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The Tribune analyses evidence leading to Bibi Jagir Kaur’s conviction on charges of forced abortion and abduction of her daughter and her acquittal of the murder charge
CBI failed to prove Bibi had tried to hide evidence
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Badal tells officers not to work from camp offices
SGPC House
Avtar S Makkar, SGPC chief, at a meeting in Amritsar
Centre reduces Punjab’s kerosene quota by 63%
PIL on Saini’s removal as DGP
Panj Takhts Yatra Express by year-end
GND varsity VC gets extension
Besides Rajoana, fate of 11 others hangs in balance
BS Rajoana
Harpreet was not murdered
Plot to protect Bibi’s fair name
Judical court at Nihalsinghwala inaugurated
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The Tribune analyses evidence leading to Bibi Jagir Kaur’s conviction on charges of forced abortion and abduction of her daughter and her acquittal of the murder charge
Chandigarh, April 3 The trial judge ruled: "The prosecution failed to show the death of Harpreet Kaur was homicidal". Appreciating the evidence, Patiala Additional Sessions Judge Balbir Singh minced no words to say "the prosecution failed to show that any conspiracy was entered into for causing the death of Harpreet Kaur by poisoning or that it was accomplished by administering phenobarbitone tablets." It's own SP Harbhajan Ram, after conducting a preliminary inquiry into the case, had initially concluded that "the death of Harpreet Kaur was a result of dehydration from vomiting and loose motions, for which she was not provided immediate medical attention and for that reason the FIR was not under Section 302 of the IPC". But during the CBI investigations, "the version of death of Harpreet as a result of phenobarbitone poisoning developed". The prosecution was largely depending upon the testimony of two of its witnesses, Dr Tarsem Singh and Prof Jaswant, to establish the case against Bibi and others. Both were known to Bibi and had originally supported her version. But the move to have them as prosecution witnesses did not pay. The trial judge asserted: "These two witnesses of defence were taken as witnesses of the prosecution for discrediting the probable defence version. But the same could not be established by the prosecution in the course of the trial…." Earlier posted at the government dispensary in Begowal, Dr Tarsem Singh was treating Bibi's younger daughter Rajneet Kaur for epilepsy. He had initially supported the defence version. But had later claimed that he, along with Bibi's family friend Prof Jaswant Singh, neither went to Phagwara nor examined Harpreet Kaur. He went to the extent of saying that he had supported the defence version at the asking of Dr Jaswant Singh to save Bibi's family honour. Dr Jaswant Singh, too, had initially denied visiting Phagwara. But during the trial he "surprised the prosecution" by claiming the statement recorded by the CBI was not of his "free volition". The change in stand was, apparently, the turning point. The trial judge concluded: "The witness discredited the version of the prosecution and despite a grilling cross-examination, no material could be brought on record to show as to why he had resiled from the (earlier) statement recorded by the CBI, or got recorded from the Metropolitan Magistrate". The judge said Dr Tarsem Singh's statement, in support of the prosecution version, did not inspire confidence. "Dr Tarsem Singh and Prof Jaswant Singh, on the basis of a call reached Jasdil Mansion, Phagwara, and after examining Harpreet, whose condition was very bad, advised that she be immediately taken to the CMC, Ludhiana. "Thereupon, Dr Tarsem Singh and Prof Jaswant Singh, along with two or three other persons and Rajneet Kaur were taking Harpreet Kaur for treatment to the CMC Hospital, Ludhiana, but she expired on the way near Ladhowal and then Bibi Jagir Kaur was informed and they transported the body of Harpreet Kaur to Begowal…." Based on trial court’s judgment, The Tribune analyses the evidence leading to Bholath MLA Bibi Jagir Kaur’s conviction on charges of forced abortion and abduction of her daughter Harpreet Kaur and her acquittal of the murder charge
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CBI failed to prove Bibi had tried to hide evidence
Patiala, April 3 The CBI failed to prove in court that the powerful Bibi Jagir Kaur tried to “hide evidence” through a hurried cremation. Disagreeing with the CBI, Patiala Additional Sessions Judge Balbir Singh asserted that Harpreet’s body was kept at the Bibi’s Begowal residence for three hours prior to the cremation. The defence had argued that if the accused wanted to hide evidence, they would not have held ‘sangat darshan’ at this scale. “Therefore, the death of Harpreet Kaur not being unnatural, cremation was done in the presence of the public, politicians, officers of the police and civil authorities, including the Chief Minister, after the body was kept for ‘sangat darshan’ for sufficient time for the residents of the village, relations and others...,” held the court. In its final verdict, giving the benefit of doubt to the charge that no postmortem was performed in a bid to suppress evidence, the court ruled that Harpreet’s death was not homicidal but rather because of acute dehydration. The judge said though all the accused had prayed for leniency, “ I do not find it a fit case for release of any of the convicts on probation and the prayer of the convicts is accordingly declined”.
