Abolish Death Penalty India: Beant Singh assassination case: Jagtar Singh Tara gets life imprisonment (Punjab)

Monday, December 24, 2018

Beant Singh assassination case: Jagtar Singh Tara gets life imprisonment (Punjab)

By Express Web Desk |New Delhi |Updated: March 17, 2018 5:55:01 pm

Beant Singh assassination case: Confessing his crime in January, Jagtar Singh Tara had submitted a letter to the court stating, “I have no regret for killing Beant Singh”.

Jagtar Singh

A day after pronouncing Jagtar Singh Tara guilty in the case of assassination of former Punjab Chief Minister Beant Singh, the district court of Chandigarh on Saturday sentenced him to life imprisonment. “The Court has passed the order for life imprisonment for him,” Tara’s lawyer said. Chief Secretary of Shiromani Gurdwara Parbandhak Committee, Roop Singh said, “Jagtar Singh Tara murdered Beant Singh out of emotions and not due to land or property dispute. Murdering someone is bad but he has been given punishment after 22 years. It’s painful for family as well as for the Sikh community.” Confessing his crime in January, Tara had submitted a letter to the court stating, “I have no regret for killing Beant Singh”. He had also said that Shaheed Udham Singh, who assassinated Michael O’Dwyer, was his inspiration to kill Beant. He also admitted that he purchased the car used for the assassination of Beant and they all waited for the best opportunity to kill the former CM.

As per the defence counsel, in the letter, Tara had stated that he took inspiration from Sikh history and tradition, which taught him not to bear injustice, and the circumstances at that time were intolerable when innocent Sikh youths were being brutally murdered. Earlier, Balwant Singh Rajoana was also convicted in the assasination case. The Chandigarh police had arrested nine persons for the assassination of Beant Singh while six others booked in the case were later declared proclaimed offenders by the court. Beant was killed in a bomb blast outside Punjab and Haryana secretariat on August 31, 1995. The explosion had killed 17 others, including Punjab Police constable Dilawar Singh, who acted as a human bomb. Tara was charged under sections 302 (murder), 307 (attempt to murder), 120-B (criminal conspiracy) of the Indian Penal Code and under Sections 3 and 4 of the Explosive Substances Act.

The trial began in the district court in 1995. However, in 2004, Jagtar Singh Tara, Jagtar Singh Hawara and Paramjeet Singh Bheora escaped from the high-security Burail Model Jail in Chandigarh after digging a tunnel. In 2006, Jagtar Singh Hawara was arrested by the Punjab Police from Patiala. Among those convicted, Jagtar Singh Hawara and Balwant Singh Rajoana were sentenced to death. However, Hawara appealed in the Punjab and Haryana High Court, which commuted his sentence to life imprisonment. Currently, he is lodged in Tihar jail in Delhi. Rajoana, who did not appeal against the death sentence, is currently in Patiala jail. Among the other convicts, Shamsher Singh, Gurmeet Singh and Lakhwinder Singh were sentenced to life imprisonment and Naseeb Singh was sentenced 10 years of imprisonment.

Source: https://indianexpress.com/article/india/beant-singh-assassination-case-jagtar-singh-tara-gets-life-imprisonment-5101201/ (Accessed 24 December 2018)

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The Death Penalty Scenario in India

India is one of the 193 countries that retains death penalty. There has always been a few imminent judges who have pronounced compelling verdicts upholding the rights of prisoners on death row. There has been increasing debate in various platforms advocating abolition of death penalty or at least to rethink sentencing policies in India. The Indian government has however always been committed to the retention of the death penalty, irrespective of their political ideology. India has voted against a United Nations General Assembly (UNGA) draft resolution on the use of death penalty, saying it goes against the statutory law of the country where an execution is carried out in the "rarest of rare" cases. India retains the death penalty as punishment for a number of crimes including murder, kidnapping, terrorism, desertion, inducement to suicide of a minor or a mentally-retarded person and has more recently in 2013 come to include the offence of rape in certain circumstances. Most recently, there is an outrage over child rape and murder.

