Could The Sikhs Youths Arrested or Declared Terrorists Be Held Innocents like Simranjit Singh Mann’s Acquittal In All 85 Sedition Cases Etc?
Highlights By: Balbir Singh Sooch-Sikh Vichar Manch https://www.thehindu.com/
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Could The Sikhs Youths Arrested or Declared Terrorists Be Held Innocents like Simranjit Singh Mann’s Acquittal In All 85 Sedition Cases Etc?
“Shiromani Akali Dal (Amritsar) president Simranjit Singh Mann has been acquitted in the sedition 85 cases etc time to time he did always plead and justify that his party doesn't support violence of terrorism. My acquittal has upheld my viewpoint," said Mann as himself pleaded before our Hon’ble courts. https://www.hindustantimes.
Mann said, "The prosecution, in the past 30 years, has failed to prove a single case against me. I don't know the exact number, but it is at least the 65th sedition case I have been acquitted in. Politicians and police have registered false cases against me and put me in jail from time to time to keep me out of politics. However, it's time the Indian state learnt a lesson and didn't register another sedition case and curbed the freedom of speech." https://www.hindustantimes.
In spite of all false and fabricated allegations in cases against Shiromani Akali Dal (Amritsar) president Simranjit Singh Mann: Operative part serous of allegations-charges levelled against him is being reproduced for reference as an example:
"I have got confidence on Jathedar Tohra, this country cannot now remain one. Between Hindustan and Pakistan this shall be an independent state, which shall be called Khalistan, today on this martyr's land we should take an oath that we have to take independence, whose slogan shall he Khalistan. I shall teach you, say after me, Khalistan. The people repeated three times like him. After this they raised slogans Zindabad, Zindabad. People said Khalistan after this said that by peacefully methods while asking for Khalistan, Beant Singh Government arrests us then when we came out then Khalistan shall be made." https://indiankanoon.org/doc/
14. Similarly, in F.I.R. No. 59 dated 21.-8-1994 of P.S. Majitha, the petitioner is alleged to have made the following speech:-
"... In America passed a resolution to a fact that a separate sikh home land should be formulated, when sikhs can live independently and its name should be as Khalistan and I say there should be no Khalistan athlete there shall be Khalistan because the sacrifices which have been done for cause of Khalistan shall not be allowed to go spare/waster in 1992 one person gave me an affidavit that his son has been killed by the Police and I say that if your son has been killed they should give me there affidavits which I shall sent the same to U.N.O. and due to my efforts only the transfer of 136 Policemen has been made and only in Sangrur Distt. C.B.I., has started enquiries and registered cases against Policeman. In Ruada minority of community 20 Lakh people have been killed by the Major and they continued there agitation and struggle, in Punjab, 1 Lakh 10 thousand Sikh Youth have lost their lives and 70,000 are behind the Bars and when other Govt. comes into power, the list of 20000 people will be made and action will be taken against them, Sant Bhindrawala has made a lot of sacrifices for us and Punjab Govt. is again ready to send me in Jail But I have no grudge against this because Sikh Community is behind me and I will make independent and then rest and I have not come to say that you make me the Head of S.G.P.C. or Chief Minister of Akali Dal but I have come to say that you should keep your hands open for independence and people have given me a new life and will keep on giving my services to you and you all should raise slogans for independence...."
15. In F.I.R. No. 71 dated 11-9-1992 of P. S. Dehlon (Ludhiana) (Annexure R/7), the petitioner is alleged to have made the speech to the following effect :-
"... The police should know it that we have not left alive Indira Gandhi, General Vaidya and other Generals persons who had harmed the Sikhs, though he may be Ruberio or not. Beant Singh has challenged us and we accept his challenge and we will return him the same kind, as Indira Gandhi and General Vaidya has been returned the kind (Bhaji).
They have 36000 Armymen, 60000 Punjab Police, 25000 Home Guards and 25000 SPOS and many thousand C.R.P.F. men are with them and K.P.S. Gill has stated that he will finish the Sikhs by September. If Pakistan and China give their Army to me then I will hoist the flag of Khalistan at Lai Qilla within 15 days. We want Khalistan and whosoever demands Khalistan, this cruel government ends his life.
