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HC paved the way for release of Bhai Lal Singh Akalgarh

May 25, 2011 | By Sikh Siyasat Bureau

Chandigarh (May 25, 2011): Hearing the plea of Bhai Lal Singh Akalgarh for release from Jail, the Punjab and Haryana High court has granted releaf of extended parole, till the Gujrat Government decides to redeem his imprisionment for life as per set norms of applicable jail manuals.

Lal Singh (50) alias Manjeet Singh is resident of Village Akalgarh, Tehsil Philaur in District Kapurthala of Punjab State. He was arrested in Gujrat on 19th of July in 1992. He was charged with Offences under Section 3(3) and 5 of TADA, Sec. 120-B of IPC, Section 5 of Explosive Substances Act and section 25 of Arms Act.

Advocate Jaspal Singh Manjhpur of SAD (Panch Pardhani) led by Bhai Daljeet Singh Bittu, informed SikhSiyasat Network that the case was heared at Punjab and Haryana High Court by Justice Nawab Singh and Advocate Vijay Jindal presented the case on behalf of Bhai Lal Singh.

He informed that the guideline laid by the the Supreme Court of India as to the basis on which a convict can be released prematurely are:
1. Whether the offence is an individual act of crime without affecting the society at large.
2. Whether there is any fruitful purpose of confining of this convict any more.
3. Whether there is any chance of future reoccurrence of committing crime.
4. Whether the convict has lost his potentiality in committing crime.
5. Socio-economic condition of the convict family.

On 30 October, 2011 the Gurjrat Governmetn rejected the premature release plea of Bhai Lal Singh by giving following reasons:
1. In this case offences are not an individual act of crime, but they affect the society at large.
2. Yes, there is fruitful purpose of confining of this convict any more.
3. Yes, there is chance of future reoccurrence of committing crime because the Government has received a negative police opinion from the Ahmadabad Police.
4. No, the convict has still his potentiality in committing crime.
5. Prisoner is involved in number of serious crime.

He inforemd that Bhai Sahib’s lawyer clarifications of above points in the court as follows:

“1. Primarily he had been convicted for keeping illegal fire arms, explosive and planning conspiracy for explosion but prosecution could not prove his connection with any armed action or explosion. When any incident had not happened at all, then how can it be said that the particular incident was going to affect the society at large.
Moreover he is convicted under 3(3) and 5 of TADA 1987 for life imprisonment. So under Section 433 and 433A of Cr.P.C. 1973 he is required to undergone 8 years and 6 months of actual imprisonment for premature release where as he has spend 16 years and 9 months of actual imprisonment.

2. The Gujarat Government has not explained the fruitfulness of confining the convict for more years particularly when he has already spend 20 years in jail without any jail offence and has availed parole on 16 times (putting together it makes 1 years and 10 months) without any complaint of antecedents or conduct.

3. This reason is wholly arbitrary the negative police report for the Ahmadabad Police is of no consequence. After the involvement of the petitioner in the present case he has never visited Ahmadabad during the period of parole, he has never visited Ahmadabad during the period of parole, he has never involved in any other case. There is no dispute pending in Ahmadabad or elsewhere.

The only & sole basis for determining chance of future reoccurrence of committing crime is the opinion of the Punjab Police where he happens to be confined. There was nothing adverse from state of Punjab which may go against him for the purpose of premature release. The Superintendent Jail, The District Magistrate of Kapurthala(his home district), The Senior Superintendent of Police of District Kapurthala, The village Panchayat has recommended his release.

This reason is merely an assumption because his record is absolutely clean. He has neither committed any jail offence nor has any complaint of antecedents or conduct during his periods of parole. Jail Superintendent has mentioned his conduct as “Good” (Which is very rare to be recommended). Moreover he has no relation with the co-convicts, so there is no reason of regrouping of accused. Palpably there is no basis of saying that he has still potentiality of committing crime. The reason of saying so is best known only to Government of Gujarat.
Instead of considering his socio-economic condition, the Government of Gujarat has said that he is involved in number of serious crime. This reason of Government of Gujarat is totally absurd and irrelevant particularly to the socio-economic condition. Moreover the reason that he involved in number of serious crime is absolutely wrong and factually incorrect. Neither he was accused in any other case earlier to this case nor does he have any complaint during his periods of parole and jail.

Whereas the socio-economic condition of his family is concerned, during this period of 20 years his parents had expired. His wife and daughter are living alone at home. The economic condition of his family has been ruined in absence of any earning hand.”

“After listening the pleas the court openined out that it was a genuine case of premature release, as per norms of law and applicable jail manuals” Manjhpur added. He further informed that the court has demeritted the openion of advisory board of Gujrat Government as inapplicable and inappropriate.

“It is expected that Bhai Lal Singh shall be released from Maximum Security Jail, Nabha in coming days” Manjhpur added.

Sikh bodies including Sikh Students Federation, Shiromani Akali Dal (Panch Pardhani), Sikh Federation Australia, Ek Noor Khalsa Fauj and Guru Granth Sahib Satikar Sabha have expressed satisfaction over the decision.

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Related Topics: Bhai Lal Singh Akalgarh, Panch Pardhani, Sikh Struggle for Freedom

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