India Supreme courth refuses clemency plea for Bhai Balwant Singh Rajoana

The Supreme Court on Friday refused to pass any order on a plea for clemency to Balwant Singh Rajoana, awarded death penalty for assassination of former Punjab Chief Minister Beant Singh.

A bench of justices T.S. Thakur and Gyan Sudha Misra said it cannot pass any direction as the convict has not filed any petition before it and the petitioner Abhinav Ramakrishna has no locus standi to plead on his behalf.

The apex court also allowed an NGO, Lawyers for Human Rights International, to withdraw its petition filed with a similar plea.

The bench told Abhinav Ramakrishna, an advocate, that since petition was filed under Article 32, it cannot be entertained as in no way, any fundamental right of the petitioner was violated.

In other words, the bench said, Article 32 provision could be invoked only by a person whose fundamental right is violated.

The NGO had contended in its petition that Rajoana was not properly represented during the trial of the case and he had also not filed any appeal in the Punjab and Haryana High Court against his conviction and capital punishment awarded by the trial court.

The NGO was seeking stay on the execution of Babbar Khalsa militant Rajoana’s death penalty, which was slated for March 31 but has already been stayed by the Centre. Rajoana is presently lodged in Patiala Central Jail.

The NGO had challenged the March 22 order of the Punjab and Haryana High Court which had dismissed a PIL against the lower court’s order convicting Rajoana and awarding death penalty to him.

It had said the decision in the case has not attained finality as the CBI has challenged in the apex court the commuting of death sentence to life term of co-accused Jagtar Singh Hawara.

“That it is submitted that the judgement by which the death sentence has been confirmed, is under appeal before the Supreme Court at the instance of the CBI.

“The special leave has been granted in an appeal against the conviction of Hawara. So the decision has not attained finality, therefore, the death sentence can not be executed,” the NGO had said in its petition.

Rajoana, a police constable and a close friend of another assassin Dilawar Singh Babbar, was the second human bomb to be used, in case the first one failed to kill Beant Singh on August 31, 1995.

The special CBI court had awarded death sentence to Rajoana and Jagtar Singh Hawara on August 1, 2007. Other co-accused Lakhwinder Singh, Gurmeet Singh and Shamsher Singh were sentenced to life imprisonment for hatching conspiracy to kill Beant Singh.

Rajoana did not appeal against the judgement. The death penalty of Hawara, who filed an appeal against it, was commuted to life term.

Bibi Jagir Kaur gets 5 years’ rigorous imprisonment,while acquitted of murder charges

Patiala, Punjab: Punjab minister Jagir Kaur was today convicted for conspiring in forcible abduction, kidnapping and wrongful confinement in connection with the killing of her daughter Harpreet Kaur 12 years back but was acquitted of the murder charge.

The minister was on Friday sent to Patiala Central Jail after a special Central Bureau of Investigation (CBI) court sentenced her to five years of imprisonment in three cases relating to Harpreet’s mysterious death in April 2000.

Jagir Kaur, who had been accused of getting her daughter murdered in an apparent case of honour killing, was found guilty of forcing Harpreet to abort her baby days before she died. She was also found guilty of abduction and wrongful confinement.

She was given five-year rigorous imprisonment in one case, three years in another and one year in a third case. All sentences are to run concurrently.

Harpreet was found dead under mysterious circumstances on April 20, 2000. She was cremated in a hurry without post mortem examination. Jagir Kaur had then said that her daughter died of severe food poisoning.

Later, her son-in-law Kamaljit Singh accused Jagir of plotting the murder of Harpreet as she did not approve of their marriage. He also claimed that a pregnant Harpreet was forced to abort her baby, days before she was killed.

Harpreet had married Kamaljit secretly against the wishes of Jagir, who was then the chief of Shiromani Gurudwara Prabandhak Committee (SGPC), the Sikhs’ highest religious body. The allegations forced her resignation from the post.

