Chandigarh, September 23
A tale of conspiracy and intrigue, which had taken an unexpected turn with the surfacing of a “murdered man,” Jagsir Singh, today culminated with the Punjab & Haryana High Court directing the state of Punjab to pay a compensation of Rs 1 crore to the five appellants who were falsely implicated in the case.
A bench comprising justices Mehtab Singh Gill and Jitendra Chauhan also ordered initiation of perjury proceedings against two policemen and at least a dozen others, including Jagsir. Strictures were also passed against the then SP and DSP.
The bench asserted that the entire burden of paying compensation to those implicated in the case - Nachhatar Singh, Sira, Amarjit Singh, Nikka Singh and Surjit Singh — “rests squarely” on the state.
The trial, including the appeal, took 13 long years to conclude. Nachhatar’s son Sira, while on bail, committed suicide. The appellants remained behind bars for five years, often undergoing torture, and suffered a “loss of face.” The best years of their lives were spent in jail, and their relatives also went through mental torture and agony. The bench also took note of Nachhatar’s assertion that he had to sell off his agricultural land to pursue the case.
Though the irreparable damage done to them, both mentally and
physically, could not be undone, the demand of Rs 20 lakh for each as compensation was fair, the bench ruled.
“We award Rs 20 lakh each to all the appellants, which shall be paid by the state of Punjab within 30 days. The state chief secretary and home secretary are directed to deposit Rs 1 crore with the high court registrar, which shall be further paid to the appellants,” the bench added, while accepting their appeal.
An attempt by the police to cover up the lapses while leaving out others and registering a case against Jagsir for false evidence did not escape the court’s attention. Ruling the FIR smacked of malafides and “has been registered to save the skin of a few private persons and police officials, especially the investigative officers”, the bench quashed it while directing the registration of a fresh case on the basis of a statement by the implicated.
The bench said ASI Darshan Singh and SI Sarabjit Rai arrested the appellants and planted farm implements on them, and they were part of the conspiracy. Recoveries were made of bloodstained weapons that the appellants never used. DSP Darshan Singh and SP Madan Gopal also did not scrutinise the case diary and investigations in a proper manner.
