NEW DELHI, India: Twenty seven year old Hardev Singh, accused by the police of being “hardcore terrorist” was transferred from one jail to another for 19 months, subjected to the worst kind of mediaeval Chinese torture, before the law realized he was innocent,
He was acquitted last week by the chief judicial magistrate, Jammu, V. Sagar, of the Foreigners and Passport Act cases registered against him by the police. in June this year, H.S. Bahri, presiding Officer, designate court under Terrorist and Disruptive Activities (Prevention) Act, 1985, had discharged him and ordered his release,
“There is no prima facie i ‘criminating material before me to ‘connect the accused with the offenses alleged against him .justice Bahri observed in his judgment. Hardev’s case is the first ever terrorist case in which the accused has been discharged after trial under the Terrorist and Disruptive Activities (Prevention) Act, 1985. Hundreds of such cases are pending trial and in some cases even charge sheets have yet to be filed, it is reliably learnt.
Hardev was arrested by the Jammu police in November, 1985. He was accused of having planned to assassinate Prime Minister and the President, and threatening to blow up Vashno Devi and Parliament while in session, with the MPs inside.
According to the challan filed by the Jammu police against him “accused” Hardev Singh along ‘with accused Dr, Paramjit Singh and Bachiatar Singh had conspired in London after the operation “Blue Star” at Amritsar to achieve their goal of creating “Khalistan” and for that purpose (organize the Sikh community, Further, they will enter into India to disrupt peaceful atmosphere and create terrorism amongst the masses and unite Sikh youth, under AISSF, In this connection they held a meeting in London and in that meeting it was decided to get ammunition in India and for financial assistance they will commit robberies in the banks in India,” the challan added.
The letter produced by Jairnala before the chief judicial magistrate, Jammu, evoked the remark “the accused had a passport when he was arrested by the police and the same was taken away by the raiding party along with his be longings. In these circumstances I find that the prosecution case has no basis”
Not only did the police frame charges against Hardev to brand him a hardcore terrorist but for the first two months after his arrest, he ‘was not produced before any magistrate, who is mandatory under Jaw, his lawyer said. “He has faced hardcore state terrorism and others like him are facing the same, Terrorism in any form should be condemned but what about hardcore terrorism that innocents suffer,” she added.
“If you really want peace you cannot trample on human dignity and civil liberties”, Jairnala said.
Finally, to quote from a Supreme Court judgment in the case of Bhim Singh, against whom charges had been framed by the police, “Police officers who are the custodians of law and order should have the greatest respect for the personal liberty of citizens ant should not flout the laws by stooling to such bizarre acts of lawlessness, Custodians of law and order should not become depredators of civil liberties, Their duty is to protect and put to abduct”.
The judgment passed by Supreme Court justice C. Chinnappa Reddy and V. Khalid in November, 1985, had placed accountability on the state for the police action and argued for compensation. “When a person comes to us with the complaint that he had been arrested and imprisoned with mischievous or malicious intent and that his constitutional and legal rights were invaded, the mischief or malice and the invasion dmay not be wished or washed away by his being set free”, the Supreme Court justices had observed.
The police further claimed credit for having foiled! plans “to destroy Indian army vehicles to create terrorism”. The prosecution cited 23 witnesses to substantiate its claim. “I have perused the statements of the above referred witnesses very carefully in the light of the allegations leveled against the accused in the challan and am sorry to say that the evidence cited by the prosecution is quite irrelevant”, the special designate judge observed.
Justice Bahri came down heavily on the prosecution and stated, “no incriminating recoveries have been effected from the accused”, Further “there is absolutely nothing in the statement of these witnesses to prima face show that the accused had conspired in London anywhere else to indulge in terrorist or disruptive activities in India for create in’ “Khalistan” the judge added
‘Justice Bains on to add, “the terial placed before me in no way discloses any criminal offenses against the accused person! The seven page order passed by Justice Bahri, acquitting Hardev of the terrorist charges levied against him by the State, has reinforced his faith in justice and civilized norms of the society. Nineteen months in jail, two months of which were spent in joint interrogation centers in Jammu and Delhi and in solitary confinement, has changed him, A British citizen, Hardev had sold off his takeaway food joint at South Hall in London and had come to India to start an import-export business. Hardev was picked up by the
Police from a bus bound for Sri nagar on November 17, 1985, though the police claimed to have arrested him on Nov. 27 from a hotel in Jammu, their version, full of contradictions, was tom to shreds by Hardev’s lawyer, Jairnala A jublant Jairnala who was instrumental in Hardev’s release said “every single statement made by the prosecution disproved their case”.
The police had registered eases against Hardev under the Foreigners Act and Passport Act, alleging that Hardev had entered the country with Hough a passport or relevant travel papers, Their stand was contradicted by a letter from the first secretary (consular) at the British High Commission saying British passport, no. 973121 E, Was issued to Hardev in London ‘on August 27, 1985 (he came to India nearly two months later.
Article extracted from this publication >> September 18, 1987
