NEW DELHI: Balbir Singh, acquitted in the assassination case of India’s former Prime Minister Indira Gandhi, has moved the central administrative tribunal, seeking his reinstatement as sub inspector in Delhi police with retrospective effect.

In a petition, Balbir Singh sought setting aside of the Match 16, 1985, order dismissing him from Delhi police, as he had been acquitted by the Supreme Court in the assassination case.

Balbir Singh, in his mid-forties submitted that he was the only earning member of a large family comprising his wife, a widowed sister and four minor children and had no source of income to support them.

Balbir Singh, who joined the Delhi police in April 1967, was arrested following the October 31, 1984 assassination of Indira Gandhi. At that time he was posted as sub-inspector in the prime minister’s security.

After an eight month trial in the high security Tihar Jail, Bihar Singh along with Satwant Singh an assassin of Indira Gandhi and Kehar Singh a conspirator was sentenced to death on January 22, 1986. The Delhi high court confirmed the sentence in December that year.

However, the Supreme Court, while upholding the death sentence awarded to Satwant Singh and Kehar Singh, acquitted Balbir Singh on August 3, 1988.

In the petition filed before the tribunal by his advocates Vijay Chaudhary and R.M Tiwari, Balbir Singh alleged that the prosecution “‘concocted and fabricated a false story,” to arrest him.

“It is a settled principle of law that when a person is acquitted of all charges leveled against him the very basis or foundation of the dismissal order is shattered,” Balbir Singh said

Balbir Singh further alleged that his dismissal order was 2 result of a ‘‘deep rooted conspiracy hatched by the special investigation team in connivance with higher officials and political bosses who were controlling the mind of the prosecution.”

He submitted that his dismissal was violate of articles 14, 16, 21 and 39 (A) of the Indian Constitution.

Article extracted from this publication >> May 4, 1990