From: dawar@gradient.cis.upenn.edu
Newsgroups: soc.culture.indian
Subject: Justice Bains - Supreme Court Hearings Continue
Summary: A report on the second day of the SC hearings
Keywords: Justice Bains, Human Rights, Punjab
Date: 24 Jul 92 04:16:33 GMT

BULLETIN			 Number 26, July 18, 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 TRIAL OF JUSTICE BAINS CASE CONTINUES IN SUPREME COURT
New Delhi, July 17, 1992.

The hearings on the writ petitions filed by Mrs. Rashpal Kaur Bains,
alleging that there was malafide intent in the arrest of Justice Ajit Singh
Bains on the part of the Punjab Chief Minister, Mr. Beant Singh, continued
today in the Supreme Court of India.  On the first day of the hearings, July
16, the Court, presided over by a division bench consisting of Justice
Venkatachelliah and Justice N.K. Singh, heard arguments made by Hardev
Singh, Counsel for Mrs. Bains.  Today, July 17, the hearings only came up
five minutes before the court closed for the day.  In that time, Hardev
Singh argued that the entire edifice of the case against Justice Bains was
the First Information Report No. 41 filed on March 31, 1992 about a secret
meeting of Akali leaders alleged to have taken place in the Anandpur Sahib
Gurdwara on the occasion of Holla Mohalla on March 18.  Yet the name of Ajit
Singh Bains does not appear in this FIR.  Although the Punjab Government
claims that Justice Bains was arrested for making seditious speeches from
the ramparts of Keshgarh Sahib Gurdwara, the fact that he was detained
solely for investigation related to FIR 41 had been confirmed by an enquiry
officer, Mr. S.S. Aulakh, appointed by the Punjab and Haryana High Court.
The report read out in the Court by Hardev Singh, stated: "In compliance
with the orders of Hon'ble Justice J.B. Garg dated 6-4-92 [...] I consulted
Roznamcha commencing from 3-4-92 to 7-4-92 and found that Daily Dairy Report
No.  20 dated 4-4-92 at 7:30pm had been recorded in the Roznamcha which
shows that Justice Ajit Singh Bains (retd.) was arrested in connections with
investigation F.I.R. No. 41 dated 31-3-92 under Section 124-A, 153-A, 505
(1)b of the Indian Penal Code and under Sections 3 and 4 of the TADA Act and
also under Section 13 of Unlawful Activities Act, 1967."  Hardev Singh also
read out the FIR, filed by Head Constable Mehar Chand, which stated: "On the
day of the Holla Mohalla, 18-3-92, the leaders of the 6 sikh organizations
participated in a secret meeting for thinking next programme for panthanic
struggle, whose names are given below.  The meeting was held at the upper
storey of Gurdwara Kesgarh Sahib from 7:00am to 8:00pm in which the
following leaders participated: 1)Bhai Harminder Singh Gill, General
Secretary, Sikh Students Federation (Manjit Group) 2) Bhai Sukhbir Singh
Khalsa Dili, Sikh Students Federation (Mehta Chawla Group) 3) Jathedar
Kuldip Singh Wadala, General Secretary Akali Dal (Badal) 4) Sardar Tarlok
Singh, Acting President, Akali Dal (Mann) 5) Bhai Jasbir Singh Ghuman,
Working President, AISSF (Manjit Group) 6) Jathedar Mokham Singh, Acting
President, Babbar Akali Dal."  Hardev Singh also mentioned that Justice
Bains had filed and affidavit denying ever having participated in a secret
meeting in Anandpur Sahib on March 18.

During the hearing on the previous day Hardev Singh had argued that all the
six Panthic leaders, mentioned in FIR 41 had been released on bail by the
Sessions Court in Punjab, after finding that the police could not prove
their case.  Then how could Ajit Singh Bains arrested under the same FIR,
verified by an officer of the court, without even a mention of his name in
it, be still kept in prison?

At this point the court adjourned for the day.  It was decided that the
hearings would continue on Wednesday, July 22.
Xref: sparky soc.culture.indian:26595 soc.women:14439 talk.abortion:29758