sessions judge, Balbir Singh, in April 2005, judicial magistrate Harpreet Kaur on Monday denied the police an opportunity to interrogate Tara and also dropped all offences - related to waging a war against the country - against him.
"Prime facie case made out against Tara is that he comitted offence under section 224 IPC in criminal conspiracy of other accused. All the non-bailable warrants against the accused had been dropped. The application of police remand is not maintainable as the only offence against accuse is bailable," the court ruled.
The UT police's argument that the charge of waging a war still stands against Tara, who they said was recently apprehended in Thailand by central intelligence agencies, failed to hold ground.
Tara, facing trial in Beant Singh's assassination, had escaped after digging an around 109 feet-long tunnel inside the jail in January, 2004, along with three other people. Two of them - Jagtar Singh Hawara and Paramjeet Singh Bheroa - have been arrested, while the third, Dev Singh aka Devi, is still at large.