The case against Jagir was registered after Kamaljit approached the Punjab and Haryana High Court, which consequently ordered a CBI probe. Earlier this month, Kamaljit had written a letter to Punjab Chief Minister Parkash Singh Badal claiming that he and his family were being threatened by the police.

Rajoana clemency row: Gurdaspur remains under curfew

New Delhi: Gurdaspur will continue to remain under curfew on Friday after communal clashes that broke out in the city on Thursday over the issue of Rajoana execution that left one dead and one injured in police firing.

Two groups clashed on Thursday over clemency for Balwant Singh Rajoana, a convict in the assassination case of former Punjab Chief Minister Beant Singh.

Curfew was clamped following tensions between Shiv Sena activists and Sikhs.

"Curfew has been imposed in Gurdaspur City after tension mounted between some Shiv Sainiks and other youths, including Sikhs," Gurdaspur Deputy Commissioner Mohinder Singh Kainth said.

He said that the Shiv Sainiks had given a call for Gurdaspur bandh on Thursday in the wake of registration of cases against some persons following clashes during Punjab bandh on Wednesday.

During the Gurdaspur bandh, most of the establishments owned by Hindus were closed whereas those belonging to Sikhs were open, sources said, adding that resisting the move of Sikhs, the right-wing Hindu activists came face to face with them mounting tension in the city.

In order to disperse the two groups, police allegedly opened fire in which one person died and another was injured, sources said.

However, Kainth said that police resorted to firing to disperse the two groups in which one person was injured.

"We are verifying the facts whether the person was injured during the firing," he said.

The right wing organisations were protesting against the registration of cases against 14 Hindus following a scuffle during Punjab bandh on Wednesday, sources said adding that the police opened fire in air to disperse the mob in Hanuman Chowk in the heart of the border town.

Police also cane-charged and lobbed tear gas shells to disperse the mob of both the communities, sources said.

During the Punjab bandh on Wednesday, 14 Hindu youths had opposed the Sikh organisations to shut down the shutters of their establishments resulting in clash between the two groups. Normal life was crippled across the state which witnessed sporadic violence during the day-long shutdown, called by radical Sikh outfits, to protest the scheduled hanging of Rajoana.

Meanwhile, Kainth said that the situation was "under control".

Badal orders probe into Gurdaspur firing incident

Chandigarh, March 29,2012 - Punjab Chief Minister Parkash Singh Badal today ordered a magisterial inquiry into an incident of alleged firing at Gurdaspur, in which one person was killed and another injured. Stating this here today, a spokesperson of the Chief Minister's Office said Mr Badal directed Gurdaspur Deputy Commissioner Mohinder Singh Kainth to get the magisterial inquiry conducted at the earliest in a fair and impartial manner. The Chief Minister also appealed people of Punjab to exercise restraint and maintain peace, communal harmony and amity at all cost. Meanwhile, Gurdaspur Deputy Commissioner had entrusted the inquiry to the SDM Tajinder Pal Singh Sandhu and asked him to submit the report at the earliest.

Bathinda refinery to start in April

Bathinda, March 29
Guru Gobind Singh Refinery, an HPCL-Mittal Energy Limited project, will be inaugurated mid-April.

Prabh Das, Managing Director-cum-Chief Executive Officer of the company, today called on Punjab Deputy Chief Minister Sukhbir Singh Badal and thanked him for the Punjab Government’s cooperation in completing the Rs 21,500 crore mega project in a record time.

The Managing Director-cum-Chief Executive Officer said this was the largest investment in Punjab since Independence. The refinery, set up in 2008, had started refining mineral oil in August 2011, in less than 48 months. He said with the cooperation of the government, the company could construct a crude oil terminal and a 1017 km cross-country pipeline in just 27 months.

Sukhbir said with the full operationalisation of the refinery, the government would attract tertiary industry that could use the refinery byproducts as raw material. For this purpose he had asked the Industry Department to set up an Industrial Park on 200 acres in the vicinity of the refinery.

The Deputy Chief Minister said that this refinery, tertiary industry and service sector would provide employment to thousands of youths.

