Between emotions and the law

With emotions & politics taking precedence in the case of Bandi Singhs, Sanjeev Verma takes a look at issue through the legal lens, zeroing in on final authorities which could provide relief.
The Mohali-Chandigarh border near Yadavindra Public School, one of the most prestigious schools in Punjab, has been an exception for the past two months — the monotony of the straight, tree-lin ed road leading from the Punjab town to the state capital is broken by an encampment of Nihang Sikhs and farmers right next to the school.
The Qaumi Insaaf Mo rcha, or what means "justice front of the community" in Punjabi, completed two months of its continuous protest, to demand the release of nine Sikh men who have been in prison for 17 to 32 years, on March 8. Colloquially called Bandi Singhs, these men have been undergoing prison terms for crimes described as heinous in though, legal speak. For the protester s, the men just went to the extremes for the community. Given the lack of a solid assurance from the government, no one really knows how long the protest will last.
The morcha has been getting support from several groups, including farm unions. The Punjab and central governments' assurances have not convinced the protesters. For them, the imprisoned men are not coming out till the governments act.
Seven of these men have been convicted in connection with the August 31, 1995, assassination of the then Punjab CM, Beant Singh. They include six who have been given life terms — Gurmeet Singh, Lakhwinder Singh, Shamsher Singh, Jagtar Singh Hawara, Jagtar Singh Tara and Paramjit Singh Bheora. The seventh, Balwant Singh Rajoana, was sentenced to death in 2001. The other two life convicts include Gurdeep Singh Khera and Davinderpal Singh Bhullar. With political mudslinging taking pr ecedence in the emotive issue, TOI attempts to bring out clarity on the issue and the legal provisions involved.
Imprisonment till last breath?
It is a settled position of law by the Supreme Court in several judgments that life imprisonment means imprisonment till the end of the convict’s life. In one of the rece nt judgments dated August 3, 2021, the Supreme Court in ‘The State Of Haryana vs Raj Kumar @ Bittu’ said, “We follow Godse case to hold that imprisonment for life lasts until the last breath, and whatever the length of remissions earned, the prisoner can claim release only if the remaining sentence is remitted by government. ” Therefore, it is clear that remission of the balance of a sentence cannot be claimed as a matter of absolute right by the convicts, but he or she only hasthe right to apply for remission or premature release. In another judgment, the division bench headed by the incumbent Chief Justice of India D Y Chandrachud in ‘Ram Chander Vs State of Chhattisgarh & Anr’ held on April 22, 2022: “While the court can review the decision of the government to determine whether it was arbitrary, it cannot usurp the power of the government and grant remission itself. ” The court can direct the government to consider the case afresh.
Who decides on premature release?
Since Gurmeet Singh, Lakhwinder Singh, Shamsher Singh, Jagtar Singh Hawara, Jagtar Singh Tara, Paramjit Singh Bheora and Balwant Singh Rajoana committed the crime in Ch andigarh and had been convicted by Chandigarh’s special CBI court, the Chandigarh administrator is the competent authority to allow or deny their premature release petitions. But, as Rajoana was awarded death sentence, the Supreme Court on March 2 reserved its judgment on the plea to commute his death sentence to life imprisonment on the grou nd of delay in considering the mercy plea for Rajoana filed by the Shiromani Gurdwara Parbandhak Committee (SGPC) before the President of India in 2012. Rajoana had refused the assistance of a counsel to defend himself in court.
Similarly, as Gurdeep Singh Khera has been convicted for a crime committed in Karnataka, the governor of that state is the final authority. Likewise, as Bhullar has been convicted of a crime in Delhi, the lieutenant governor of Delhi is the competent authority for remission.
The Supreme Court has held that the prematu re release or the remission of a convict has to be considered as per the remission policy of the state in which the crime has been committed. In ‘Maru Ram Vs Union of India’, the Supreme Court has cleared that powers of the President under Article 72 of the Constitution and of the governor under Article 161, to remit or commute sentences, “ can be exercised by the central and state governments, not by the President or governor on their own. The advice of the appropriate government binds the head of the state”.
