Kehar Singh & Ors.

Vs STATE, SC 3/8/1988

In June, 1984 the Indian Army mounted an operation known as `Operation Blue Star' by which Armed Force personnel entered the Golden Temple Complex at Amritsar to flush out the armed terrorists. That operation resulted in loss of life and property as well as damage to the Akal Takht in the Golden Temple Complex, it hurt the religious feelings of some members of the Sikh community. Beant Singh(deceased) and Balbir Singh, Sub- Inspectors and Satwant Singh, a constable of Delhi Police posted for security duty in the office of the deceased Prime Minister Smt. Indira Gandhi and Kehar Singh, an Assistant in the Directorate General of Supply and Disposal, New Delhi, who were sikhs by faith, had been expressing their resentment openly, holding Smt. Indira Gandhi responsible for the action taken at Amritsar. They met at various places and at various times to discuss and to listen to inflammatory speeches and recordings calculated to excite listeners and provoke them to retaliatary action against the decision of the Government to take army action in Golden Temple Complex. They thus became parties to a criminal conspiracy to commit the murder of Smt. Indira Gandhi. On October 31, 1984 Smt. Indira Gandhi had an engagement with well-known actor and writer Peter Ustinov.

His crew was to record her interview for Irish Television. They were waiting at Bungalow No.1, Akbar Road, the home office of the Prime Minister. Bungalow No.1, Safdarjung Road was the official residence of the Prime Minister. The two buildings are connected by a narrow cemented pathway. They are located practically in one campus, but seperated by a sentry gate which is known as the "TMC Gate." Smt. Indira Gandhi at about 9.10 a.m. emerged from her house. Immediately behind her was Head Constable Narayan Singh (PW 9) holding an umbrella to protect her against the sun. Rameshwar Dayal (PW 10) an Assistant Sub-Inspector, Nathu Ram (PW 64), her personal attendant and R.K. Dhawan,Special Assistant, were closely following Smt. Gandhi. In pursuance of the aforesaid conspiracy Beant Singh and Satwant Singh, who had prior knowledge that Smt. Gandhi was scheduled to pass through the TMC Gate on the date and at the time afore-mentioned, manipulated their duties in such a manner