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Chandigarh court acquits 14 accused barring Hawara, Bheora in Burail jailbreak case
In a major embarrassment for Chandigarh Police, the sensational 2004 Burail jailbreak case fell flat in a local court that on Tuesday acquitted 14 persons, including jail officials, booked after four inmates had escaped from the high-profile prison after digging a 104-foot tunnel.
In a major embarrassment for Chandigarh Police, the sensational 2004 Burail jailbreak case fell flat in a local court that on Tuesday acquitted 14 persons, including jail officials, booked after four inmates had escaped from the high-profile prison after digging a 104-foot tunnel.
The only face-saver for police, whose "material witnesses", including jail employees, failed to support the prosecution claims and turned hostile, was the conviction of Babbar Khalsa International chief Jagtar Singh Hawara and BKI (India) operations chief, Paramjeet Singh Bheora. Both Hawara and Bheora were facing trial for assassinating Punjab chief minister Beant Singh on August 31, 1995.
The trial of the 11-year-old case ended in a few minutes as chief judicial magistrate Anubhav Sharma, in a brief pronouncement, said: "Sentence of the two escapees (Hawara, Bheora) is rendered undergone, while all other accused are acquitted."
In a detailed order, the court said, "The prosecution has failed to prove its case beyond reasonable doubt against all accused, except Hawara and Bheora."
Acquitting jail officials, the court said "the prosecution has miserably failed to prove a big conspiracy involving all accused and the conspiracies amongst them inter-se. Especially with regard to accused jail officials, it can be observed that they did not have an independent will much less culpable will which can be attributed an intention for the purpose of section 217 and 222 of the Indian Penal Code."
"In a case which the prosecutor calls "sensational", more independent witnesses have not supported than those who supported. It's the duty of the administration to take care of witnesses. If accused are influencing witnesses, the court should be informed so that accused can be put on warning that their bails can get cancelled. But at this stage (final), the prosecution can't shelter under this plea," said the court.
Convicting Hawara and Bheora, it said, "The very fact that they escaped and were re-arrested is sufficient to prove their guilt. However, with regard to conspiracy, certainly the escapees conspired with each other for digging the tunnel and escaping from the prison. Apart from that, their conspiracy with any other accused is not proved."
Lapses in probe
The police failed to prove that the mobile recovered from the accused were in a working condition or not.
Pointing out lapses in the investigation, the court said: "The court absolutely fails to understand as to why the call details were not collected and if taken why the same have not been made part of the police report. Why witnesses from the mobile service provider concerned have not been joined to prove the calls, locations and other aspects of continuous communication."
Four had made an escape
Hawara, Bheora and their two accomplices - Jagtar Singh Tara and Devi Singh - had escaped from the Burail jail in January 2004.
While Hawara and Bheora were re-arrested within two years, Tara was arrested in January this year from Thailand. Tara is still a proclaimed offender in the case and his trial has been segregated.
Apart from Tara, Devi, accused in a murder trial, too, was declared a proclaimed offender and is believed to be still hiding in Pakistan.
Will file appeal: public prosecutor
"Hawara and Bheora have been convicted though their sentence was rendered as period undergone. While all other 14 accused, including jail officials were acquitted. We will be filing appeal in the case," said public prosecutor JP Singh.
"The prosecution story fell as the witnesses failed to support the allegations. The conspiracy theory floated by the police failed for want of evidence. The conspiracy allegations against jail officials could not be proved as it was established that despite objection by jail staff, facilities were provided to Hawara and Bheora on directions of the Chandigarh administration," said Rabindra Pandit, a defence counsel.
Following the jailbreak, UT Police had booked 21 persons, including jail superintendent DS Rana, dismissed deputy jail superintendents ---DS Sandhu and Ved Mittar Gill - dismissed assistant jail superintendent PS Rana, Chakkar Hawaldar Nishan Singh, warder Inder Singh along with Lakhwinder Singh, Baljit Kaur, Sher Singh, Shubeg Singh, Nand Singh, Abid Mehmood, Narain Singh Chaura, Gurwinder Singh Goldy and Gurnam Singh.
Blow to prosecution
*Of the 50 witnesses examined by the court, most were declared hostile.
*Three jail officials, including superintendent Amandeep Singh, went back on their statements
*Power department officials failed to prove the allegation of accused Narain Singh Chaura, who claimed electricity supply was disrupted on the night of escape.
*The police failed to prove that the mobile recovered from the accused were in a working condition or not
2004 Burail jailbreak: A recap
Jan 22, 2004: Four undertrials - Jagtar Singh Hawara Paramjeet Singh Bheora, Jagtar Singh Tara and Devi Singh - escape from Burail jail after digging a 104 ft tunnel.
Jan 23: Police files FIR against 16 persons, including six policemen and two CRPF personnel
April 2004: Tainted jail officials dismissed.
April 2005: Court drops sedition charges against all accused
July 2005: UT Police get Hawara's custody from Delhi Police
Oct 29, 2005: Hawara gets bail
May 9, 2006: Bheora gets bail
Oct 2006: UT Police submit a supplementary challan, charging all accused of sedition. The court dismisses it again
August 11, 2015: All accused, barring Hawara and Bheora, acquitted.
