LAW OF CRIMES- II

PROFESSIONAL SKILL DEVELOPMENT ACTIVITY

SUBMITTED BY
Bhavya Bharadwaj- 22317703821
Abhinandan Pal – 37917703821
Prerna Pahwa- 21817703821
Darshil- 22117703821
Pranav- 38017703821
Sparsh Sharma- 24417703821

SUBMITTED TO
Ms. Ashu Dhiman Ma’am
 CASE NAME KEHAR SINGH AND ORS V. STATE
(DELHI ADMN)

CITATIONS 1988 AIR 1883, 1988 SCR Supl. (2) 24

JUDGMENT DATE 03/08/1988
PETITIONER/APPELLANT KEHAR SINGH AND OTHERS
DEFENDANT/ RESPONDENT STATE (DELHI ADMN)
BENCH Oza, G.L. (J)
CONSTITUTION AND OTHER STATUES IPC, CRPC, INDIAN EVIDENCE ACT,
INVOLVED COMMISSION OF INQUIRY ACT, THE
ARMS ACT, THE CONSTITUTION OF
INDIA

RELEVANT SECTIONS/ ARTICLES ARTICLES 19,21, 136 OF THE

CONSTITUTION OF INDIA, SECTIONS 34,
120B, 302, 307 OF THE INDIAN PENAL
CODE, SECTIONS 9(6), 164, 194, 327, 354(3)
OF THE CODE OF CRIMINAL
PROCEDURE, SECTIONS 10,145, 155, 157
OF THE INDIAN EVIDENCE ACT,
SECTIONS 3,4,5,6,8,27,54,59 OF THE ARMS
ACT

INTRODUCTION

Kehar Singh and Ors. v State (Delhi Admn.) is very famously known as the “Indira Gandhi
assassination case”. Indira Gandhi was the Prime Minister of India from 1966-1977 and
repeated the service from 1980-1984. In the year 1984, on 31st October, Indira Gandhi was
killed by her Sikh security counsels. The assassination of Indira Gandhi sparked riots all over
India and the Indian Sikhs were killed in huge numbers in revenge attacks. This case drew
national and international attention and was the most discussed topic then. Indira Gandhi’s
assassination news received extensive coverage in the West and drew foreign attention quickly.
This case was considered by the courts as the rarest of rare cases and a death sentence was
passed to the accused in this case.

BACKGROUND OF THE CASE

In 1984, the Indian Army initiated an operation known as ‘Operation Blue Star’ in which armed
forces entered the golden temple of Amritsar to remove the terrorists. It all began after the rise
of the Khalistan movement in India. It was a political movement by the Sikh nationalists to
create an independent state for Sikhs. The Khalistan movement began in the early 1940s but
soon gained enough popularity in the 1970s and 1980s. Operation Blue Star was a very big
mission undertaken by the Indian Army to remove potential armed terrorists hiding inside the
Golden Temple. Operation Blue Star was a solution put forth by Indira Gandhi to stabilize the
situation of ongoing disputes in Punjab. The terrorists set up their base at the Harmandir Sahib
complex and it was found out that they had machine guns and other powerful weapons.

This led the Indian Army to enter the holy place to take into their custody the notorious armed
militants. After the Indian army went in, there was a lot of destruction including several
civilians being killed and the premises being destroyed. The Akal Takht was also left damaged.
This hurt the religious sentiments of the Sikhs and various people from the Sikh community
began to express their resentment against the then Prime Minister Indira Gandhi for issuing
orders to carry out such an operation. A few months after the Operation, Indira Gandhi was
assassinated by her two bodyguards who belonged to the Sikh religion. She was shot closely
and about 30 times by Satwant Singh and Beant Singh. Beant Singh was the nephew of Kehar
Singh and Kehar Singh was accused of criminal conspiracy and was tried and executed in the
Tihar Jail. This case of Kehar Singh v State is hence most popularly known as the Indira Gandhi
assassination case.

FACTS OF THE CASE

In 1984, in the month of June, the Indian Army initiated an operation called Operation Bluestar
to eliminate some terrorists who were hiding in the Golden Temple complex. To do so, the
Indian Army had a well-organized plan to enter the temple complex area and capture the armed
terrorists. The operation, however, resulted in damage to property as well as the lives of many
civilians. The Akal Takht was also left damaged after the completion of Operation Bluestar.
This hurt the sentiments of people belonging to the Sikh community. It hurt their religious
feelings and hence they held Smt. Indira Gandhi is responsible for the incident that took place.

