Saade Parivar Di Khaas Gal Hai Chautala Sahib Naal
GETTING AWAY WITH MURDER
Her son, who was serving a life sentence in Sirsa jail for killing his wife, is home these days. Haryana governor was kind enough to grant his mercy plea under Article 161 of the Constitution, as Sarvjit Singh had advanced very impressive reasons: an 80-year-old mother, and a ten year old son with no one to look after them. Besides, area panchayats also vouch for his good conduct.
A few miles away, in Nakora village, Jagtar Singh sits on a cot in his farm house. He should have been in jail, but for the remission of balance of his life term by governor after spending 11 years and 8 months in jail. Reason advanced: an old mother who is sick, and three little kids whom the wife finds difficult to look after. Of course, area panchayats in this case also have given several testimonials.
80-year-old Gurdev Kaur, mother of Sarvjit, is of course elated at the development. As she tries to impress The Indian Express team at her house in Raghuana village with innumerable photographs of her sons with Late supremo of Haryana Devi Lal and chief minister Om Parkash Chautala, she is still doubtful whether the message is getting across.
“Saade parivar di khaas gal hai Chautala Saab naal, (Our family has special ties with Chautala)” she says, and brings out some more photographs of her late husband Piara Singh Gill with Devi Lal. Then takes us to the other room adorned with over ten framed photographs hanging from walls depicting her sons with Chautala and Devi Lal and points to each one of them recalling when these were taken.
“Rabb bhala kare Chautala saab da. He has not forgotten what our family did for him all these years.” You can’t fault her for not being grateful enough. And of course, she gives due credit to her other son Harpal Singh an advocate in Sirsa who, she tells us, did a lot of running around to get Sarvjit out after 12 years in jail. “Hun Harpal mukh mantri saab da khaas hai,” she says.
In Nakora village, Jagtar Singh, who was sentenced for life aftermurdering close kin Jeet Singh, gives credit for coming out of jail to panchayats of the Rori assembly constituency which vouched for his good conduct. Rori is represented by Abhey Singh Chautala. “Abhey ji knows us well and comes here often but that is not connected with my release,” Jagtar adds hurriedly.
In fact, testimonials from panchayats seem to be the easiest thing to obtain. “For me, all 90 panchayats of Rori were ready to give certificates,” said Jagtar. But how did he manage that kind of influence? “Oh they all know me,” he said.
After Surinder Kaur was killed in Raghuana on June 22, 1990, Sessions Court Sirsa sentenced Sarvjit to life term and Gurdev Kaur and her husband and a brother of Sarvjit for ten years but the High Court acquitted others while upholding life term for Sarvjit. The plea before Supreme Court was not even admitted.
“I fought hard at that time. Sarvjit’s family was so well connected that the police wanted to cancel the FIR and I had to approach the governor. Now I am too old, I cannot walk. My wife remains sick. At this age, how can you expect me to seek justice. They are well-connected, it is their government” said Surinder’s father Jaswant Singh in Firozabad village. He said it was a case of dowry death.
Incidentally, a cousin of Sarvjit had told The Indian Express team that Jaswant Singh died some time back and that “there is no use going to Firozabad.”
Jagtar claimed that brother of Jeet Singh who filed the FIR after Jeet’s murder was now with him. “I have ended all old dushmani,” he said, and to convince us, summoned Harnek Singh, his long-time foe in the village. Harnek is a candid man. “Abhey brought us together. He knows both of us are his supporters,” he said. Then he launches into a harangue about how Abhey was bringing feudal clans closer. Jagtar then summons Tek Singh who like Harnek, was a witness in Jeet murder case. “Now these people are with me, then why does anyone object if I have come out from jail,” he wondered.
While Jagtar claimed that Jeet’s wife was also on good terms with his family, villagers said what could she do when there were powerful people on the other side. She was not ready to meet the media people.
When asked why they think their pleas were granted by the governor, when some earlier governors had almost never granted any, both Sarvjit and Jagtar said “it happened automatically.”
BOX:
Soon Haryana Jails Will Be Empty
In almost all the cases where Haryana governor has granted remission of balance sentence, the governor was recommended the case in similar sounding words.
“Under Article 161, all powers to grant pardon are vested in the governor and there is no obstacle from any law or jail rules. Under Article 161, it is solely upon the discretion of the governor to exercise his power and pardon the prisoner. Appropriateness is only to be decided by him,” read official memos.
Haryana Congress president Bhupinder Singh Hooda has demanded an inquiry into the remission of sentences of nearly 10 prisoners. “It is a serious matter. At this rate, soon Haryana’s jails will be empty,” he said.
But perhaps the question is far bigger, and concerns the constitution. The latest row is set to focus debate on Article 161 under which a governor, upon recommendation of executive, can release a man convicted even by the highest court in the land.
August 25, 2002