16. He further stated that he will surely get Khalistan, though all the Sikhs are sacrificed. Though we may have to kill Hindus, we do not accept the Constitution. After forming Khalistan we will form our own constitution. Ready and oil your arms. We will route out the Brahmanwad. Near the stage, Gurchetan Singh son of Jagir Singh Jat resident of Bahadur was also speaking in favour of Khalistan and distributing the Pamphlets which have been got published by Simranjit Singh Mann and therein wrong propaganda has been made to instigate the public. After his arrest from him 2300 pamphlets have been recovered which have been taken into possession by the police separately. Simranjit Singh Mann by addressing the people gathered in such hot words and stating about the murders of Indira Gandhi and General Vaidya and by threatening to murder Beant Singh Chief Minister Punjab, in his address, and for hoisting Khalistan flag on Lal Qilla...."
17. According to the allegations made in F.I.R. No. 75 dated 18-9-1992 of P. S. Jaito, Faridkot (Annexure R/8), the petitioner is alleged to have made the following speech :
"... The Sikh community while living in India does not want to call them inferiors and of minority community. The army of the present India cannot live in Khalistan and also raised slogans Indian Army must go back Khalistan Zindabad, Kharku Jathebandi zindabad, and they will not live underthe Brahaman's regime and also stated that in case the Indian Army does not go back and then the Khalistan Army made by him, at the point of gun would make to run away the Indian Army. We will not let live any Hindu in Khalistan. We by forming our Khalistan Raj, will become separate from India. In case any individual of India or Army or any other force took any action against us then we will fight them with our full force...."
18. According to the allegations made in F.I.R. No. 19 of P.S. Civil Lines, Patiala (Annexure R/10), the petitioner is alleged to have declared to topple the Indian Government with an armed struggle. He is alleged to have stated," Hindus should be compelled to leave Punjab. Hindus temples are to be demolished and instead Gurdwaras will be built. This may be a separate armed Khalistan will be carved and Khalsa Raj will be established."
19. The learned counsel appearing for the respondents have submitted that as the petitioner is guilty of offences punishable under the TADA, this Court should not exercise its constitutional powers to issue any directions for his release. The learned counsel for the petitioner has impliedly admitted the delivery of speeches by the petitioner but, however, submitted that his client had not advocated violence. Be it as it may, we are not inclined to adjudicate at this stage as to whether the petitioner is guilty of offences punishable under the TADA lest it may pre-judice the case of any one of the parties. We are, however, of the opinion that the pleas raised in the case require this Court to perform a laboured exercise of scrutinising the material which is not warranted.
20. We are also of the view that the allegations of mala-fide made by the petitioner in the instant case are vague and ambiguous. The petitioner has alleged that the Chief Minister of Punjab had declared to arrest him allegedly for his moving this Court in Katia's case. The allegations made by the petitioner do not indicate the time and the place of making the allegation. The allegations have been denied by the Chief Minister. The vague allegations cannot be made a basis for holding the existence of mala-fides. The mere fact that the petitioner and the Chief Minister are political rivals is not sufficient to return a finding regarding the alleged existence of mala-fides.21. We are also not inclined to return a finding as to whether the litigation initiated by the petitioner was for the public or for his person as the matter is stated to be sub-judice before this Court.
22. We are, therefore, not inclined to issue any direction with respect to the cases in which the accused is charged of having committed offences under the TADA. He is, however, at liberty to move the Designated Court for the grant of bail in accordance with the provisions of law.
23. The petitioner is stated to have already been released on bail in F.I.R. Nos. 108 dated 26-12-1994 of P.S. Sirhind, 2dated 4-1-1995 P.S. Sirhind and 70 dated 13-8-1994 of P.S. Sirhind. In case F.I.R. No. 124 dated 18-12-1993 registered at P.S. Sadar, Ropar, the petitioner is directed to be released on bail on his furnishing bail bond in the amount of Rs. 1000/- with personal bond of the like amount to the satisfaction of the Court having jurisdiction to try the said case.With the above order and directions, the writ petition stands disposed of. https://indiankanoon.org/doc/
Highlights Forwarded By: Balbir Singh Sooch-Sikh Vichar Manch
First Posted On: July 29, 2020, 08: 54 (IST)
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