NEW DELHI: Close to 37 years after an Indian Airlines flight to Srinagar was hijacked and taken to Lahore , a Delhi court on Monday acquitted two Dal Khalsa activists as the case came up for prosecution only when they filed discharge applications, and as they had already been convicted and served time in Pakistan .

Satnam Singh and Tajinder Pal Singh were charged with waging war as they were part of a five-member gang that hijacked IC-423 from Delhi to Srinagar in 1981 to demand the release of Damdami Taksal head Jarnail Singh Bhindranwale . “This is a unique case as the prosecution against accused persons was not launched or initiated by the police but got initiated when they filed discharge applications,” additional sessions judge Ajay Pandey said.

Prosecution began after Satnam was discharged in case

The accused persons are thus granted benefit of doubt and acquitted of the charges levelled against them,” a Delhi court held.

It said the two men had been convicted on hijacking charges by a Pakistan court. “Neither has a chargesheet been filed for those offences nor was any charge framed. No sanction for prosecution of those offences was granted by the competent authority,” it observed. The court also found that none of the prosecution witnesses was able to substantiate the charges.

The prosecution began after Satnam Singh was discharged in the case and Tajinder Singh filed a similar plea on parity grounds and said he had already served time. On Tajinder’s plea, the magisterial court called for reports from the authorities.

When the records came, it was revealed that the main chargesheet, in which another accused Harsimran Singh was named, was not available.

On October 1, 2011, a supplementary chargesheet was filed against all the accused.

On August 30, 2012, a court took cognisance of the offences under Sections 121 (waging war against India), 121A (conspiracy to commit offence of section 121), 124A ( sedition ) and 122B (collecting arms with intention to wage war) of IPC and issued non-bailable warrants against the accused.

While Tajinder and Satnam appeared in the court, others Gajender Singh, Jasbir Singh and Karan Singh did not appear.

