From: dawar@gradient.cis.upenn.edu
Newsgroups: soc.culture.indian
Subject: Justice Bains - Supreme Court Hearings
Summary: Supremem Court continues to hear Bains case
Keywords: Justice Bains, Human Rights, Punjab
Date: 18 Aug 92 15:29:27 GMT

BULLETIN			 Number 31, August 14, 1992.
Committee for the Release of Justice Ajit Singh Bains.

Issued by Dr. Jeffrey Goodman - Canadian Coordinator
	  76 Rusholme Rd., Toronto, Ontario M6J 3H5
	  Tele/Fax Number: (416) 537-8142

The hearings of the petition of mala fide against Mr. Beant Singh, Chief
Minister of Punjab, filed by Mrs. Rashpal Kaur Bains, continued in the
Supreme Court of India today, August 14.  The hearings had begun on July 16
and continued on July 17 and 28.  As of the last day, Hardev Singh, Counsel
for Mrs. Bains, had presented the full case against the Chief Minister.

GOVERNMENT PROPOSES: BAINS RELEASE ON BAIL IF PETITION WITHDRAWN

At the onset of the hearing on August 14, the Attorney General of India, Mr.
Ramaswami, on behalf of the Government, put forward a proposal to the bench
consisting of Justices Venkatachelliah, Sawant and Singh.  He said that
considering the age and status of Justice Bains, he together with the
Advocate General of Punjab, Mr. Chathrath, had convinced Mr. Beant Singh not
to oppose the release of Justice Bains on bail.  The Punjab Government had
been opposing the application for bail which was pending a hearing by Shri
Harjit Singh, Additional Judge of the Designated Court at Ropar.  A date had
already been set for August 18.  Mr. Ramaswami added that this offer not to
oppose the release of Ajit Singh Bains on bail was conditional on the
withdrawal of the writ petition alleging mala fide.

JUDGES REFUSE TO LINK THE TWO CASES, PETITION MUST BE HEARD

The judges replied that they were happy that the learned counsel had decided
to allow Justice Bains to be released on bail, but that they did not agree
that the two cases, i.e. the bail application in the lower court and the
writ petition in the Supreme Court, could be linked.  In other words, they
did not see why Hardev Singh should withdraw the writ petitions.  Even if
Justice Bains were set free, there were charges in the writ petition that
needed to be settled.  Further, even if Hardev Singh withdrew the writ
petitions, he could always file other petitions later.  Attorney General MR.
Ramaswami then said that, in that case, he was withdrawing the offer.

SUPREME COURT URGES PUNJAB GOVT. NOT TO OPPOSE BAIL APPLICATION

Justice Venkatachelliah turned to Hardev Singh and said that you have won a
victory on at least one point.  He then made the proposal that the Punjab
Government should not oppose the bail application of Justice Bains and at
the same time the writ petitions should continue to be heard in the Supreme
Court.  The judge asked Hardev Singh what he thought of this.  Hardev Singh
said he agreed, as it did not compromise his right to carry on with the mala
fide case.  MR. Ramaswami and Mr. Chathrath also agreed to this.  The next
date for the hearing of the wit petitions has been fixed for September 8.
The bail application will be heard in the Designated Court in Ropar, Punjab
on August 18.
Xref: sparky soc.culture.indian:28034 soc.culture.pakistan:13627