Criminal Complaint no. 83/1 of 7.11.1987
D.S. Gill, Advocate, General Secretary, Punjab Sikh Lawyers Council (PSLC), District Courts, Ludhiana.
Complainant
versus
Shri Bhajan Lal, son of not known, Member, Rajya Sabha, at present Union Environment & Forest Minister Government of India New Delhi.
Accused
Complaint under Section 115 of the Indian Penal Code(IPC)
Mr. D.S. Gill, Advocate, complainant with counsel
Present:
Mr. G.S. Bal, Advocate
O R D E R
- Complainant D.S. Gill, Advocate has filed this complaint under Section 115 of the Indian Penal Code against Sh. Bhajan Lal, Member, Rajya Sabha, at present Environment & Forests Minister, Government of India, and New Delhi. Punjab Sikh Lawyers Council (PSLC) is a non-party organisation representing Sikh Intelligentsia in the Field of Law. The said Council is mainly committed to the defence and promotion of civil liberties, human values and Constitutional rights of the people and the State of Punjab. The Council has been effectively coordinating with the Punjab Human Rights Organisation led by Hon’ble Mr. Justice, A.S. Bains, and Retired Judge of Punjab & Haryana High Court. The accused was earlier Chief Minister of the State of Haryana and now, a Minister in the Union Government. It is alleged that the accused is highly biased and prejudiced against the Sikhs as a class, as is evident from the treatment he, as a Chief Minister of Haryana, meted out to them and then as a Union Minister, how he showered humiliation upon the Sikhs
- It is alleged that on 23 August, 1987, accused threw all norms of restraint to the winds and gave an un-bridled vent to his anger and venom against the Sikhs in a Speech at Hissar where he openly instigated Armed Forces and others to kill Sikhs by branding them as terrorists. He said,
“Terrorists should be shot dead. They did not deserve to be arrested and tried by Courts of Law. Only a tough posture against such elements could help resolve the Punjab problem.”
The aforesaid speech has been reported by Raman Mohan, a Staff Correspondent of The Tribune (English Daily based in Punjab). It is also alleged in para No. 10 of the complaint that Defence Ministry of India issued a notification in July, 1984 which appeared in Spokesman Weekly, New Delhi on 10th September, 1984, and it was observed in the said Notification titled Baat Cheet as follows:-
“2. Being pledged to democracy and secularism, it has been a practice of the Government to honour the religious sentiments of every community. Accordingly, police entry into the places of worship was not permitted, although there is no written law which expressly prohibits it. Government showed utmost patience in dealing with the terrorists, who had taken shelter in the Gurdwaras and were issuing death warrants, killing innocent people all over the country belonging to every community. Lawlessness prevailed over a long time. These terrorists, criminals, murderers, smugglers and other undesirable elements wanted by the Police, taking shelter in the Gurdwaras, started organizing themselves for anti-national activities. A large quantity of arms, ammunition, sophisticated transmitting equipment recovered by us during the action and Pakistani nationals dressed as Nihangs prove their evil design. Countries inimical to us and some disgruntled ex-servicemen also helped extremists by training them. The temples were converted into fortresses and unlawful activities continued un-abated. Some of our innocent countrymen were administered oath in the name of religion to support extremists and actively participate in the act of terrorism. These people wear miniature kirpan round their neck and are called “Amritdharis”.
- After the registration of the complaint, Mr.D.S. Gill, Advocate appeared as PW-1 and also examined PW-2 Mohinder Singh, PW-3 Doctor Rajinder Pal Singh and PW-4 Bhupinder Singh Somal, Advocate and then closed the preliminary evidence.
- After the close of the preliminary evidence | have heard learned counsel for the complainant and perused the record very carefully and minutely. It has been argued that the accused be summoned under Section 204 Criminal Procedure Code(Cr.P.C.) for having committed an offence under Section 115 IPC. Before proceeding further, it is to be seen that Section 115 IPC reads as follows:-
115 Abetment of offence with death or imprisonment for life. Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished’ with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Illustration
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore, A is liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years and to fine”.