About the project

n Claimed to be the largest investment in the state since Independence

n Rs 21,500 crore mega project, that was started in 2008, has come up in record time

n Crude oil terminal and a 1,017 km cross-country pipeline built in just 27 months

n Bathinda refinery, tertiary industry and service sector will provide employment to thousands.

Punjabis against capital punishment: Wadala

Jalandhar, March 29
Veteran SAD leader and SGPC member Kuldip Singh Wadala today said that the overwhelming response to the Punjab bandh call yesterday showed that all communities were against capital punishment.

“It is for the first time that irrespective of their religious or social affiliations, people belonging to all communities have come forward to oppose capital punishment. The success of the bandh clearly indicates that the Punjabis are united on the issue of capital punishment,” Wadala said while addressing mediapersons here today. He said he was thankful to the Akal Takht Jathedar, the CM, the Deputy CM, the PPCC chief and Beant Singh’s kin for opposing the hanging of Balwant Singh Rajoana. “Even the BJP did not oppose it. I am specially thankful to the Home Minister,” Wadala added.

Tension grips Gurdaspur, one killed, one hurt in police firing

Mar 29, 2012,

GURDASPUR: Tension gripped Gurdaspur town after one person died and another was critically injured reportedly in police firing.

According to reports a group of organisations of Gurdaspur had given a call for bandh after police had registered cases against members of another group during the call for Punjab bandh on Wednesday.

On Thursday, police intervened when one group tried to close the establishments of another group and they entered into an altercation. Trying to bring the situation under control, police opened firing when members of a group began pelting stones on it following which one person was killed and another seriously injured.

While downplaying the incident deputy commissioner Gurdaspur Mohinder Singh Kainth said, "One person has died but so far we don't know how he died or who brought him here." He, however, said police was probing the incident.

Nod to Panchayat Amendment Bill

Now, sarpanches to be elected directly by voters, earlier panches used to choose them
Chandigarh, March 28
The Vidhan Sabha today passed the Punjab Panchayati Raj (Amendment) Bill, 2012, to provide for "wardbandi" and reservation of panches offices by deputy commissioners.
The elections to gram panchayats next year would now be held under the amended provisions. By doing so, the state government has reverted to the old system where the villagers directly used to elect a sarpanch.
The old system had been altered and the panches were given the power to elect a sarpanch from among themselves. As a result, at times even a person who did enjoy much support in a village used to become a sarpanch. Minister for Rural Development Surjit Singh Rakhra said the amendment had been necessitated as the previous system of indirect elections had been leading to factionalism in villages, which was hampering development.
The Bill, the last item of the day's agenda before the House was adjourned sine die, was passed without much debate. Only Tripat Rajinder Singh Bajwa of the Congress rose to make a suggestion that reservation in panchayats should also be provided for categories other than women and Scheduled Caste. But, Speaker Charanjit Singh Atwal overruled it saying such an amendment could not be brought at this stage. Earlier in the day, the House passed the vote-on-account approving Rs 14,245 crore as expenditure for three months from April 1 to June 30.
Finance Minister Parminder Dhindsa presented the supplementary demands and the vote-on-account before the House. He assured the House that the promises made in the elections manifesto would be taken care of in the regular budget.
Congress Legislature Party (CLP) leader Sunil Jhakhar pointed out that the SAD-BJP government had promised unemployment allowance of Rs 1,000, increase in old age pension to Rs 500 and an enhanced Shagun Scheme. But the vote-on-account did not have any provisions for this. He said provisions should be kept and an additional Rs 120 core should be added for unemployment allowance, Rs 150 crore for increased pension and Rs 90 crore for Shagun Scheme as these people should not be made to wait for three months if the government was serious about implementing its promises.
Congress legislator Ashwani Sekhri said the Punjab Government must also keep aside Rs 142 crore as 1 per cent matching grant contribution to get central funds under the Jawahar Lal Nehru Urban Renewal Mission (JNURM) for 138 cities in Punjab that required repair of roads, sewerage, etc. But, Atwal said it was not possible to make any amendments at this time.