April 20, 2000: Harpreet Kaur, alias Rosy, dies under mysterious circumstances April 27: Kamaljit Singh, a native of Begowal village, claimed that he was Harpreet's husband and that she was allegedly murdered. He approached the Punjab and Haryana High Court on April 27, 2000, pleading for a high-level probe into the matter June 9: HC orders CBI inquiry. It took almost eight months for the investigating agency to probe the matter October 3: the CBI registered an FIR and started arresting the accused. While, Phagwara- based Dalwinder Kaur Dhesi and Paramjit Singh Raipur, Satya, Sanjeev, Harminder and Nishan were arrested, Bibi Jagir Kaur secured a pre-arrest bail. -The accused were booked under Sections 201/302/313/344/365/120-B of the IPC and Bibi Jagir Kaur named as the prime accused January 31, 2001: the CBI filed a charge sheet in the case. It was alleged that Dhesi and Raipur had kept Harpreet in illegal captivity at their palatial residence Jasdil Mansion in Phagwara and Dhesi's driver Harminder, domestic help Satya and SI Nishan Singh, Bibi's personal securityguard were all part of the conspiracy February 25, 2010: The case turned weak when witnesses turned hostile one after the other. The main complainant, Kamaljit, too turned hostile. Kamaljit told the court that his marriage with Harpreet was fake to manipulate Bibi into agreeing to their union. March 21, 2011: Kamaljit backtracks from his earlier statement saying he had turned hostile because of political pressure March 30, 2012: Court convicts Bibi Jagir Kaur, Dalwinder Kaur Dhesi, Paramjit Singh Raipur and Nishan Singh
Dalwinder Kaur Dhesi and Paramjit Singh Raipur wield immense political clout. Dhesi's husband is in the UK and her son Tanmanjeet is Mayor of Gravesham. Paramjit Singh Raipur is an Akali leader and SGPC member. He unsuccessfully contested the 2002 assembly poll from Jalandhar Cantt Paramjit Singh and Dalwinder Kaur Dhesi
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In jail, Bibi takes to teaching
Jalandhar, April 3 Being an MLA, Bibi is a Category-B prisoner and is not required to do hard labour while in jail. Though Bibi reportedly seems calm and composed, she is said to be suffering from high blood pressure. The Kapurthala jail offers the maximum amenities to its inmates. Each of its 32 wards (16 for male inmates and 16 for female prisoners) have two television sets with DTH. The Punjab DGP (Jails) has ordered a probe following reports of VIP treatment to Bibi by jail officials. “Bibi Jagir Kaur is being treated as any other jail inmate. No LCD TV or a dish antenna has been installed for her. Almost all the wards are already equipped with TV sets. I have asked IG (Jails) Jagdip Singh to find out how many people are visiting Bibi daily. The jail manual stipulates that only close relatives and friends have visiting rights. But, there is no specified limit on the number of visitors,” said DGP (Jails) Shashi Kant. Sources say Bibi gets more than 500 visitors daily. On Sunday, Bibi had 92 visitors in violation of jail rules that do not allow “mulaquaats” on Sundays or national holidays. Prominent among those who have visited her during the past three days are Punjab ministers Bikram Singh Majithia, Sarwan Singh Phillaur, Ajit Singh Kohar and Gulzar Singh Ranike, the sources said. Shashi Kant said: “ The dish antenna and the LCD TV were ordered by one of the employees for instllation at his residential quarters in the jail premises. The Jail Superintendent says he has receipts to prove this. The LCD was not meant for Bibi and it has not been installed in her room.” It is learnt that Bibi Jagir Kaur has, in fact, told the authorities that she does not need a TV set. She spends all her time reciting Gurbani, meeting people and enjoying walks in the spatial jail premises. The Kapurthala police has thrown a security cover around the jail. No vehicles or mobile phones are being allowed inside the jail. On LCD facility Bibi Jagir Kaur is being