HARPAL SINGH Vs. DEVINDER SINGH

JUDGEMENT

(1.) This case reflects the bizarre offshoot of unholy campus politicisation culminating in the premature end of Jasbir Singh - a student who reached final year in M.A. (Economics). The venue of the murderous onslaught as the precinct of Nar Hari Hostel attached to Kurukshetra University in Haryana and the time was lunch recess on 23-10-1986. Jasbir Singh was stabbed to death while his fellow student Sumer Singh received grievous hurt. Twelve persons including some student leaders of the rival wing were sent up for trial before the Designated Court of Kurukshetra as the charge included Section 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short 'the TADA'). But all of them were acquitted by the trial judge and these appeals have been filed under Section 19 of the TADA.

(2.) The backdrop, disquieting from the angle of campus discipline, was the college students' union election on the lines of political party loyalties of the students, Himat (9th acccused) was a candidate for presidentship of the students union and he was opposed by Jasbir Singh, being head of the rival students wing owing allegiance to another political party. Himat won the election,but its fallout was the acrimonious tension which persisted for long between two rival student wings in the campus. Skirmishes erupted as a daily occurrence between them and police had to register criminal cases against offending students. On the previous day of occurrence in this case the victorious group made all efforts to get their budget proposals approved by the general body but such efforts were thwarted by the stiff resistance offered by Jasbir Singh and his followers. This became the immediate cause for the aggravated hostility between the group led by Himat and the rival group led by Jasbir Singh.

(3.) What happened during the occurrence in this case, according to the prosecution version, was this : At about 1.30 p.m. Jasbir Singh and Harpal Singh (P.W. 3) - who was studying in the first semeter of M.A. (English) - and Randeep Rana (who was the Secretary of the students Union to which Jasbir Singh belonged) were standing outside the canteen of Nar Hari Hostel. Suddenly Himat (A-9) caught hold of Jasbir Singh and then Satparkash (A-6) slapped a knife blow on the left chest of Jasbir Singh which was followed by Satbir Singh (A-1) inflicting another knife blow on the left side of his chest. When Sumer Singh (P.W. 6) intervened, presumably to rescue his colleague, he was prevented from nearing the victim by Jeevan Singh (A-8) and Sandhip Singh (A-10). But right at that time Devinder Singh (A-5) gave a stab injury on Sumer Singh on his front costal margin. The other assailants also attacked the deceased with iron rods, clubs and hockey sticks etc.