HC upholds acquittal of Hawara, Tara in Model Jail conspiracy case
More than two decades after UT Additional Sessions Judge acquitted Jagtar Singh Hawara and Jagtar Singh Tara, among others, in a case alleging attempt to break the Model Jail at Burail in Chandigarh, the Punjab and Haryana High Court has upheld the acquittal order. RDX in the shape of “pinnies” was allegedly recovered in the matter.
Hawara and Tara were accused in Punjab’s then chief minister Beant Singh’s assassination case. They were acquitted of all charges against them, including those under the provisions of the Explosive Substances Act.
The Bench of Division Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma at the same time upheld the conviction of one Balwinder Singh for forgery and other offences under Sections 419, 468 and 471 of the IPC. The prosecution stems from the Beant Singh’s assassination in August 1995, following which a number of accused were arrested, including Hawara and Tara. It was alleges that one Satnam Singh falsely represented himself as Charanjit Singh during his visits to Tara and Hawara at Burail Jail. A request for name verification revealed no such individual existed in the stated village.
The prosecution case was that the police on June 11, 1998, apprehended Satnam Singh on suspicion. On search, a box like the one containing sweets was recovered from the possession of the accused, containing RDX in the shape of “pinnies”. The “weight of RDX in pinnies shape was found to be one kg and 100 gms”, it was alleged. It is also alleged that Satnam Singh was directed by Hawara to collect money from a person and to hand over that amount to accused Balwinder Singh “as price of the explosive material”.
The Bench asserted the trial judge's reasons for acquitting the co-accused were well-founded, primarily based on the inconsistent testimonies of prosecution witnesses. These witnesses retracted their earlier statements, which were documented in writing. After being declared hostile by the trial judge, they underwent rigorous cross-examination by the public prosecutor but failed to provide any substantial evidence or clarifications.
The witnesses' denials during their examinations-in-chief contradicted their prior statements to police, indicating a lack of credibility in their testimonies. As a result, their retractions could be viewed as significant and justified. Consequently, there was no reliable evidence on record to substantiate the allegation that a conspiracy was formed to blow up the Model Jail in Burail, where the accused were imprisoned. Thus, the charges against the accused lacked a credible evidentiary basis.