After observing an unofficial moratorium of 8 years in India, the Indian Government in November 2012 carried out the execution of Ajmal Kasab, convicted in the Mumbai attacks case, without public knowledge. This was followed by the secret execution of Afzal Guru, convicted in the Parliament attack case of 2001, in February 2013, under similar circumstances, without intimating his immediate family or affording a chance of judicial review. In both cases, the executions were carried out under covert operations conducted by the Government immediately upon rejection of their mercy petitions. Before these executions, the last execution to be carried out in India was that of Dhananjoy Chatterjee in 2004 who was convicted of rape and murder and which sentence was carried out after he had spent 13 years in solitary confinement. Following this, several mercy petitions of death row convicts have come to be rejected. The fear of execution of such convicts is imminent. Bolstered by the Government's unapologetic conduct and public outcry, especially in recent cases of rape and murder reported in the country, the courts are continuing to hand down death sentences at an alarming rate.

In the recent past, there have been a few empirical studies (mainly four) conducted with prisoners on death row. This has highlighted the situation of prisoners on death row.

(1) Most recently the India Exclusion Report 2017-18 found that fair trial rights and guarantees are reduced to a nullity and seeks to breach the citadel of the collective silence. It further said that Convicts on death row in India belong to groups marginalised along the axes of caste, religion, economic vulnerability and educational deprivation, and their fair trial rights, though a part of the Right to Life guaranteed by the Constitution, are invariably non-existent, a survey of 371 out of the 385 persons living under the death sentence and their families has revealed.

(2) Another study was The Death Penalty Research Project (2015) which was conceived with an aim to document the socio-economic profile of prisoners sentenced to death in India and map their experience within the criminal justice system.

There were two other academic studies that were done conducted by Dr. Reena Mary George –

(3)“Voices of prisoners surviving the death row in India” (2014) done through the University of Vienna under the guidance of Prof. Dr. Christoph Reinprecht (Sociology) and Prof. Dr. Manfred Nowak (Law and Ex-United Nations Rapporteur on Torture). George’s research highlights three salient features, namely: poverty, social exclusion and marginalisation are antecedent to death penalty; death penalty is a constructed account by the state machinery; and prisoners on death row situate dignity higher in the juxtaposition of death and dignity.

(4) Another one “Death Penalty – A Human Rights Perspective” (2009) done through the University of Mumbai under the guidance of Retired Justice Hosbet Suresh. This was a study in Maharashtra with the objectives to firstly study the impact of death penalty on the social, mental, and physical being of the inmate and secondly, to study the perception of opinion leaders on death penalty with reference to human rights. All the above reports are public documents.

According to the National Crime Records Bureau, Prison Statistics 2015, there are 101 prisoners sentenced to death. The actual figure of sentences originally awarded is much higher considering the death sentences of 49 convicts came to be commuted to life imprisonment in the said period. As of today, almost in 2019, the figures are unknown through government statistics, however, research centres claim this figure to be around 371 convicts. During the 1980s the Supreme Court sought to restrict the use of the death penalty by characterizing it as a punishment reserved only for the “rarest of the rare” cases. The doctrine has not had the desired effect. According to a former chief justice of the Delhi High Court, Rajindar Sachar: “after the rarest of rare doctrine was introduced in 1980, the Supreme Court confirmed death penalty in 40 per cent of cases in the period 1980-90 while it was 37.7 per cent between 1970 and 1980. For the high courts it rose from 59 per cent in 1970-80 to 65 per cent during 1980-90”. Over the past two decades the death penalty has been extended to include more crimes and been handed down with increasing frequency.

Most recently while commuting a sentence in Supreme Court (2018), Justice Joseph did not seek the reconsideration of the Bachan Singh judgment, but only sought to re-examine the purpose and practice of the death penalty, and whether as a punishment, it serves any goal at all. In other words, the death penalty can continue to remain constitutionally valid because of the Bachan Singh judgment, but its application in substantive cases coming before the court must be restricted to only those cases which meet the criteria laid down in that case.

While updating the blog and conducting my own empirical studies, I observed the heinous nature of the crimes that were committed and thought about the families, about their loss, about the victims who for no fault of their own died. If I lost my relative or a dear friend, would I still oppose death penalty and would I still advocate to abolish the death sentence? Having worked in the criminal justice system and also having the seen the other side, where often it is the marginalized, vulnerable and oppressed who are on death row makes me want to advocate for abolition of this punishment. Victims should definitely get justice for their loss, for their pain. No one should escape the rule of law. As long as humanity exists; crime will exist. Should we not re-consider our sentencing policies?

Reena Mary George

Abolish Death Penalty India

Monday, December 24, 2018

Beant Singh assassination case: Jagtar Singh Tara gets life imprisonment (Punjab)

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