Weak Conspiracy Evidence, Coerced Witness: Why Punjab & Haryana High Court Acquitted Gurmeet Ram Rahim In Journalist Murder Case

The Punjab and Haryana High Court has acquitted Gurmeet Ram Rahim Singh in the murder case of journalist Ram Chander Chhatrapati, holding that the the Central Bureau of Investigation (CBI) coerced a witness into giving a statement implicating Gurmeet Ram Rahim Singh.The Court upheld the conviction and life sentence of the other three accused — Kuldeep, Nirmal, and Krishan Lal. The Central Bureau of Investigation court had earlier convicted all of them and sentenced them to life imprisonment in this case.A Division Bench of Justice Vikram Aggarwal and Chief Justice Sheel Nagu highlighted that the circumstances suggested that the sole witness, Khatta Singh, had been pressured by the Central Bureau of Investigation (CBI) into making a statement implicating Gurmeet Ram Rahim Singh."it appears that he (Khatta Singh, the only witness of the conspiracy) was coerced by CBI into making a statement as CBI was under pressure to conclude the investigation [from High Court]. It was so stated by Khatta Singh in many of his applications. It is a matter of grave concern that a premier Investigating Agency adopted this kind of methodology with a view to succeed in the matter. The endeavour should have been to go to the bottom of the matter and bring out the truth."The Court set aside the conviction and life sentence imposed by the Special CBI Court in Panchkula, which had earlier held Ram Rahim guilty of criminal conspiracy in the killing of the Sirsa-based journalist.Background Chhatrapati, editor of the evening daily Pura Sach, was shot outside his residence in Sirsa on October 24, 2002. He later succumbed to gunshot injuries on November 21, 2002 at Apollo Hospital in Delhi. The attack was allegedly carried out after he published reports accusing Ram Rahim of sexual exploitation of women followers at the Dera.An FIR was registered under Sections 307 and 34 of the IPC and provisions of the Arms Act at Police Station City, Sirsa. After Chhatrapati's death, the offence was converted to murder under Section 302 IPC and conspiracy under Section 120-B IPC.Following petitions before the High Court alleging a flawed investigation by the Haryana Police, the probe was transferred to the Central Bureau of Investigation in 2003.In 2019, a Special CBI Court convicted Ram Rahim along with Kuldeep Singh, Nirmal Singh and Krishan Lal (Dera manager) for conspiracy and murder, sentencing them to life imprisonment.High Court Upholds Homicide But Re-examines ConspiracyWhile deciding the appeals, the High Court first confirmed that Chhatrapati's death was homicidal. The Court relied on medical evidence including the testimony of doctors who examined the journalist and conducted the post-mortem, which established that he died due to complications arising from gunshot injuries.However, the Court noted that Ram Rahim's alleged involvement was limited to the charge of criminal conspiracy and therefore required clear proof of a “meeting of minds” to eliminate the journalist.Referring to Supreme Court jurisprudence on criminal conspiracy, including principles laid down in cases such as Kehar Singh v. State (Delhi Administration) and Yogesh v. State of Maharashtra, the High Court reiterated that conspiracy may be proved through circumstantial evidence but the chain of circumstances must be complete and must point only to the guilt of the accused.Role Of Dera Followers The Court pointed that "Such (Ram Rahim) public figures are always in the news. At times for good reasons and at times for bad ones. It is well known that A1 (Ram Rahim) has a huge following. In our country, religion, caste, sects, play an extremely important role. Lives are given and taken in the name of religion, caste, sects etc. Disputes on Temples, Masjids, Gurudwaras, are not something new for us. Many of the followers of faiths, sects etc., can be termed to be `fanatics'."Conviction Based Solely On Unreliable WitnessThe Court found that the trial court's conviction of Ram Rahim rested almost entirely on the testimony of a single witness—Khatta Singh, who had earlier served as the Dera chief's driver.According to the High Court, the witness changed his version multiple times during the course of investigation and trial. Initially, he did not name Ram Rahim in connection with the Chhatrapati murder. Several years later, he alleged that Ram Rahim had ordered the killing after being angered by an article published in Pura Sach.The Bench noted that the witness remained silent for several years after the incident, earlier claimed he was being pressured by the CBI to implicate Ram Rahim, later turned hostile during trial and subsequently altered his version again after being recalled.Given these contradictions, the Court held that the testimony of such a witness could not be relied upon without strong corroboration.Citing principles laid down in Vadivelu Thevar v. State of Madras, the Court observed that a witness whose testimony is neither wholly reliable nor wholly unreliable...

Weak Conspiracy Evidence, Coerced Witness: Why Punjab & Haryana High Court Acquitted Gurmeet Ram Rahim In Journalist Murder Case

Aiman J. Chishti

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