treated as any other jail inmate. No LCD TV or a dish antenna has been installed for her. Almost all the wards are already equipped with TV sets — Shashi Kant, DGP (Jails) On visitors Sources says Bibi sees more than 500 visitors daily On Sunday Bibi had 92 visitors in violation of jail rules Among those who have visited her during the past three days are Punjab ministers Bikram Singh Majithia, Sarwan Singh Phillaur, Ajit Singh Kohar and Gulzar Singh Ranike I have asked IG (Jails) Jagdip Singh to find out how many people are visiting Bibi daily. The jail manual stipulates that only close relatives and friends have visiting rights. There is no specified limit on the number of visitors — Shashi Kant, DGP (Jails)
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Badal tells officers not to work from camp offices
Chandigarh, April 3 A spokesperson of the Chief Minister's office here today said that Badal had taken a serious note of the growing tendency amongst senior officers to operate from camp offices at their residences. He specifically pointed out towards Deputy Commissioners and Senior Superintendents of Police in this regard. Badal warned the officers to shun this undesirable practice and asked them to function from their offices from 9 am to 5 pm. The Chief Minister asked them to discharge their duties with utmost dedication, honesty and professional commitment in public interest. He also asked the officers to maintain decorum and punctuality in offices to win over the confidence of the public. The Chief Minister also asked the officers to be present in their offices from 9 am to 5 pm from Tuesday to Thursday every week to carry out official work besides listening to grievances of the general public and directed them to keep their field visits and tours on other days.
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SGPC House
Amritsar, April 3 Addressing mediapersons after the executive committee meeting, Makkar said: "We have passed the budget of Rs 665.46 crore for the fiscal 2012-13 which is Rs 85.48 crore more than last year's budget of Rs 579.98 crore. The executive has also given its approval for expenditure up to July 31". Even the official release issued by the SGPC carried forward this confusion and went on to say that the executive has passed both the budget as well as the expenditure up to July 31. However, when contacted, SGPC decretary Dalmegh Singh clarified that they had not passed the entire year's budget, but had only given their nod to the expenses for the period April 1 to July 31. Interestingly, a note circulated by the SGPC mentions about the allocations made under various heads for the entire financial year, although with a footnote that the executive has passed one-third of these for the period up to July 31. Makkar claimed that the executive's move was not in violation of the Sikh Gurdwara Act, 1925, and they had acted as per the Supreme Court orders dated March 30. "We cannot place this budget before the General House as the old House has elapsed while the new House has been barred from functioning till the further orders of the court," he said. Later, two opposition members in the executive, Bhajan Singh Shergill and Mangal Singh Sandu, claimed that they walked out of the meeting after handing over the dissenting note as they felt that today's action was against the court orders. However, Makkar denied that they gave any dissenting note and claimed that the "budget" was passed unanimously. On the other hand, legal experts opine that the SGPC executive doesn't even have the power to pass the vote-on-account. Advocate BS Guliani of the Punjab and Haryana High Court said: "Section 119 of the Sikh Gurdwara Act, 1925, makes it amply clear that only the General House can pass or reject the budget and the same applies even if it is a vote-on-account. The executive can only frame the proposal and only the board (House) is competent to pass it. It cannot overlap the powers of the board."
