Ex-warder grilled, sticks to his stand : The Tribune India

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burail jailbreak case

Ex-warder grilled, sticks to his stand

CHANDIGARH: In the infamous Burail jailbreak case, the new witness, who appeared before the court last week claiming that his statement was left incomplete by the investigating authorities, was cross-examined today by counsel for the accused.



Tribune News Service

 

Chandigarh, January 27

In the infamous Burail jailbreak case, the new witness, who appeared before the court last week claiming that his statement was left incomplete by the investigating authorities, was cross-examined today by counsel for the accused.

Standing by his statement given to the court of the Chief Judicial Magistrate earlier, Hira Nand Mishra, former jail warder, said his statements in the judicial file were “incomplete".

“It is wrong to suggest that I have been prompted by the police and higher officials to state false facts. I did not receive any summons from the court to appear and to depose before it,” read his statement recorded before the court of Chief Judicial Magistrate Anubhav Sharma today.

During the cross-examination by AS Sukhija, counsel for the accused DS Rana, former Superintendent of Model Jail, Burail, Mishra said he had given the name of accused Rana to the police. However, he did not know why the name was not added by the police in his statements recorded under Section 161 of the CrPC.

“I had mentioned the name of Rana specifically to the then UT SSP, Gaurav Yadav, and the then SP, Operations, HGS Dhaliwal, after the jailbreak incident. I do not remember which police official recorded my statement as four or five police officials used to question me,” he stated.

Mishra was questioned over a news that had appeared about a tunnel being dug into the jail premises and that DS Rana had issued a show-cause notice to Mishra as he remained absent from duty on January 15, 2004, between 4.15 pm and 5.05 pm and 6.40 pm and 7.20 pm.
“I had written all this as Rana had directed me to do so after the notice was served. I have gone through statements recorded under Section 161 of the CrPC and the contents are as narrated by me except for some facts which have been omitted,” he stated.
Asked why he did not approach the court or the police earlier, he said, “I did not make efforts to be examined earlier as I was waiting to be summoned by the court.”
The cross-examination was deferred to Tuesday on January 20 on the grounds that he was to be confronted with the duty register to ascertain if he was even posted at the gurdwara barracks when the accused escaped.
Mishra was confronted with the fact that he had never informed any investigating agency, including the CBI where one of his relatives, MK Tiwari, had been serving. Mishra stated that he had informed about the first tunnel and a mobile in possession of Jagtar Singh Hawara. However, no action was taken for a year after which the barracks were searched and it was found. The case will come up for final arguments on January 30.

Case background
Hawara, Bheora and their accomplice Jagtar Singh Tara, along with another murder convict, Devi Singh, had made a sensational escape from Burail Jail in January 2004 by digging a 104-foot-long tunnel. While Hawara and Bheora were re-arrested within two years, Tara was arrested only this month from Thailand while Devi is still believed to be hiding in Pakistan. The jailbreak case lists 16 accused, including six police officials and two CRPF personnel. Hawara and Bheora have been convicted in 2007 in the Beant Singh assassination case of 1995.

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