CBI court convicts Punjab cabinet minister Jagir Kaur in Harpreet case

 

A special CBI court in Patiala today convicted Punjab cabinet minister Bibi Jagir Kaur in the murder case of her daughter Harpreet Kaur, who died under mysterious circumstances in 2000.

The court held Bibi Jagir Kaur guilty under Section 120-B, 313, 365, 344 of IPC but acquitted her under section 302.She was sentenced to 5 years of rigorous imprisonment and fined Rs 5,000.

Accused Paramjit Singh, Dalwinder Kaur Dhesi and Nishan Singh were held guilty under Sections 365 and 344. Dalwinder and Paramjit were also convicted under Section 313. Accused Harminder and Satya Devi were acquitted of all charges.

Bibi Jagir Kaur and other convicts were later arrested and sent in judicial custody for 14 days after the pronouncement of the court order.

Bibi Jagir Kaur is the only woman in the state cabinet and holds the charges of three department, including rural water supply and sanitation.

The CBI had registered an FIR in the case following Punjab and Haryana high court orders, after Kamaljeet Singh of Begowal approached it accusing Bibi Jagir Kaur of conspiring the murder of Harpreet.

Harpreet had a love affair with Kamaljeet of Begowal village, where Bibi Jagir Kaur runs a dera. The former SGPC chief was against their marriage.

According to Kamaljit, he and Harpreet had secretly married and the latter was six-month pregnant when she was murdered at the behest of Jagir Kaur at Phagwara.

Last week, Kamaljit had written to Punjab chief minister, seeking security in view of the upcoming verdict.

Several witnesses turning hostile as the case progressed in CBI court. Even complainant Kamaljit Singh turned hostile, only to reaffirm the charges later.

The Central Bureau of Investigation (CBI), the prosecuting agency in the case, had framed charges of criminal conspiracy, abortion without woman's consent, wrongful confinement, kidnapping, murder and destroying evidence against Bibi Jagir Kaur, Dalwinder Kaur, Paramjit Singh, sub-inspector Nishan Singh, Satya, Harvinder Kumar and Sanjeev Kumar, besides others.

According to the CBI, Dalwinder poisoned Harpreet by mixing phenobarbitone into her food. As per the prosecution, Bibi Jagir Kaur asked Dr BS Sohal, a medical officer at the Sant Baba Prem Singh dispensary, Begowal, to suggest a poison to kill Harpreet after she allegedly failed to persuade her daughter to leave Kamaljit.

Timeline

April 20, 2000: Bibi Jagir Kaur's daughter Harpreet Kaur dies mysteriously; cremated a day later without post-mortem examination or inquest

April 27, 2000: Kamaljit Singh files petition in Punjab and Haryana high court, alleging that his wife Harpreet was murdered

September 2000: High court orders CBI probe into case October 2000: CBI arrests Dalwinder Kaur Dhesi and Paramjit Singh Raipur, a Phagwara-based couple, on the charges of forcible abortion, conspiring to murder and destruction of evidence

November 2008: Accused-turned approver Dr BS Sohal dies in road accident at Amritsar