Budget allocation When asked whether the executive's move is tantamount to contempt of court, he said it could be seen as contempt, but they had "definitely exceeded their powers". Former Sikh Gurdwara Judicial Commission chairman KS Patti also said the approval of the General House was a must even if it was a vote-on-account. He termed the prevailing scenario as "confusing". Sehajdhari Sikh Federation chief PS Ranu said they had no objection if the executive had passed the vote-on-account. "We were only against the convening of the meeting of the new House. If the executive has passed the expenditure for the next four months, it is good that they have remained within limits of the SC order," he added. Legal Opinion Section 119 of the Sikh Gurdwara Act, 1925, makes it amply clear that only the General House can pass or reject the budget and the same applies even if it is a vote-on-account — BS Guliani, advocate Sehajdharis say We were only against the convening of the meeting of the new House. If the executive has passed the expenditure for four months, it is good that it has remained within limits — Dr PS Ranu
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Centre reduces Punjab’s kerosene quota by 63%
Chandigarh, April 3 Officials in the Punjab’s Food and Civil Supplies Department said the matter was being taken up with the Union Ministry. The Ministry’s documents reveal that against the quarterly allocation of 67,500 kilo litres (KL) of kerosene for January - March 2012, Punjab’s share for April-June 2012 has been reduced to 24,936 KL, resulting in a reduction of 42,564 KL. Punjab Food and Civil Supplies Minister Adesh Partap Singh Kairon was not available for comments, but Food Supplies and Consumer Affairs secretary DS Grewal said the state was yet to get an official intimation in this regard. Shares of other states have also been reduced. Bihar's quota has been reduced by 0.27 per cent, Haryana's by 40.82 per cent, Himachal Pradesh’s by 20.19 per cent, Rajasthan’s by 0.08 per cent and Uttar Pradesh's by 0.02 per cent. Incidentally, the issue of alleged large-scale pilferage in distribution of kerosene through the PDS had rocked the Vidhan Sabha in October last when Congress MLA Sunil Jakhar had claimed that he had brought 10,000 affidavits from poor families, who were not getting kerosene. Jakhar, who is leader of Opposition in the new Vidhan Sabha, said on pilferage of kerosene, he had written to Prime Minister Manmohan Singh. “Punjab lifts over 23 crore litres of kerosene every year. Around 22 lakh families are entitled to get it. But it still does not reach all. The matter needs to be probed as genuine families that do not have gas connections are much less than 22 lakh,” he said. Meanwhile, members of the Punjab Wholesale Kerosene and LDO Dealers’ Association today went on an indefinite strike. Association president Gurjeet Singh Sidhu said the decision was not only anti-people, but would also affect the dealers who would be deprived of their livelihood.
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PIL on Saini’s removal as DGP
Chandigarh, April 3 As the matter came up for hearing, the Division Bench of Chief Justice Ranjan Gogoi and Justice Mahesh Grover asked the petitioner to inform the court about the initiatives taken by it so far in public interest. The Bench fixed April 17 as the next date of hearing on the petition, without taking cognizance of it. The petition against the Union Ministry of Home Affairs, Punjab Home Department, Sumedh Singh Saini and the CBI, has been filed by Voice for Freedom through its director Simranjit Singh. A resident of Mohali and a lawyer at the High Court here, Simranjit Singh is seeking directions for quashing Saini’s appointment as DGP on the grounds that it is in violation of the Supreme Court directions and against the spirit of the Punjab Police Act. The petitioner has referred to the recent decision of the Karnataka High Court, setting aside the appointment of the state
DGP.
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Panj Takhts Yatra Express by year-end
Chandigarh, April 3 This decision was taken by Badal at a review meeting with officers of the Tourism and Cultural Affairs Department here. Principal Secretary, Tourism, Geetika Kalha said a pact had been signed between the Indian Railways Catering and Tourism Corporation and the Punjab Heritage and Tourism Promotion Board to run the train.
