Kehar Singh & Ors. Vs State (Operation Blue Star 1984)

Case Name – Kehar Singh & Ors. Vs State (Operation Blue Star 1984)

Citation No: 1988 AIR 18843, 1988 SCC (3609)

Bench –

1. G. L.,
2. Ray .B.C
3. K.J

Fact of the Case –

1. 1984 June Operation Blue Star was formed to enter Golden temple complex at Amritsar to flush out the terrorist. There was a huge chaos at the temple during this operation which resulted into damage of Akaltakht (the sacred tomb at the Golden Temple)
2. This incited religious feelings of the Sikh Community leading to expressing their resentment towards Indira Gandhi as Indira Gandhi was then the Prime Minister of India and had ordered the Indian Army to enter into the Golden Temple in order to detain the terrorist who had taken refuge in the temple to escape the Police and this entire operation was operated as “Operation Blue Star,1984”.
3. 1984 October Indira Gandhi had an interview with Irish television.
4. Behind her accompanied her staff which included, head constable Narayan Singh, Rameshwar Dhayal, Asst Sub Inspector Nathuram, Attendant and R K Dhawan Special Assistant.
5. Beant Singh and Satwant Singh had their scheduled duty on the gate of the building.
6. Beant Singh then fired five rounds and Satwant Singh 25 shots at Indira Gandhi from their weapons , which was a planned revenge against her. .
7. The Post-mortem report suggested death was due to hamrage and shock.
8. Both the assassins were arrested Indo-Tibetan Border Police Personal were Beant Singh died and Satwant Singh Suffered injuries.
9. Kehar Singh was the uncle of Beant Singh wife who was a religious fanatic and influenced Beant Singh to take revenge as it would be said the message of 10^th Guru of the Sikhs.
10. The Charge sheet was filed against Satwant Singh, Balbir Singh and Kehar Singh. The Offences were under Sec 120b, 109, 34,302 of IPC and 27, 54, 59 of Arms Act.

Judgement:

1. The act took away a popular leader who was working for 40 years. She was unarmed when she was attacked. These two persons by the nature of their duty had confidence instilled on them.
2. Sec194 of Crpc sessions Judge of the Division by Special order is supposed to allot cases to High court. Sec 9 of Crpc states that High Court may direct the trial if deemed necessary to a place such fit. Therefore the trial was held in Tihar Jail.
3. On analysis of Sec 6 of Commission of Enquiry Act there are two restrictions to be given by the witness a). Self Incrimination b). Estoppel.
4. Indira Gandhi died as a result of gunshot injuries by Beant Singh and Satwant Singh by service revolver and carbine respectively. It was a Criminal Conspiracy.
5. Besides the evidence of direct witnesses the other evidences are in corroboration with the Post mortem report. The appeal of Satwant Singh was dismissed.
6. The Findings of Trial Court and High Court under Sec 302 r/w sec 120b and 34 of IPC were proved against Satwant Singh must be upheld. The Charge of Conspiracy against Kehar Singh with Satwant Singh has been proved without any reasonable doubt.
7. It is one of the rarest of rarest case in which extreme penalty of Death is Called For.