Dhaner walks out of jail after pardon

| | Chandigarh
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Dhaner walks out of jail after pardon

Friday, 15 November 2019 | PNS | Chandigarh

Farmer activist Manjit Singh Dhaner, who was undergoing life imprisonment in the 2001 Barnala murder case, on Thursday walked free from Barnala jail.

Punjab Governor VP Singh Badnore signed the orders pardoning Dhaner in 18 years old murder case, following the orders were released by the state government which reached the Barnala jail late in the evening. Following this, Dhaner was released in the presence of farmers.

Punjab Jails Minister Sukhjinder Singh Randhawa had earlier that orders signed by the Governor in this regard pardoning Dhaner, whose appeal against conviction with life imprisonment was dismissed by the Supreme Court in September earlier this year, were received.

An order in pursuance of orders passed by Punjab Governor has been issued by the state Principal Secretary Jails R Venkat Ratnam, said Randhawa.

Notably, Punjab Chief Minister Capt Amarinder Singh had recommended Dhaner’s life sentence in a murder case for remission to the Governor.

Dhaner, the senior vice-president of the farmer organization Bharatiya Kisan Union (Ekta-Dakaunda), was awarded life sentence by Barnala district and sessions judge in 2005.

On September 3 this year, the Supreme Court had upheld Dhaner’s life sentence after which he surrendered before the Barnala court on September 30 as he was out on bail.

Farmers’ unions had protested at many places across the State claiming that he was innocent and had no role in the murder. A week-long protest was held by these farm unions at Capt Amarinder’s home town Patiala from September 20 to put pressure on the State Government to take up Dhaner’s case for pardon with the Governor.

Even several farmers’ unions had also met the Chief Minister seeking repeal of Dhaner’s conviction and life sentence. The farmers’ unions had lifted the dharna only after the State Government’s assured to take up their demand of pardon with the Governor.

Punjab Governor had earlier granted pardon to Dhaner and two other accused — Narain Dutt and Prem Kumar — in this murder case on July 7, 2007. But the Punjab and Haryana High Court had on March 11, 2008, set aside the Governor’s order granting pardon to Dhaner and acquitted Dutt and Kumar, giving them benefit of doubt.

The High Court had remanded the case back to the Governor for reconsideration as per law. But thereafter, the Governor did not take any fresh decision on the pardon.

Under Article 161 of the Constitution, the Governor has the power to grant pardons, reprieves, respites or remissions of punishment. The Governor can suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.

The Case

A farmer activist Manjeet Singh Dhaner was given life sentence in 2001 murder case by Supreme Court on September 3, 2019, while dismissing his over eight years old appeal, upholding Punjab and Haryana High Court’s decision of life imprisonment. Farmers’ organizations held statewide protest seeking pardon for Dhaner.

The case pertains to the death of an 85-year-old man in 2001 during a protest by farmer outfits in Barnala court complex over a 1997 rape and murder case. The protest was being led by Dhaner, and the 85-year-old Dalip Singh belonged to the family of the accused in the rape and murder case wherein a 17-year-old Class XII student was abducted, gangraped and murdered. Dhaner was one of the witness in this case. A quarrel took place between two groups in court premises and Dalip Singh was injured and died after 10 days.

Three action committee members who were leading struggle — Dhaner, Dutt and Prem Kumar — were named. In March 2005, session court convicted Dhaner, Narain Dutt and Prem Kumar and sentenced them for life on March 30, 2005. The trio remained in jail for about one and a half year each.

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