CHANDIGARH: Patiala central jail Superintendent Lakhwinder Singh Jakhar, who refused to execute Balwant Singh Rajoana, accused in the assassination of former Punjab chief minister Beant Singh has been charged for contempt of court proceedings.
Punjab and Haryana High Court has issued show cause notice to Jakhar for August 7. A division bench of Justice Surya Kant and Justice RP Nagrath after hearing a reference from Additional District and Sessions Judge Chandigarh, Shalini Nagpal, issued the notice.
Shalini Nagpal in her reference sent to HC, had sought action against Jakhar. She informed that the warrants of execution of Balwant Singh Rajoana were sent on March 5, but he refused to execute the warrants and returned the same citing the reason that Patiala Jail had no territorial jurisdiction to execute UT court’s orders.
In an 11-page order, the lower court while referring the matter of Jakhar had sought an unconditional apology to HC for examination in the matter. Jakhar’s counsel had said in the lower court, his client was acting under the mandate of Supreme Court. He had also submitted that under Section 772 of manual for the Superintendent and management of prisons in Punjab, 1996, a jail superintendent had the authority to return the warrant.
HC has asked the Patiala Jail Superintendent to explain why contempt of court proceedings should not be initiated against him for he defied a judicial order.
Though Nagpal considered it to be fit case of contempt of court, she preferred to refer the same before HC for further action.
It is worth mentioning that Rajoana’s death sentence was stayed on March 28 following intervention of Punjab government and he is currently lodged in Patiala Central Jail.
