State Vs. Arwinder Singh @ Ghoga & others. ~1~ SC No.15 of 2017. IN THE COURT OF RANDHIR VERMA, ADDITIONAL SESSIONS JUDGE, SHAHEED BHAGAT SINGH NAGAR. (UID No.PB-0165) Sessions Case No.15 of 2017. Date of institution:22.03.2017. CIS No.SC/37/17. CNR No.PBSB01000970-2017. Date of decision:31.01.2019. State Versus 1. Arwinder Singh @ Ghoga, aged about 29 years, son of Gurnam Singh, resident of Village Pallian Khurd, PS Rahon, District SBS Nagar. 2. Surjit Singh @ Lucky, aged 27 years son of Tek Singh, resident of Village Bahadur Hussain, PS Rangar Nangal, District Gurdaspur. 3. Ranjit Singh, aged about 29 years, son of Kashmir Singh, resident of Village Noch, PS Sadar Kaithal, District Haryana. FIR No.82 dated 24.05.2016, Under Sections 121 and 121-A IPC and Sections 10 and 13 of the Unlawful Activities (Prevention) Act, 1967, Police Station, Rahon. Present:Sh.Davinder Kumar, Additional Public Prosecutor for the State. Accused Arwinder Singh @ Ghoga in custody with Sh.HK Bhambi, Advocate. Accused Surjit Singh @ Lucky in custody with Sh.Rajan Sareen, Advocate. Accused Ranjit Singh in custody with S/Sh.Sarabjit Singh Bains and HL Suman, Advocates. JUDGMENT: Station House Officer, Police Station Rahon, District SBS Nagar has sent the challan against the above named accused for the offences punishable under Sections 121 and 121-A IPC and Sections 10 and 13 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter State Vs. Arwinder Singh @ Ghoga & others. ~2~ SC No.15 of 2017. referred as the 1967 Act). The case was received in this Court by way of entrustment on 22.03.2017. 2. Briefly stated, case of the prosecution is that on 24.05.2016 SI-Gurdial Singh alongwith other police officials was present at T-point, Jadla Road, Rahon in connection with patrolling duty and checking of suspected persons, where DSP Mukhtiar Rai, PPS alongwith his gunmen and other police officials came and joined the police party. Thereafter, check post was arranged and at about 10:18 pm, he received secret information to the effect that Arwinder Singh son of Gurnam Singh, resident of Village Pallian Khurd is active member of terrorist organization known as ‘Babbar Khalsa’ and has returned to India from Doha Qatar about 7-8 months ago. He has been enticing Sikh youth for recruitment in the aforesaid terrorist organization and has been planning to wage war against India. He has also been indulging in anti national activities. He can fire a particular community and explode bomb blast. Finding this information credible and trustworthy, ruqa was scribed and was sent to the police station. On the basis of which, FIR was registered and the investigation of this case was taken over by DSP Mukhtiar Rai. 3. On 25.05.2016, accused Arwinder Singh @ Ghoga @ Mitha Singh was nabbed from bus stand, Rahon and he was arrested in this case. One mobile phone make Samsung was recovered from him. Thereafter, Arwinder Singh made disclosure statement. On the basis of which, remaining accused were arrested and objectionable/anti-national material was recovered from the possession of the accused. Data from the mobile phones being used by the accused was also taken out with the help of IT State Vs. Arwinder Singh @ Ghoga & others. ~3~ SC No.15 of 2017. experts and the same was also taken into police possession. Statements of witnesses were recorded. 4. After completion of investigation and all other necessary formalities, the challan was presented against the accused under Sections 121, 121-A IPC and Sections 10 and 13 of the 1967 Act in the Court of learned Area Magistrate. 5. On appearance of the accused in the Court, copies of challan and necessary documents as relied upon by the prosecution were supplied to them free of costs as required under Section 207 Cr.P.C. The learned Area Magistrate committed the case to the Court of Sessions. The case was later on entrusted to this Court. 6. Finding a prima facie case under Sections 121 and 121-A IPC and Sections 10 and 13 of the 1967 Act against the accused, they were charge sheeted accordingly, to which they pleaded not guilty and claimed trial. 7. In order to bring home guilt of the accused, prosecution has examined HC-Prem Kumar as PW-1, HC-Daljit Singh as PW-2, HC- Jarnail Singh as PW-3, Sudhir Kumar as PW-4, Sukhwinder Singh as PW- 5, Dalbir Singh Virk as PW-6, Gagandeep Singh as PW-7, Amarjyoti as PW-8, Kulwinder Singh as PW-9, HC-Charanjit Singh as PW-10, HC- Bagga Singh as PW-11, Sunil Kumar as PW-12, HC-Ram Pal as PW-13, ASI-Sodhi Singh as PW-14, Mandeep Singh as PW-15, SP Jain, Nodal Officer as PW-16, Harvinder Singh, Nodal Officer as PW-17, SI-Gurdial Singh, Investigating Officer as PW-18, Inspector Ved Parkash as PW-19, Mohinder Pal as PW-20 and DSP-Mukhtiar Rai as PW-21. No other State Vs. Arwinder Singh @ Ghoga & others. ~4~ SC No.15 of 2017. evidence was led by the prosecution and thereafter, learned Additional Public Prosecutor for the State closed evidence of the prosecution. 