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GND varsity VC gets extension
Amritsar, April 3 Prof Brar joined as VC on July 15, 2009. Prior to this, he was VC at the University of Lucknow. During his tenure, the university received a record Rs 170.65 crore grant from the Union Government, the UGC and the state government. “The university has risen to rank 13 in the top 50 universities of the country according to a survey conducted by India Today. The university reclaimed the highest sports award in the country, Maulana Abul Kalam Azad Trophy, for the year 2009-10. The university has won national championship in inter-university youth festivals,” a press note issued today said. With a career span of more than 35 years, Prof Brar has a vast working experience in education and research at prestigious national and international institutes in various capacities. He joined the Delhi-IIT as Assistant Professor of Chemistry in 1982 and rose to the position of Professor (Higher Academic Grade - HAG). He has been Joint Professor, Centre for Polymer Science and Engineering, Delhi-IIT. Prof Brar did BSc from Faridkot, Punjab, in 1968 and MSc from Punjabi University, Patiala, in 1970. He did PhD from the IIT-Delhi, in 1977. He joined as lecturer in Chemistry at Guru Nanak Dev University in 1976 and served the university for six years.
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Besides Rajoana, fate of 11 others hangs in balance
Patiala, April 3 Sources in the Home Department confirmed that 12 convicts in the state jails are awaiting decision on death penalties. Some of them sentenced in 2005 do not know their own fate as their pleas are awaiting decisions at various stages. “We have 12 convicts lodged in various prisons in the state. Despite their being a threat to the society for their proven acts of crime, we (state) are spending on their board and lodging”, the sources said. A jail official revealed that these convicts usually follow jail norms and seldom create a problem. But even these convicts are not sure of their fate. “The last hanging in India was done in 2004. A majority of these 12 convicts do not like to talk about it. But many of them are curious to know whether their pleas for turning their death sentence to life imprisonment will be accepted”, he stated. The convicts sentenced to death and languishing in the jails are Vikram Singh, Jasbir Singh, Balwant Singh Rajoana, Mohinder Singh, Suraj Ahluwalia, Resham Singh, Gurnayab Singh, Kulbir Singh, Gurmukh Singh, Saleem, Judge Singh and Gurwail Singh. While some were given the sentence in 2005 and 2006, others were awarded the penalty in 2007, 2011 and 2012. These convicts on death row are lodged in jails of Amritsar (3), Faridkot (4), Hoshiarpur (2), Ludhiana (2) and Patiala (1). Balwant Singh Rajoana is a death row convict who doesn't want clemency. He has refused to defend himself in any court since 1995 and has lashed out at the persons who have filed petitions on his behalf. Speaking to TNS, Punjab DGP (Jails) Shashi Kant said the convicts can be hanged once their pleas pending at various levels are cleared. “Till then they would continue to wait for their fate”, he stated. SC seeks details The Supreme Court on Tuesday directed the Centre to furnish details of 18 mercy pleas, including that of Parliament attack death convict Afzal Guru, pending disposal before the President. A bench of justices G S Singhvi and S J Mukhopadhaya also asked eminent jurist Ram Jethmalani to file written submissions on "whether the President should objectively apply mind while deciding mercy petitions". The court passed directions while dealing with the appeal filed by death convict Devender Pal Singh Bhullar, challenging the undue delay in the disposal of his mercy petition by the President.
