May 05, 2021

The Punjab and Haryana High Court on Tuesday held that “there are serious allegations against the petitioner of waging war against the Government of India and indulging in revival of terrorism and formation of Khalistan” and dismissed the bail plea of Jagtar Singh Hawara, in a 15-year-old case registered under sections of Arms Act, Explosives Act and waging war against Government of India, at PS 17 Chandigarh. 

Hawara, who is lodged in Model Jail of Chandigarh, in his bail plea had contended through his counsel that he is in custody for more than 15 years and the trial against him has not commenced in the case. He also stated that the other co-accused in the FIR had already been acquitted on May 27, 2010. 

Hawara’s counsel further contended that the petitioner, even if granted bail in the present FIR, would still not be released from custody as he is already serving life sentence in another FIR in 1995 and other cases are also pending against him. The only purpose of filing the present petition for regular bail, the counsel added, was to enable the petitioner to initiate his parole application in FIR 96, 1995. 

Public Prosecutor of Chandigarh Ashu Mohan Punchhi, however opposed the bail application of Hawara and contended that the petitioner is a dreaded criminal against whom 37 criminal cases had been registered and one of the cases in which the petitioner had already been convicted and sentenced was the assassination of the former Chief Minister of Punjab, Beant Singh. He further contended that the petitioner was by an order passed by the Delhi High Court in Criminal Appeal of 2007, sentenced to life in prison with the direction that he shall not be released from for the rest of his life. 

It was further contended by the Public Prosecutor that the trial in the case of the petitioner has not commenced due to very peculiar circumstances. A notification under Section 268 CrPC has been issued by the Chandigarh administration and the report is yet to be submitted of the same, only after which trial in the case could commence. The only purpose, as even stated by the petitioner in the petition itself, for filing the present bail petition was to enable the petitioner to initiate his parole application in FIR 96 of 1995. 

The bench of Justice Alka Sarin, after hearing the arguments said, “In the present case, there are serious allegations against the petitioner of waging war against the Government of India and indulging in revival of terrorism and formation of Khalistan. It has also been noticed by the Trial Court that it had already written to the authorities of Chandigarh Administration to intimate about the status of notification under Section 268 CrPC whereupon necessary orders of commencement of trial would be passed.” 

Thus keeping in mind the gravity of the offence, the Justice Sarin dismissed the plea of Hawara.

Source: https://indianexpress.com/article/cities/chandigarh/chandigarh-hc-dismisses-bail-plea-of-jagtar-singh-hawara-in-15-yr-old-case/