Sikh people rallied against Smt. Indira Gandhi publicly expressed their anger and resentment
towards her as she was responsible for issuing orders to continue such an operation. Balbir
Singh and Beant Singh were sub-inspectors and Satwant Singh was a constable of Delhi police
and was posted in the Prime Minister’s office for security duty. Kehar Singh worked in the
Directorate General of Supply and Disposal in New Delhi as an assistant. These people were
all Sikh by faith and after Operation Bluestar took place, they expressed their bitterness openly
toward Smt. Indira Gandhi and holding her responsible for the actions that took place in the
Golden Temple. After Operation Bluestar, various speeches were held and recordings were
made and shared against the Prime Minister’s decision of the Indian Army entry to the Golden
Temple Complex. Balbir Singh, Beant Singh, Satwant Singh, and Kehar Singh were all a party
to this. They were thus parties to a criminal conspiracy for the commission of the murder of
Smt. Indira Gandhi.

On 31st October 1984, Smt. Indira Gandhi had an interview with Peter Ustinov from Irish
television. The interviewer and the crew were waiting at Bungalow No. 1, Akbar Road.
Safdurjung Road, Bungalow No.1 was the residence of Smt. Indira Gandhi. The two buildings
were on the same campus and were connected by a narrow pathway and were separated by a
gate called the TMC Gate. At about 9:10 am, Smt. Indira Gandhi came out of her house along
with her security counsels and respective assistants and bodyguards. She was followed by Head
Constable Narayan Singh, Assistant Sub-inspector Rameshwar Dayal, her attendant Nathuram,
and R.K. Dhawan, Special Assistant. Beant Singh and Satwant Singh had prior knowledge of
the schedule of Smt. Indira Gandhi and thus they knew that she’d pass through the TMC gate.
Hence they tried to manipulate their duty timings in such a manner that Beant Singh would be
present at the TMC Gate and Satwant Singh would be present at the TMC sentry booth.

Satwant Singh misrepresented his health conditions and stated that he had dysentery and thus
wanted his duty near the washroom. Thus both Beant Singh and Satwant Singh together placed
themselves near the TMC Gate to further their actions with common intention. Indira Gandhi
when approached the TMC Gate, she was shot 5 times by Beant Singh and 25 times by Satwant
Singh. She was then rushed to the All India Institute of Medical Sciences where she succumbed
to her injuries. The post-mortem report stated that Smt. Indira Gandhi lost her life owing to a
haemorrhage and shock arising out of the continuous firing of 30 rounds in total. The post-
mortem reports also confirmed that the bullets found in the body of Smt. Indira Gandhi was
shot by the weapons of the accused persons.

Both the assassins, Beant Singh and Satwant Singh were fired at by the Indo-Tibetian Border
Police where Beant Singh sustained injuries and died on the spot and Satwant Singh suffered
severe injuries. It was also found out that these two assassins were not the only ones involved
in the murder. The murder of Smt. Indira Gandhi was pre-planned with an ulterior motive and
common intention. Another person alleged to have been a part of this well-organized plan was
Balwant Singh. Balwant Singh also belonged to the Sikh community and was highly offended
by Operation Bluestar hence he openly protested and held rallies against Smt. Indira Gandhi.
He was accused of being in connection with Beant Singh and continuously helping Beant Singh
plan and execute the assassination of Smt. Indira Gandhi. Another person who was alleged to
have been involved in the conspiracy was Kehar Singh.

After Operation Bluestar, Kehar Singh was highly offended by the fact that the Akal Takht was
damaged as a part of the operation and several civilians had to pay the price too. This led Kehar
Singh to fill hatred in the mind of his comrades and his nephew Beant Singh. He was the
mastermind of the plan and had provoked people against Smt. Indira Gandhi through various
religious speeches and protests and rallies held by him.

Since Beant Singh died on the spot as a result of being shot by the police, he was discharged
from all the charges. The other accused Kehar Singh, Balwant Singh, and Satwant Singh were
charged under sections 34, 109, 120b, 302, 307 of the Indian Penal Code 18601 and u/s 27 of
the Arms Act, 1959.