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Harpreet was not murdered
Chandigarh, April 3 Bibi and others were acquitted of the murder charge on March 30. A copy of the judgment makes it amply clear that “it cannot be said by any stretch of imagination that accused Bibi Jagir Kaur developed a strong motive for eliminating Harpreet Kaur…” In his judgment running into 144 pages, the trial judge has categorically stated that the original defence version stood established that “on the fateful late evening of April 20, 2000, Harpreet Kaur got ill and started vomiting, had loose motions and went into acute stage of dehydration; and accused Bibi Jagir Kaur, at about 9.45 pm, called up Dr Tarsem Singh for immediately proceeding to Phagwara to attend to her ailing daughter Harpreet Kaur”. Additional Sessions Judge Balbir Singh has also made it clear that Harpreet Kaur was not apprehending danger to her life. “The inference, which the special public prosecutor wanted for the court to draw, that Harpreet Kaur was apprehending danger to her life and the life of (prospective groom) complainant Kamaljeet Singh and for that reason they had gone to Begowal or Chandigarh after her escape from Jasdil Mansion is not borne from the facts and the circumstances of the case. “Rather, the action of Harpreet Kaur and Kamaljeet Singh could possibly be with the purpose of remaining together...” “Had Harpreet been actually ill-treated and given beatings or treated like a servant and served food like an animal at Jasdil Mansion, Harpreet Kaur and Kamaljeet Singh at the first available opportunity after escaping would have reported the matter to the police and the higher authorities, if not in Punjab, at least in Haryana"
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Plot to protect Bibi’s fair name
Chandigarh, April 3 The judgment by Additional Sessions Judge Balbir Singh says: “The conspiracy had been hatched for terminating the pregnancy of Harpreet Kaur, with accused Bibi Jagir Kaur. However, because the status, political and social, of accused Bibi was to be safeguarded at all costs, the Bibi distanced herself from the process of executing the conspiracy and accused Dalwinder Kaur Dhesi, Paramjit Singh Raipur and Nishan Singh, along with approver Dr Balwinder Singh Sohal, took upon themselves to accomplish the object of conspiracy by keeping Bibi informed of the developments from time to time”. The judgment goes on to say: “There is no difficulty in accepting the version given by the approver regarding the clandestine manner in which Harpreet on the very early morning of March 19, 2000, was taken under sedation from Jasdil Mansion in a vehicle by accused Dalwinder and Paramjit, along with the approver, directly to Kapurthala at the clinic of Dalbir Kaur, staff nurse in the committee bazaar, where Dr Satpal, her husband, was also present. “According to the approver, he informed Dr Satpal that the pregnancy of the girl, his relative, was to be terminated as she was unmarried…. Dr Satpal and his wife Dalbir Kaur took Harpreet to the delivery room while she was still unconscious and medicines for abortion were administered to Harpreet by Dalbir and Dr Satpal. After examining Harpeet, they told him that the process would be lengthy and they had injected medicine ... and the abortion might take place within 24 hours and 72 hours….” The judgment adds: “If the versions given by the approver and Dalbir are closely scrutinised with the rest of the evidence of the prosecution, it transpires that a clear-cut effort seems to have been made by Dr Sohal apparently to help and save staff nurse Dalbir and her husband Dr Satpal, who jointly terminated the pregnancy of Harpreet Kaur while she was under sedation, without her consent…. “The prosecution has been able to prove that accused Dalwinder Kaur Dhesi, Paramjit and Nishan abducted Harpreet, who was a major, by deceitful means…. The prosecution has further been able to prove that Dhesi and Paramjit got the pregnancy terminated without Harpreet’s consent after keeping her under sedation” and this was done neither in good faith or for saving her life.
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Judical court at Nihalsinghwala inaugurated
Nihalsinghwala (Moga), April 3 Justice Puri said that people of the sub-division would get a lot of benefit from this court. Most of the civil and petty criminal cases of the area would be transferred to this new court. A full bench of the HC gave its consent to set up a court here in January this year. It was a long pending demand of the local residents, which has been fulfilled after many years, said Rajwinder Kaur, newly elected MLA of the area. — TNS
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The Central Bureau of Investigation failed to tie the loose ends of the noose around Bibi Jagir Kaur's neck. For 12 years, she lived with the noxious stigma of poisoning her daughter Harpreet Kaur for honour. But, when it came to trial, the "premier investigative agency" failed to make the murder charge stick.
Stuck in the legal tangle, the SGPC executive committee, headed by Avtar Singh
Makkar, today passed the vote-on-account to manage the SGPC affairs up to July 31 this year in light of the recent Supreme Court judgment, which has fixed July 26 as the next date of hearing.
Taking up a petition filed in public interest for removal of Sumedh Singh Saini from the post of Punjab Director-General of Police, the Punjab and Haryana High Court today asked the petitioner-NGO to prove its locus standi on the issue.
There was so much opposition and hullabaloo over the hanging of Balwant Singh
Rajoana, who was awarded the death sentence for the assassination of former Punjab chief minister Beant Singh. Not many are, however, aware that Punjab has as many as a dozen convicts awaiting decision on their death penalties. These convicts are languishing in the state prisons for the past several years with their clemency petitions pending either in the higher courts or before the President.
The influential duo