From: dawar@gradient.cis.upenn.edu
Newsgroups: soc.culture.indian
Subject: Justice Bains - Supreme Court Hearings Begin
Summary: Report on the Supreme Court hearings - first day
Keywords: Justice Bains, Human Rights, Punjab
Date: 22 Jul 92 05:06:47 GMT

BULLETIN			 Number 25, July 17, 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

TRIAL OF JUSTICE BAINS CASE BEGINS IN THE SUPREME COURT OF INDIA
 New Delhi, July 16, 1992

Petition of Mala Fide Intent Against Punjab Govt.

The hearings on the petitions of Mrs. Rashpal Kaur Bains accusing the Punjab
government of malafide intent in the arrest of Justice Bains began today.
The accusation was partly based on the remarks of the Chief minister of
Punjab, Beant Singh to a delegation of lawyers warning them against
defending Justice Bains as he had "personal scores" to settle with him.  Two
of the lawyers, Mr.  Ranjan Lakhanpal and Mr. G.S. Dhillon had already filed
affidavits to this effect.  A division bench consisting of Justice
Venkatachelliah and Justice N.K.  Singh heard the counsel for Mrs. Bains,
Hardev Singh, present his arguments.

Judges Express Anguish at Handcuffing Incident

Hardev Singh went over the details of the arrest, the fact that Justice
Bains was picked up on April 3rd while the police records show he was
arrested on April 4th.  The judges raised the issue of the temerity of a
junior officer to handcuff Justice Bains.  justice Venkatachelliah expressed
anguish at such an incident and said that from past experience he could not
disregard the possibility that the punishment that the Punjab govt. claimed
it was meting out to the concerned police officer was a mere eyewash.
Earlier on July 9, the Advocate General of Punjab had declared to the Court
that disciplinary action was being taken against the officer guilty of the
handcuffing viz. two years was to be struck off his service record.  The
incident being referred to occurred on April 4 when Justice Bains was
handcuffed and made to stand in the sun for over two hours while the police
conducted a search of his house.  Justice Venkatachelliah said that the
court would decide on the compensation to be given to Justice Bains.

Judges Shocked by Atrocities and Lawlessness of the Punjab Police

At this point in the proceedings, Justice Venkatachelliah started talking
about the lawlessness of the police and spoke of some other instance where
he had seen it happening.  The fact that the mistreatment and humiliation of
Justice Bains was fully in keeping with the record of the Punjab police was
substantiated further by Hardev Singh when he produced a newspaper clipping
regarding a recent incident.  The incident occurred on July 13, 1992 when
the Punjab police chased two allege terrorists into Ambala in Haryana and
killed them.  The "terrorists" turned out to be one Jaswinder Singh, his
three year old son Harvinder and his wife's brother, Jasbir Singh [see
following article, "Killings in Ambala"].  It was reported that the police
tossed the child into the air as a target and indulged in shooting practice.
The incident evoked widespread protest and condemnation.  People from all
communities in Ambala came out in massive demonstrations and organized
roadblocks which continued even after the Haryana police caught hold of the
culprits of the Punjab police and produced them before the people - at the
time the paper went to print the suspects had not yet been formally
arrested.  Mourners raised slogans against the police as they marched in the
funeral procession.  The Ambala Bar Association boycotted the courts in
protest.  Members of Parliament from all sides raised the issue in the Lok
Sabha on July 15 demanding curtailment of the special powers of the Punjab
police.  Hardev Singh also described how people in Punjab were being used as
human shields by the police to flush out terrorists.  the Judges expressed
shock at the incident.  Justice Venkatachelliah said he could not even
imagine that such things could take place.  Hardev Singh said that the
Punjab police were carrying on in a manner reminiscent of the Nazis.

Counsel Argues: Justice Bains Arrested for Exposing Crimes of Police

Hardev Singh pointed out that as Chairman of the Punjab Human Rights
Organization, Justice Bains had exposed many such wrongdoings and atrocities
of the Punjab police and that this is why the police and the government were
trying to take revenge.  He then said that six others who were charged for
the same incident viz. an alleged secret meeting on the occasion of Holla
Mohalla, had been released on bail by the Sessions Court in Punjab, after
finding that the police could not prove their case.  Justice Bains had
already denied any knowledge or participation in such a meeting in an
affidavit submitted to the court earlier.

At this point the court adjourned for the day.  It was decided that the
hearing would continue on July 17 and may extend into Monday, July 20.
Newsgroups: soc.culture.indian