In a significant development, the Punjab Government has granted an exemption from prosecution to gangster Jaggu Bhagwanpuria, who was the first individual named in a First Information Report (FIR) under the Unlawful Activity (Prevention) Act (UAPA). This decision has ignited a political firestorm, with the Shiromani Akali Dal (Badal) accusing the ruling Aam Aadmi Party (AAP) government of collaborating with criminals who have allegedly destabilized the state.
Background of the Case
The case dates back to January 11, 2023, when the Punjab Police registered an FIR based on secret intelligence. The FIR implicated Jagdeep Singh, popularly known as Jaggu Bhagwanpuria, along with Jaspal Singh alias Honey, Yuvraj Singh alias Cheena, and Nishan Singh, among others. They were accused of engaging in unlawful and anti-national activities, including plots to target Hindu leaders in Punjab, which fall under sections 17, 18, and 20 of the UAPA, as well as violations of the Arms Act and Indian Penal Code (IPC).
Evidence and Confession Issues
During the investigation, Bhagwanpuria, who was already incarcerated at the time, was taken on production warrants. The police challan presented in court included statements from co-accused and Bhagwanpuria's own "confession" made while in police custody. However, in a recent turn of events, the Punjab Government declined sanction to prosecute him, stating that all evidence against him was solely based on this confession.
The competent authority in court emphasized that, under Section 25 of the Indian Evidence Act, confessions made in police custody are not admissible as evidence. The official response read, "As regards the accused Jaggu Bhagwanpuria, there is no other evidence except his confession before the police, which is hit by Section 25 of the Indian Evidence Act, not being admissible in the eyes of the law. Consequently, in my opinion, there is no prima facie admissible evidence, at this stage, against Jagdeep Singh@ Jaggu Bhagwanpuria." This led to his discharge from the case.
Political Reactions and Allegations
The decision has drawn sharp criticism from opposition parties. Shiromani Akali Dal (Badal) chief spokesperson Arshdeep Singh Kler issued a statement on January 20, alleging that the AAP government's claims of cracking down on gangsters are hollow. Kler pointed out that the government admitted in a Mohali court that it lacked evidence against Bhagwanpuria, leading to his discharge.
Kler further accused the AAP government of previously facilitating Bhagwanpuria's transfer from Assam to Punjab during the Tarn Taran bypoll to influence election outcomes. "This proves that the AAP government is in fact shaking hands with gangsters who have ruined Punjab and resulted in the flight of capital from the state," Kler asserted.
Human Rights Perspective
Human rights activist and lawyer Jaspal Singh Manjhpur highlighted the rarity of such exemptions. He noted, "There is a long list of cases where accused booked under the UAPA were prosecuted solely based on confessions made in police custody. A prominent example is British citizen Jagtar Singh Jaggi Johal, who has been behind bars for over nine years without conviction, relying only on his police confession."
Manjhpur questioned why similar exemptions are not extended to other individuals facing prosecution under similar circumstances. "It is a rare case in which the police have made an exception for Jaggu Bhagwanpuria. Why can't this exemption be made for other accused who are being prosecuted based on their confession statements in police custody?" he asked.
Operational Context and Government Stance
Interestingly, the government's decision came just before the Punjab Police launched Operation Prahar, a large-scale, intensive 72-hour action aimed at declaring an all-out war on gangsters and eliminating organized crime from the state. This timing has raised eyebrows and fueled speculation about the government's intentions.
According to a 2019 notification by the Punjab Government, only the Legal Remembrancer and Secretary to the Government of Punjab, or their nominee, not below the rank of Joint Legal Remembrancer and Joint Secretary and Director, Prosecution and Litigation, are authorized to conduct an independent review of evidence in UAPA cases under Section 45(2). When asked if an exception was made for Bhagwanpuria, the Director of Prosecution and Litigation stated, "It is a matter of investigation and cannot be disclosed."
Details from the Police Challan
The police challan revealed that Yuvraj Singh, a resident of China Karam Singh in Amritsar, stated he was acquainted with Jaggu Bhagwanpuria, who introduced him to gangster Amrit Bal. Yuvraj and Nishan Singh confessed to planning assassinations of Hindu leaders in Mohali and a communist leader in Jalandhar, with arms and financial support provided by Amrit Bal. In his police custody confession, Bhagwanpuria admitted to knowing Yuvraj Singh beforehand and connecting him to Amrit Bal.
This case underscores the complex interplay between legal procedures, political dynamics, and human rights concerns in Punjab's ongoing battle against organized crime and terrorism.