Remission or premature release
Section 433A of the Code of Criminal Procedure (CrPC), 1973, says that where a sentence of life imprisonment is imposed on a convict for an offence for which death is one of the punishments provided by the law, or where a sentence of death imposed on a person has been commuted under Section 433 of the CrPC into imprisonment for life,such person shall not be released from prison unless he had served at least 14 years of imprisonment. Going by this provision, at least eight of these Sikh prisoners are elig ible to apply for premature release since Rajoana’s death sentence is yet to be commuted to a life sentence.
Factors that govern the grant of remission by the government include whethe r the offence is an individual act of crime without affecting society at large, whether there is any chance of future recurrence of committing the crime, whether the convict has lost his potentiality in committing the crime, whether there is any fruitful purpose of confining the convict anymore, and the socio-economic condition of the convict's family.
Refusal to recommend premature release
Since there had been adverse reports from the district magistrates based on the inputs of concerned SSPs of the home districts of these Sikh life convicts in the Beant Sing h assassination case, their premature release plea had been declined many times by the Chandigarh administrator. In one such case, the Chandigarh administrator had on August 3 0, 2018, and then on October 31, 2022, declined the premature release of Gurmeet Singh based on the reports of SSP and district magistrate of his hometown Patiala and district and sessions judge of Chandigarh, since he was convicted by the special CBI court of Chandigarh. Considering the totality of facts, the administrator did not find it a fit case for release, st ating: “His premature release will be dangerous to society. ”
The district and sessions judge had remarked “no grounds are made out for premature release” of Gurmeet Singh. Gurmeet h ad been released on parole numerous times because of his ‘good conduct’ while undergoing the sentence.
Punjab jail manual
The manual says convicts whose death sentence has been commuted to life or those who have been imprisoned for life for offences for which death is a punishment, have to undergo 14 years of actual imprisonment for premature release. These provisions are also applicable in Chandigarh
Morcha Pleadings Remission to Rajiv killers
Qaumi Insaaf Morcha representatives have been arguing that all nine Sikh prisoners have completed much more than the 14 years of actual imprisonment for consideration of their premature release and five of them had been coming out on regular parole based on good conduct. The morcha wants the Punjab government, like the Tamil Nadu government had in 2018 recommended remission of life sentence of the assassins of former Prime Minister Rajiv Gandhi, should also at least back premature release of Sikh prisoners by taking up these cases with the concerned authorities or state governments. The protesters also expect that since all these convicts are from Punjab, at least the concerned authorities of their home districts should take a humanitarian approach not to refuse their premature release.
Backtracking on promise
The protesters also accuse the central government of going back on its promise to release eight Sikh prisoners and commute the death sentence of one Sikh prisoner in November 2019 on the 550th birth anniversary of Guru Nanak Dev as a humanitarian gesture.
Bilkis Bano convicts
The Mmrcha representatives also question that when 11 convicts undergoing life sentence for rape and murder of 14 people in the infamous Bilkis Bano case of post-Godhra riots can be released after 18 years, why cannot Sikh prisoners be released as they have been in jail for longer than their sentence.
Blue Star trauma
President of the SGPC, the apex religious body of Sikhs, also submitted a memorandum demanding release of nine Sikh prisoners to President Droupadi Murmu during her visit to Amritsar on March 9. “They (prisoners) had chosen this path of struggle following the 1984 Operation Blue Star by the then Congress regime,” reads the memorandum.
Bandhi Singhs in jail for 17+ years
1. Gurdeep Singh Khera
*Native of Jallupur Khehra village in Jandiala Guru, Amritsar district.
*In prison for 32 years. Lodged in Amritsar central jail.
*Availing regular parole
*A Tada (Terrorist and Disruptive Activities Prevention Act) court in Karnataka sentenced him to life imprisonment on December 15, 2001, in a blast and murder case registered at Bidar in 1990. He has been in custody since December 6, 1990. His case is pending before the Karnataka high court.
2. Davinderpal Singh Bhullar
*Native of Dialpura Bhai Ka village in Bathinda district.
*Imprisoned for 28 years. Lodged in Amritsar central jail at present.