March 17, 2012: Court completes trial

March 30: Bibi Jagir Kaur held guilty

Rajoana hanging stayed

New Delhi, March 28
The Union Ministry of Home Affairs on Wednesday stayed the hanging of former Punjab Chief Minister Beant Singh’s assassin, Balwant Singh Rajoana. 
The convict was supposed to be hanged on March 31 at a jail in Patiala. Punjab Chief Minister Parkash Singh Badal and his son Sukhbir Singh Badal announced the decision of the MHA by showing the letter they received from the ministry to the media. Earlier, the Chief Minister called on President Pratibha Patil and sought clemency for Rajoana. 
The MHA acted on a plea filed by the Shiromani Gurdawara Parbandhak Committee and has informed the Principal Secretary, Home (Punjab) about its decision. The SGPC cited Article 72 of the Constitution to seek clemency for Rajoana. The President has powers to grant pardons, to suspend, remit or commute sentences in certain cases under this Article. 
Joint Secretary (MHA), JL Chugh, in his orders passed tonight, said: “As per the procedure regarding petitions for mercy in death sentence cases, the execution of Balwant Singh Rajoana is stayed till the order of the Supreme Court in the matter of the criminal appeal no 2277/2022 and 1464/2011 or till the order of the President on the said mercy petition, whichever is later”. Rajoana’s case is unique as he has not sought clemency for his act. The special CBI court had awarded death sentence to Rajoana and Jagtar Singh Hawara in the Beant Singh case on August 1, 2007. Three others - Lakhwinder Singh, Gurmit Singh and Shamsher Singh - were sentenced to life imprisonment for hatching the conspiracy to kill Beant Singh. A Chandigarh court had issued death warrants to Patiala jail authorities earlier this month, asking them to hang Rajoana on March 31. Rajoana did not appeal against the judgment. 
The death penalty of Hawara, who filed an appeal against it, was commuted to life term. Sukhbir Singh Badal told reporters that clemency for Rajoana was not a political issue. The residents of Punjab want him to be pardoned, said the Deputy CM of Punjab.

Rajoana village celebrates

As soon as news of the stay on Rajoana’s hanging reached his native village Rajoana Kalan, a wave of joy swept through the village. The villagers were seen bursting crackers and congratulating one another. Village sarpanch said, “We are very happy about the stay. We thank all those who supported the cause”.

Decision in interest of peace: Gurkirat

Chandigarh: Gurkirat Singh Kotli, Khanna MLA and grandson of the late Beant Singh, said the stay on the execution would ensure long-term peace in Punjab. “The hard-earned peace achieved after several sacrifices, including that by martyr Beant Singh, cannot be jeopardised and any step in the interest of peace and harmony will always be supported by us”, he said.

Capt lauds decision

Chandigarh: Appreciating the stand taken by the UPA Government, PPCC chief Capt Amarinder Singh said the decision will go a long way in maintaining the hard-earned peace in Punjab. Appealing to the people of the state to maintain peace at all costs, he pointed out that the Congress-led UPA Government respected the sentiments of the people of Punjab. 

Khalsa March put off

Amritsar: Dal Khalsa leader Kanwar Pal Singh has stated that the Panthic outfits have postponed the Khalsa March which was scheduled to start on Thursday in view of the stay on Rajoana’s hanging. A group of Panthic outfits had given a call to start a march from all three Takhts in Punjab to Patiala on March 29. Meanwhile, Akal Takht Jathedar Giani Gurbachan Singh has hailed the Centre’s move to stay the execution of Balwant Singh Rajoana.

Bandh hits life in Punjab; Akal Takht appeals for peace

March 27,2012 - A day-long bandh called by Sikh outfits to protest the proposed execution of Balwant Singh Rajoana, convicted in the Beant Singh killing case, disrupted normal life in Punjab on Wednesday. Akal Takht Jathedar Giani Gurbachan Singh has meanwhile appealed for maintenace of peace and harmony Reports from Amritsar, Jalandhar, Ludhiana, Tarn Taran, Bathinda, Ropar and Patiala said that the bandh hit normal life. Sikhs in Jammu also observed a bandh during the day, with reports saying that protesters had blocked the Jammu-Pathankot road.

In Patiala, the call for bandh evoked total response in the city where Rajoana is lodged in the local central jail awaiting his execution on March 31 as per Chandigarh sessions court orders.

The situation in the industrial town of Ludhiana was peaceful. Restaurants and eating houses were open while commercial establishments in some markets were partially open. Government offices were open  but the attendance was thin, a report said.

A report from Bathinda also said that roads were deserted in the city as people observed a bandh. Protesters had blocked the Bathinda-Mansa road, the report said.

A report from Amritsar also said that bandh call evoked good response from people, with shops in the walled city downing their shutters. Reports said people were also unhappy over disruption of normal public transport services in the state.

Bandh was also observed in Jalandhar and Kapurthala, with security forces patrolling the streets to prevent any violence in the two places.