Ex-PA is the Photostat copy of The Tribune dated 24th August, 1987 wherein accused Bhajan Lal has given the statement as alleged in the complaint. Our country is a democratic country where Judiciary is independent and it is for the Judiciary to determine as to who is terrorist and what punishment is to be given to a person if he is proved to be terrorist. It is not within the powers of Bhaian Lal to instigate the Authorities that the terrorist should be shot dead. Clearly, therefore, accused Bhajan Lal has transgressed the limits and norms of Union Minister and he made utterances at Hissar in an utter thoughtless and irresponsible manner. Not only he appears to have committed an offence under Section 115 IPC but also, he lowered down the image of the whole Indian Judiciary in the eyes of Law which prima facie constitutes an offence of Contempt of the Court also. But, however, this matter will be looked into later on, as at present, there is no complaint or allegation in the complaint to this effect. Circular issued by Army Authorities, Photostat copy of the same has been placed on the record which is Ex-PC. It has been reported in the Spokesman dated 10th September, 1984 that every Amritdhari A ‘Terrorist, Murderer or Arsonist’. Photostat copy of the Spokesman Weekly is Ex-PB. Anyway the allegations against the accused are very serious and they became highly more serious when they are made by a person who is occupying such a high Chair against a particular community.
- I am alive to the question of jurisdiction before summoning the accused as alleged instigation was addressed to the people and Member of the Forces all over the country including the People of Punjab. As contemplated in 1978 Crl. Law Journal page 204 and 1983 Cri. Law Journal page 381 the venue of the trial in case of newspaper items can be either the Court within whose jurisdiction publication is made or the Court in whose jurisdiction the matter is circulated or distributed. Matter has been circulated in the jurisdiction of this Court. So clearly, this Court has jurisdiction to summon the accused. No permission under Section 197 Cr.P.C. is needed as the statement was not made in the discharge of his official duties by the accused. Accused is Union Minister of the Environment and Forest Minister and his reckless and lawless talk about the terrorist in Punjab is not a part of his official duty. I have also perused the preliminary evidence led by the complainant. According to the statement of PW-4 Bhupinder Singh Somal, Advocate, his brother was called by the Police number of times and then it is alleged that he was murdered by the Border Security Force (B.S.F.) and even the dead-body had not been returned to Bhupinder Singh Somal, Advocate. This incident is alleged to have taken place on 4.9.1987. According to the arguments advanced by learned counsel for the complainant, it is maintained that such offenses are committed by Armed Forces after the statement is given by the accused. This has taken place, at a place, near Jagraon. PW-2 Mohinder Singh Jawanda, a Kisan Leader, has stated that subsequent to the statement issued by Bhajan Lal, many people were killed after taking them out from the Jails. PW-3 Rajinder Paul Singh who is doctor and civil liberties activist associated with Hon’ble Mr. Justice A.S. Bains, has stated that when he was in Police custody, S.P.(Detective), Ludhiana, Sh. Surjit Singh told him that he should leave Ludhiana and go to his farm in the State of Madhya Pradesh as they have orders from Bhajan Lal to kill any Sikh dubbing him as terrorist. He was further asked to leave the work of civil liberties.
- Looking into the evidence and the allegations in the complaint, I am of the view that the accused be summoned through non-boilable warrants, but keeping judicial restraint in view, I think ends of justice will meet if the accused is ordered to be summoned through boilable warrants in the sum of Rs.10,000/- with two sureties of the like amount. Accordingly, the accused is ordered to be summoned under Section 115 IPC through boilable warrants in the sum of Rs. 10,000/- with two sureties of the like amount. Process Fee is given within two days. Copies of the complaint and list of witnesses are furnished. As a matter of fact, list of witnesses
wherein formerly Judge of the Hon’ble High Court of Punjab & Haryana, Chandigarh, Hon’ble Mr. A.S. Bains and Mr. Gurcharan Singh Grewal, Chairman, Bar Council of the Punjab & Haryana High Court and 23 other very respectable witnesses have been cited including Editor-in-Chief of The Tribune, Mr. V.N. Narayanan. To come up to 14.12.1987.
Sd/-
Pronounced :- 20.11.1987 Judicial Magistrate, 1st Class, Ludhiana.
