Court acquits alleged top BKI operative in terror case

A local court has acquitted an alleged top operative of banned terror outfit Babbar Khalsa International (BKI) who was arrested here in 2006 for purportedly firing at a police team and possessing explosives and arms.
The court acquitted Paramjeet Singh Behora, who was said to be BKI's chief in India after the arrest of Jagtar Singh Hawara, observing that two of the accused who were apprehended along with Behora were earlier acquitted on similar charges.
Additional Sessions Judge Reetesh Singh said there were several inconsistencies in the version of police regarding the apprehension of the accused and recovery of arms and explosives.

"Hence, not only in view of the acquittal of similarly situated co-accused Bhupinder Singh and Jasbir Singh but also in view of the inconsistencies in the version of prosecution witnesses qua Paramjeet Singh, coupled with the fact there is no public witness associated with his apprehension or recoveries effected from him, benefit of doubt in the case of prosecution has to go in favour of Paramjeet Singh," the court said.
Behora was acquitted of the charges punishable under various sections of IPC, Explosive Substance Act, Unlawful Activities (Prevention) Act and Arms Act.
According to the police, Behora was apprehended along with Bhupinder Singh and Jasbir Singh on March 20, 2006 when they were passing through the G T Karnal Road here in a car.

It had claimed that on the basis of a secret information, a police team was constituted and after they saw Behora's car, they asked him to stop but he fired at the police officials.

The police alleged that Behora, Bhupinder Singh and Jasbir Singh were apprehended and on inspection of the car, four Kg RDX, three detonators and other ammunitions were recovered.
During the adjudication of the case, the trial against Jasbir, Bhupinder and co-accused Harpreet Singh was separated as Behora, who was taken to Chandigarh in connection with the cases lodged against him there, was not produced before the court here.

In 2010, the court had convicted Jasbir for the offence under section 471 (using as genuine a forged document) of IPC while Harpreet was held guilty for offence under section 467 (forgery of a valuable security) of IPC.
During the trial, Behora had denied all the allegations
levelled against him and had claimed that he was implicated in the case.
The court, in its order, said that police had claimed that Behora was arrested with Bhupinder and Jasbir from the car and arms and ammunition were recovered from them but in view of the judgements of superior courts, benefit of acquittal of these two accused would have to be given to Bheora as well.

It also said that the version of police regarding the manner of apprehension and recoveries was "not reliable".
"The above inconsistencies give rise to doubts in the case of the prosecution that the accused was apprehended from the spot and recoveries made from him in the manner as claimed. In the absence of public witnesses, the testimonies of police witnesses has to be put to greater scrutiny," the court said.