ISSUES RAISED

Soon after the assassination, the Government of India set up a commission under the
Commission of Inquiry Act of 1952. It was headed by Justice M.P. Thakkar who was the judge
of the court. There were various issues raised:

 Whether the President has the power, under Article 72 of the Indian Constitution, to hear a
case based on its merits when the case has already been decided by the court.
  Whether acusssed is liable under section 302 read with section 34 , 120-B and shall be
given death sentence .

 What is the extent of the power of the President under Article 72 of the Indian Constitution?
 By the virtue of powers stated under Article 72 of the Indian Constitution, whether the
petitioner is entitled to an oral hearing by the President.

 Whether the power of the President to grant pardon be subjected to judicial review.  Whether
the trial in Tihar Jail was valid.

 Does High Court have the power to change the place of sitting of the Sessions court to proceed
with the trial?

 Whether the High Court has the power to allot a particular case to a particular Session judge.

 Is there any restrictions on Public trials?

ARGUMENTS RAISED BY THE APPELLANT

 It was argued by the appellant side that according to Article 21 of the Indian Constitution a
speedy, open, and public trial is guaranteed, and conducting the trial in Tihar Jail violates such
rights, and the procedure of such open and public trial is also stated in Sec 327 of CRPC.

 It was also argued that recording a trial on camera only applies to special cases and is nowhere
mentioned in Section 327 of CRPC.

 In this particular case, the High Court shifted the trial of the case and made Tihar Jail the
place of hearing for the specific case. It was argued that the authority or power to shift the trial
of a criminal case to a particular place other than the normal sitting of the court does not come
under the powers of the High Court. Section 9(6) of the Code does not empower the High Court
to specify the place for the hearing of an individual case.

 It was also argued by the appellant side that the trial court passed orders that the entry of
Media and Press to the Tihar Jail would be regulated by the Jail authorities and this shows that
it is a restricted trial and not an open or a public trial.

 It has been argued that by restricting the media and press from getting access to judicial
proceedings the Trial Court is creating discrimination between the media persons and the
general public and thereby violating the law provided under Article 19(1)(a) of the Indian
Constitution. The court should always follow a first come first serve basis.The High Court
didn’t need to have allotted the particular case to a particular judge under Section 194 of the
Code of Criminal Procedure.

 Even after the prayer made by the accused for the supply of copies of statements of the
witnesses or even the Thakkar Commission Report, they were not supplied and made available.
The accused are also entitled to the relevant material of the specific case and also need it to
formulate their defences accordingly.

 It was put forth by the appellant side that the scope of Sec 6 of the Commission of Inquiry
Act of 1952, was misinterpreted by the High Court.

 It was argued that the confession of Satwant Singh was not recorded in the manner prescribed
in Sec 164 of the Code of Criminal Procedure. Hence it is not valid to be used to convict the
accused.

 It was stated that there was no evidence that Beant Singh and his wife were taken by Kehar
Singh deliberately to expose them to protests and provocative speeches against the then Prime
Minister Smt. Indira Gandhi.

 It was also stated that Kehar Singh being an elderly religious Sikh person was trying to
prevent Beant Singh from taking any negative action against Prime Minister Smt. Indira
Gandhi.

ARGUMENTS RAISED BY THE RESPONDENT

 Under the Special Leave Petition provided under Article 136 of the Indian Constitution, the
courts were not to interfere with the findings of the Trial Court.

 There is no constitutional right under Article 21 of the Indian Constitution that states the trial
to be open and public. Article 21 only states the procedure established by law and given under
the Code of Criminal Procedure, Section 327. The laws regarding the procedure can be
amended and hence the law of open and public trial can be amended in the future. It does not
stand as a constitutional right thereof.
 The space or premises where the trial was held was not the place where prisoners were kept
in the Tihar Jail. It was an office building where the trial was held and people had free access
to the trial. It was held with no difference from the ordinary trials.

 The friends, family, or relatives of the accused were not restricted from having access to the
trial. Any person from the general public who wanted to approach the court and watch the
judicial proceedings was free to do so subject to the jail regulations.

 Section 6 of the Commission of Inquiry Act makes it clear that a witness examined before
the commission is protected and his statements cannot be used against him in any other
proceedings whether civil or criminal.

 According to Section 327 of the Code, a trial should be open and free. An open place is
defined as any place where ordinary citizens have access. Hence, the Court did not put
restrictions on the trial.