In Jalandhar, a few Sikh activists tried to barge into State Bank of India and Oriental Bank of Commerce of branches. However, timely intervention of police and paramilitary jawans brought the situation under control.

In Phagwara, the bandh was complete in the city located on the Delhi- Jalandhar national highway. Road traffic was plying normally though passengers using public transport were few.

Section of Sikhs took to streets in some areas carrying flags as security personnel patrolled sensitive areas to maintain peace.

Hardliners Dal Khalsa, Khalsa Action Committee and Khalra Mission organisation had urged the Sikh community to voluntarily shut down their business establishments and observe the day-long bandh peacefully.

Security forces have been conducting flag marches at key locations in the state to instill confidence among the people. Security around Patiala central jail where Rajoana is lodged had been beefed up with erection of additional security points.

Special control rooms have been set up in the districts to keep an eye on the movement of protestors.

On the directions of Akal Takht, prayers are being held at different places in the state in support of Rajoana.

In Kapurthala, a complete bandh was observed today as all commercial establishments remained closed, a report said adding Pepsu roadways and private buses remained off the road.

Tension prevailed in Gurdaspur town when some shopkeepers at Bata Chowk asked the police to provide security to them to open their shop but members of a Sikh organisation forced the shopkeepers to close their shops.

They also forced the authorities of Axis bank to close the bank. The tension was defused when the police disperse the agitators, a report from Batala said.

In Mohali, normal life was badly disrupted following the bandh call.

All shops and commercial establishments, private schools, colleges and banks were closed as the protesters took out marches through various parts of Mohali, Kharar and other parts of the district.

Shivalik hills up for sale?

Dealers illegally carve out farmhouse sites after levelling hillocks

Mirzapur (Kurali), March 25
On the pretext of levelling agricultural land that has been freed (de-listed) from the provisions of the Punjab Land Preservation Act (PLPA), 1900, unscrupulous property dealers have virtually put the eco-fragile Shivalik hills here for sale.
In a bid to make quick money, the land mafia is selling farmhouse sites to outsiders after cutting undulating hillocks. The investors are being taken for a ride as they are being sold the land that cannot be fragmented under the latest guidelines of the Revenue Department. Moreover, the nature of the land in the forest area cannot be changed. But at certain places there were traces of uprooting of trees in complete violation of the Forest Conservation Act (FCA).
In connivance with villagers, property dealers have started levelling small areas on both sides of a seasonal rivulet, which passes through the Shivalik hills. A visit to the site revealed that locals had been engaged in levelling of small chunks of land and huts were being erected.
To lure outsiders, milestones painted in white have been erected on both sides of the paths leading to the farmhouse sites. Some of the investors were being shown a site plan with a promise that in a few months a metalled road would be constructed to the farmhouse sites.
Revenue officials at Majri tehsil said that shares of local residents in the forest area were being illegally transferred despite a ban on it.
Divisional Forest Officer, Mohali, Vishal Chauhan said after the issue came to his notice, a particular property dealer had been stopped from doing any illegal activity. He claimed that no violation had taken place in the area under the PLPA. The claim of landowners that their land had been de-listed was being verified.
Activities such as felling of trees, construction, levelling of land, laying of new roads, etc stand banned in the area under the Indian Forest Act, 1927, Forest Control Act, 1980, and the Punjab Land Preservation Act, 1900. Also, these Acts empower forest officials not only to stop construction work, but even arrest violators, if any, and confiscate their machinery.
Locals lament that despite complaints, forest officials were adopting a wait and watch policy and were not acting against property dealers who were flouting rules and could be seen roaming in the area.
Last year, the Forest Department was caught napping when a politician-turned-property dealer had carved out roads for farmhouse sites in Majri block comprising five villages - Bhagindi, Gurdha, Kasauli, Jyanti Majri and Karaundewala.
"It is a systematic scam in which unscrupulous elements in connivance with revenue officials are tampering with land records to encroach upon others' share and then level hillocks for monetary gains. It cannot happen without the blessings of politicians and senior officers," said a local resident.