'Incriminating Materials Propagating The Cause Of Khalistan Recovered From Them':P&H HC Dismisses Plea To Suspend Sentence Of 2 Men

The Bench of Justice Jaswant Singh and Justice Sant Parkash opined that it was not a fit case where the concession of suspension of the remaining sentence of the applicants/appellants could be extended.

The matter before the Court

The applicants/appellants filed an application under Section 389 Cr.P.C. for grant of suspension of sentence in a case under Sections 121 and 121-A IPC and Sections 10 and 13 of the Unlawful Activities (Prevention) Act, 1967, Police Station, Rahon.

It was prayed that since they have already undergone actual sentence of approximately 4 years and 08 months out of total sentence awarded to them i.e. rigorous imprisonment for life, the concession of suspension of the sentence may kindly be extended.

Arguments put forth

The counsel for the applicants-appellants submitted that they have been falsely implicated in the instant case only on the basis of literature, books, and pamphlets recovered and material shared on the Facebook by one of the applicants-appellants, namely, Arwinder Singh.

It was further contended that the entire case of the prosecution revolved around the disclosure statements of the applicants-appellants, which are inadmissible in evidence, as those were recorded in the police custody.

It was also argued that neither any weapon of any kind nor any explosive substance was found in possession of any of the applicants-appellants and, therefore, it would be a farfetched argument that the applicants-appellants intended to wage war or even attempted to wage war against the Government of India or even conspired to commit such offence.

He also argued that the Prosecution could not bring anything tangible to prove that applicants-appellants were members of the banned unlawful assembly "Babbar Khalsa International" or they have ever committed, abetted, advocated, advised or incited the commission of any unlawful activity.

On the other hand, the State counsel argued that it was proved on record that applicant No.1-Arwinder Singh, being an active member of banned terrorists' group "Babbar Khalsa International" was inciting the young Sikhs followers to join the said organization.

He submitted that all the applicants-appellants waged war against India and indulged in anti-national activities. Applicant No.1-Arwinder Singh instigated and inspired applicant No.2-Surjit Singh @ Lucky personally on Facebook for encouraging armed struggle.

It was also submitted that the recovery of the printed material from the possession of the applicants-appellants was sufficient to incite and encourage the young generation to involve themselves in the anti-national activities.

Significantly, he argued that since they were propagating the cause of Khalistan and in the given circumstances, no concession of suspension of the sentence should be extended to them.

Court's Order

Noting that it is not a fit case where the concession of suspension of the remaining sentence of the applicants/appellants can be extended, the Court remarked,

"It has been established on record that incriminating material, propagating the cause of Khalistan was recovered from the possession of the applicants-appellants. A reasonable inference can be drawn that the primary object of keeping and distributing such material was the establishment of Khalistan on Baisakhi."

Significantly, the Court also noted,

"The applicants-appellants kept the aforesaid material with them with the intention of using the same for propaganda and inciting the people to resort to violence with a view to wage war against the Government of India, so that an independent State/Nation in the name of Khalistan be formed."

Thus, observing that the offence, alleged to have been committed are very serious in nature, the Court didn't find any merit in the instant application and the same was dismissed.

Case title - Arwinder Singh @ Ghoga and Ors. v. State of Punjab [CRM-5937-2019 in CRA-D-165-2019]

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