8. On closure of the prosecution evidence, statements of the accused under Section 313 Cr.P.C. were recorded, in which all the incriminating evidence appearing against them from the prosecution evidence was put to them, to which they pleaded false implication and innocence. They opted to lead evidence in defence. 9. In defence, accused have examined Bhajan Singh as DW-1, Nirmal Singh as DW-2, Mahal Singh Dhillon as DW-3 and Sukhdev Singh as DW-4. No other evidence was led by the accused and thereafter, accused closed their defence evidence through video conferencing. 10. Learned Additional Public Prosecutor has argued that Arwinder Singh son of Gurnam Singh, being active member of terrorist group ‘Babbar Khalsa International’, which has been declared unlawful, has been inciting young Sikh followers to join said organization. The accused have waged war against India and have also indulged in anti- national activities. He has further argued that having been doing aforesaid activities, they could demolish unity and integrity of India. He has also argued that accused Arwinder Singh inspired accused Surjit Singh personally on facebook for encouraging armed struggle. 97 books, 198 photographs and 13 photographs of Sikhs, who had died in the Saka of 1978 and 1000 books in connection with biography of Sukhdev Singh Babbar were recovered from him. He has further argued that accused Arwinder Singh also inspired accused Ranjit Singh and started working on the directions of Wadhawa Singh Babbar, Karanvir Singh, resident of State Vs. Arwinder Singh @ Ghoga & others. ~5~ SC No.15 of 2017. Village Daroli, P.S. Adampur at present Pakistan, Jujhar Singh Babbar son of Wadhawa Singh Babbar, resident of German, Gurpreet Singh Babbar, resident of California and Akalroop Singh Babbar, resident of England, who were connected through facebook and mobile and has worked on their directions to take this armed war further. A mobile phone make Samsung having sim No.7087911369 was recovered, which was taken into police possession. He has further argued that Surjit Singh accused contacted accused Ranjit Singh for Sikh struggle and they had pasted posters of the formation of Khalistan on the occasion of Hola Mohalla at Anandpur Sahib. He has also argued that flex printings regarding establishment of Khalistan and books in connection with Operation Blue Star alongwith passport were recovered from accused Ranjit Singh on the basis of his disclosure statement. He has further argued that organization ‘Babbar Khalsa International’ has been declared illegal under the 1967 Act. Lastly, he has prayed to convict and punish the accused as per law. 11. These contentions have been rebutted by learned defence counsel contending that accused have been falsely implicated in this case. They have further argued that the accused remained in police custody and any confessional statement of the accused recorded in the police custody is illegal and inadmissible as per Evidence Act. Same can not be read against the accused. It has also been argued that the passports recovered from the accused were genuine and possession of posters/flexes and other material allegedly recovered from the accused do not attract any offence. It has also been argued that PW-9, independent witness to the alleged recovery on the basis of disclosure statement of Arwinder Singh has not State Vs. Arwinder Singh @ Ghoga & others. ~6~ SC No.15 of 2017. supported the prosecution case. 12. They have further argued that nothing has been produced on record by the prosecution that the money received by the accused from foreign countries was for unlawful or anti national activities. They have further argued that neither any weapon of any kind nor any explosive substance was found in the possession of any of the accused, hence, it can not be said that the accused have waged or attempted to wage war or abetted waging of war against the Government of India or conspired to commit offences for which the accused have been charged. They have further argued that there is nothing on the file to suggest that the accused are/were members of unlawful association ‘Babbar Khalsa International’ or that they have taken part in or have committed or have advocated, abetted, adviced or incited the commission of any unlawful activity. It has been also contended that the acts of posting objectionable/allegedly seditious material on social media, such as face book or having received some money from abroad or sending booklets abroad cannot amount to waging or attempting or abetting or conspiring to wage war against the Government of India, nor render the accused liable for any of the offences for which the accused have been charged.