 According to Section 194 of CRPC, the High Court can specify the judge for the trial court.
The section is clear and regular.

JUDGEMENT

Smt. Indira Gandhi was killed brutally and in a horrendous way. She was unarmed when she
was attacked. She was shot 30 times and it was found out by the post-mortem report that the
very first two bullets that she took were enough to kill her. She was killed mercilessly by Beant
Singh and Satwant Singh who were her security counsels. Beant Singh and Satwant Singh
being the security in the office of the Prime Minister were supposed to protect her against any
external aggression whereas they planned and executed the murder of Smt. Indira Gandhi
which denotes a serious breach of trust.

Under Section 194 of CRPC, in the first part, it is mentioned that the Sessions Judge by general
or special order can allot cases to the Additional or Assistant Sessions Judge. The last part of
this section also provides authority to the High Court to allot cases to a particular Judge. The
trial took place in the Tihar Jail as the place was considered to be appropriate for conducting
the trial of the particular case and according to Sec 9(6) of the CRPC, the power has been
imposed on High Court to direct the trial and specify the place for conducting the trial in a
particular case.
No material fact was found regarding preventing people from entering the court to witness the
proceedings; hence, the trial was open and fair. On the deep analysis of the provision of Sec 6
of the Commission of Inquiry Act, it was found that there are two restrictions on the use of a
statement made by the witness. The witness’s statement cannot be subjected to any other
proceedings be they civil or criminal. Section 145, read with section 155(3) and Section 157 of
the Evidence Act, 1872 permits the use of the previous sentence only for the purposes so
examined. The purposes are cross-examination and corroboration.

Balwant Singh was acquitted as no evidence or proof was found against him. No evidence was
found regarding his involvement in the conspiracy. Indira Gandhi lost her life due to the injuries
that she suffered arising out of being shot by Beant Singh and Satwant Singh. Beant Singh died
on spot as a result of being fired by the Indo-Tibetian Border police. The other accused Satwant
Singh and Kehar Singh who was involved in the conspiracy were held to be responsible
completely and their appeals were dismissed based on shreds of evidence found against them.
The post-mortem report of the deceased Prime Minister confirmed that the bullets were shot
by the guns of Beant Singh and Satwant Singh. The findings of the High Court and Trial Court
in this particular case, under Section 302 of IPC, read with Section 120b and 34 of the IPC
were proven against Kehar Singh and Satwant Singh and since it was the rarest of the rare
cases, the death penalty was imposed on the accused persons.

SUGGESTIONS

Operation Blue Star is considered to be the beginning of this assassination case as the hatred
of the Sikh community triggered right after the orders to carry on the operation was issued by
the then Prime minister Indira Gandhi. After Operation Blue Star ended with several casualties
and damage caused to the Akal Takht in the Golden Temple of Amritsar, various protests and
hate speeches were conducted against Prime Minister Indira Gandhi. People were exposed to
provocative speeches and recordings and there was an open expression of resentment. After
witnessing the upset and destabilized environment of the Sikh community against Smt. Indira
6 Indian Evidence Act 1872, Gandhi, close-fitting and uncompromising security must have
been ensured around her. The security must have been checked and rechecked to ensure the
safety of the Prime Minister. This way the crime could have been prevented.

CONCLUSION
Indira Gandhi was considered the “Iron Lady” of India. She had marked her presence in Indian
politics and has contributed significantly to the growth and development of India. She was
elected the Prime Minister and served in the post from 1966-1977 and then again repeated the
post from 1980-1984 when she was finally murdered by her two own bodyguards who
belonged to the Sikh religion. The reference to the religion of the bodyguards is significant
here because of the very reason for the criminal conspiracy to murder Smt. Indira Gandhi was
that she ordered to carry on Operation Blue Star. Operation Blue Star caused immense damage
to the property of the Golden Temple and thus Sikh sentiments were hurt.

Though the beginning of this takes us back to the Khalistan movement where the Sikhs wanted
their separate nation. Indira Gandhi faced a lot of opposition from the Sikh community because
she never supported the idea of a separate Sikh nation. She considered India as one and wanted
to take India to the peak of development and growth. She was a true leader. She wanted India
to be wealthy, dominant independent, and united. Therefore, she wanted India to be centralized
and wanted the citizens of India to cooperate in making India a strong and independent nation