Eleven years after four inmates of the high-security Burail jail escaped by digging a 104-ft tunnel, the court of Chief Judicial Magistrate Anubhav Sharma on Tuesday acquitted all 14 accused, barring escapees Babbar Khalsa International chief Jagtar Singh Hawara and BKI India Operations chief Paramjeet Singh Bheora, in the case.
The remaining two escapees, including Jagtar Singh Tara — who was arrested from Thailand in January this year, will be tried separately. The fourth one, Devi Singh, has been declared a proclaimed offender.
Five jail officials were purportedly involved in the case, including the then jail superintendent DS Rana. All were let off after the prosecution failed to prove charges against them.
While one of the accused, Baljit Kaur died during the course of the trial, another accused, Gurwinder Singh Goldy, was declared a proclaimed offender as he failed to appear in the court following his bail.
On the intervening night of January 21 and 22, 2004, Jagtar Singh Hawara, Jagtar Singh Tara, Paramjit Singh Beora and their cook and murder accused Devi Singh, lodged in cell no. 7 of Munda Khana Barrack, were found missing from the jail.
Meanwhile, sentenced for life in the Beant Singh assassination case, both Hawara and Bheora stay lodged in Delhi’s Tihar Jail. In their case, the CJM observed, “Since they have already undergone sentence more than the prescribed for these offences, therefore, they are already released from custody in this case vide order dated September 29, 2010, passed by my learned predecessor. Their custody period is treated as their full sentence.”
Though Bhai Narain Singh Chaura was acquitted, he too would continue to remain behind bars as he was lodged in Amritsar jail in another case.
“I am very happy. Prosecution failed to prove the baseless charges against me. I had accepted that I used to meet them (Hawara, Bheora and Tara) but I was never involved in tunnel conspiracy,” Chaura, who was brought to the CJM court, said after the verdict.
While the fourth escapee, Devi Singh, still remained a proclaimed offender, the police were yet to file a charge-sheet in the case of the third escapee Jagtar Singh Tara, who was arrested on January 7 this year from Thailand.
Amongst the jail officials, who have been acquitted, include the then Superintendent DS Rana, the then Deputy Superintendent DS Sandhu, Assistant Superintendent PS Rana, Deputy Superintendent VM Gill and Warder Inder Singh. They were booked on the ground that they had conspired with the accused to facilitate their escape.
Several witnesses in the case turned hostile in the court and defence was able to prove that the recovery was planted making the case against the rest of the conspirators fall flat.