STATE Vs. GIAN SINGH

JUDGEMENT

(1.) The military action "Operation Blue Star" carried out in the Golden Temple complex at Amritsar had a series of aftermaths involving many horrendous incidents. In one such incident a leader of Sikh community, Sant Harchand Singh Longowal, was shot dead from close range distance on the evening of 20-8-1985. Appellant Gian Singh and 6 others were arraigned before a Designated Court under the Terrorists and Disruptive Activities (Prevention) Act, 1985 (for short "TADA 1985") for various offences connected with the said murder. The Special Judge of the Designated Court convicted the appellant of a number of offences including Section 3(2)(i) of the TADA 1985. He was sentenced to death for the said offence as the Special Judge noticed that no other alternative sentence was prescribed for that offence under TADA 1985. However, lesser sentences were awarded for the remaining offences of which too the appellant was convicted including Section 302 read with Section 34 IPC. This appeal was filed by the appellant as of right since it is so provided under Section 16 of the TADA 1985. The remaining 6 accused in the array of the indicted persons were found not guilty of any offence and hence they were all acquitted. Two others were also shown as participants in the same offences, one Harinder Singh alias Billa (he later died on account of the bullet wounds sustained) and one Jurnail Singh (he is now a proclaimed offender as his whereabouts are still untraced).

(2.) As appellant has been in jail for a period exceeding 14 years in connection with this case, his learned counsel seems to be disinterested in canvassing for an acquittal. But he focussed all his efforts to have the sentence brought down to imprisonment for life for the main offence as he feels that the maximum term of fourteen years which appellant has already spent in jail would help him to get the benefit of a release order from jail authorities. But the question of sentence need be considered only if his conviction is liable to be upheld because we are dealing with the first appeal which appellant, as of right, has preferred against his conviction passed by the trial Court.

(3.) The facts which led to the present case can be stated in brief: The State of Punjab was passing through a tortuous period during the first half of Nineteen Eighties. The State as a whole was then a terrorist infested area where killings of human beings with illegal firearms were a daily occurrence. Sant Harcharan Singh Longowal (hereinafter referred to as Sant Longowal was the President of Siromani Akali Dal which was a widely represented association of the Sikh community. Another association consisting of extremists of the Sikh community had recognised one Jurnail Singh Bhindaranwale as the leader. He was supported by another extremist faction called All India Sikh Students Federation (AISSF).