*Availing regular parole
*A Delhi Tada court had on August 25, 2001, awarded death sentence to Bhullar after convicting him in a bomb blast case of Delhi in 1993, in which nine persons were killed and then Indian Youth Congress president Maninderjit Singh Bitta was injured. The Supreme Court commuted his death sentence to life imprisonment on March 31, 2014. Bhullar has been in custody since January 1995.
3. Jagtar Singh Hawara
*Native of Hawara village in Fatehgarh Sahib district.
*Imprisoned for 27 years. Lodged in Tihar central jail of Delhi. No case pending in Delhi court against him.
*Hasn’t availed parole
*Facing trial in Mohali court in another case registered in 2005 at Kharar police station under Explosives Substances Act and Arms Act.
*Awarded death sentence by the special CBI court of Chandigarh on July 27, 2007, for the 1995 assassination of then Punjab CM Beant Singh. A human bomb, Dilawar Singh, had assassinated Beant Singh and 17 others on August 31, 1995, outside Punjab civil secretariat. The Punjab and Haryana high court had on October 12, 2010, commuted his death sentence to life imprisonment. He was in custody from 1995 till January 23, 2004, when he escaped from Burail jail. He was re-arrested in June 2005. He was convicted by the Chandigarh trial court in the jailbreak case on August 11, 2015.
4. Balwant Singh Rajoana
*Raikot, Ludhiana district
*In Patiala central jail
*Hasn’t availed parole
*A former constable of the Punjab Police, he was awarded death sentence by the special CBI court of Chandigarh on July 27, 2007, for the assassination of Beant Singh. Punjab and Haryana high court upheld his death sentence on October 12, 2020. His execution was scheduled for March 31, 2012. The Union home ministry stayed his execution on March 28, 2012, on a clemency appeal moved by Shiromani Gurdwara Parbandhak Committee (SGPC). The Akal Takht awarded him with the title of ‘Living Martyr’ on March 23, 2012. He has been in custody since 1995. The Supreme Court on March 2, 2023, reserved judgment on the plea to commute his death sentence to life imprisonment.
5. Lakhwinder Singh alias Lakha
*Native of Kansal village in Ropar district
*Imprisoned for 27 years. Lodged in Burail model jail of Chandigarh
*Availing regular parole
*He is a former constable of Punjab Police. He was awarded life imprisonment by special CBI court of Chandigarh on August 1, 2007, for the assassination of Beant Singh. He has been in custody since 1995.
6. Gurmeet Singh
*Native of Guru Nanak Nagar in Patiala
*Imprisoned for 27 years. Lodged in Burail model jail of Chandigarh
*Availing regular parole
*A former constable of Punjab Police, he was awarded life imprisonment by the special CBI court of Chandigarh on August 1, 2007, for the assassination of Beant Singh. He has been in custody since 1995.
7. Shamsher Singh
*Native of Ukai Jattan village in Rajpura of Patiala district
*Imprisoned for 27 years. Lodged in Burail model jail of Chandigarh
*Availing regular parole
*He was given life imprisonment by the special CBI court of Chandigarh on August 1, 2007, for the assassination of Beant Singh. He's been in custody since 1995.
8. Paramjit Singh Bheora
*Native of Bheora village in Ropar district
* Imprisoned for 25 years. Lodged in Burail model jail
*Hasn’t availed parole
*Awarded life imprisonment by the special CBI court of Chandigarh on March 30, 2010, for the assassination of Beant Singh. He has been in custody from 1997 to January 23, 2004, when he escaped from the Burail jail in Chandigarh. He was re-arrested in March 2006. He was convicted by the Chandigarh trial court in the jailbreak case on August 11, 2015.
9. Jagtar Singh Tara
*Native of Dekwala village in Ropar district
*Imprisoned for 17 years. Lodged in Burail model jail of Chandigarh
*Hasn’t availed parole.
*He was awarded life imprisonment by the special CBI court of Chandigarh on March 17, 2018, for the assassination of Beant Singh. He was initially arrested in September 1995 from Delhi but escaped from the Burail Jail on January 23, 2004. He was later arrested in Thailand in January 2015. He had gone into hiding in Pakistan for many years before moving to Thailand. He was convicted in the jailbreak case on November 8, 2021