Dear Hon’ble Sardar Buta Singh Ji,

Sub: S.S. Mann & 4 co-ac-cused Threat to Mann’s Life and Torture In Jail

  1. This is in continuation of my letter dated 18th June, 1986 (with which I had forwarded a copy of letter dated 12586 received from §, Simranjit Singh Mann) and my letter dated 22101986.
  2. In theses communications the extremely serious problems faced by SS. Mann and other co-ac-cused were placed before you for issue of suitable instructions to the Jail Authorities at Bhagalpur. None of these letters have so far been acknowledged and apparently no action seems to have been taken as the situation with reference to each of the problems highlighted in those communications has worsened.
  3. Mann’s ailing and constantly paining tooth continues to give him physical and mental torture. The abscess continues to appear from time to time. Mann bursts it with his finger to remove puss, It appears again after a few days and he bursts it again. The jail medical staff have been administering heavy doses of antibiotics. The repeated requests that the ailing tooth may be X-rayed and the problem properly diagnosed and if necessary the diseased tooth be extracted by an expert dentist even on our expense, are being ignored. Repeated orders of the court made on our petitions have been bypassed and ignored, Consequently Mann’s physical and mental health is deteriorating fast, In addition to written petitions and my submission, as his Counsel, Mann has been ‘making this point before the Special Court on almost every appearance before the Court for remand. This is the one problem that worries him most and has been putting his father, mother and wife and other relations under extreme tension. Mann and his relations feel that the Jail Authorities are deliberately neglecting and wrongly treating his tooth and they suspect this callous attitude is meant to put Mann to slow poisoning and death.

Tam instructed by Mann and his relations particularly his mother to ‘make this earnest request to you to kindly issue necessary instructions for X-ray of the ailing tooth of Mann and extracting of the tooth under expert dentist. We would foot the bill if necessary.

  1. Mann had listed many other serious grievances relating to absence of basic amenities to him and his co-ac-cuseds in jail, including a, No availability of newspapers, journals, and magazines, except one or two local papers which too are heavily censored before these are supplied to him.

b, He is not being allowed to keep a transistor radio, It was allowed when he was in Bharatpur jail, under orders of the Supreme Court. However, when he was transferred to Bhagalpur jail transistor radio which he used in Bharatpur jail was taken away and continues to be deposited with the jail authorities at Bhagalpur.

  1. No religious service is allowed once a week as is allowed to the ‘Muslim and Hindu prisoners in the same jail. A Mullah and a Brahmin priest visit the jail weekly to lead Muslim and Hindu inmates in prayers, Although all prisoners are allowed to view television programmes in the Bhagalpur jail, he is not, His request that he may be provided with a separate television set even at his own cost has not yet been accepted.

He continues to be illegally kept in solitary confinement; not allowed to move about even in the jail premises. Mann suspects that the purpose of the authorities is to drive him nuts.

  1. High police officers from the Cabinet, Secretariat, New Delhi and from Patna visit him in his cell from time to time without making their attendance in the jail register and without obtaining permission of the Court. This illegal trespass by the High Police Officers from the Centre and State, which is continuing for the last over one year in Bhagalpur was admitted by the police officers before the Special Judge at Bhagalpur during hearing before him and before the Judges of the High Court during hearing of States Application u/s 482 Cr. Pe, by the prosecution’s senior counsel Shri Basudey Prasad stated before the Judges of the Centre and State visit the jail to Took after Mann’s security arrangements, When asked by me why they do not mark their presence in the jail register and why they visit thejail like thieves, without orders of the Court, there was no reply. On behalf of Mann, I had stated that Mann apprehended danger to his life from police and from no one else and that the visit of the High Police Officers from the Centre and the State is for the purpose of forcing confessional’ statement Out of Mann and for eliminating him physically at some appropriate moment.
  2. For ready reference, Tam enclosing photocopy of my letter dated 18th June, 1986, and a photocopy of its enclosure which is the letter dated 12586 received by me from Mann and also a photocopy of my letter dated 22101986, ‘with my most earnest request that ‘you may very kindly find time to issue instructions to the jail authorities to stop this callous and cruel attitude and the police authorities not to make illegal visits to the jail. You may also like to issue appropriate instructions on the other grievances relating to his solitary confinement etc.
  3. I am under instructions from’ Col. Joginder Singh, Mann’s father, his mother and his wife to submit that if appropriate actions are not taken for rectify the above grievances and if God forbid, SS. and omission of the ail authorities or if he is eliminated otherwise by the illegal visitors from the police or he meets an unnatural death by any other case while in jail the responsibility will be of your ministry and yours personally as it is only you that the under trials have to tum for help, more so when they are held in Bhagalpur jail, the jail where several under trials had been blinded by police and jail staff by pouring acid into their eyes, which brought this ail into National and in fact Interactional limelight.
  4. Repeated requests have been made that Mann and other co-ac-cused may be transferred from Bhagalpur to Central jail at Bankipur near Patna or Central jail at Tihar as it is extremely inconvenient for relations of the accused to go to Bhagalpur from Punjab and Calcutta, etc. Also his counsel’s ‘cannot meet him as often as necessary to prepare his defense and accordingly it prejudices his defense, Transfer to Bankipur jail would not in any Way inconvenient the prosecution. Infact, it will serve their convenience also; At one stage Bihar State authorities had agreed to this during the hearing of Mann’s writ petition before the Supreme Court but they, changed their mind subsequently.
  5. One of the four co-acoused S, Raghabir Singh has been suffering from breathlessness and pain in the heart region and general weakness He has been continuously comp lining of these serious ailments. In spite of instructions of the Court given on submissions made to it on the subject, he has not been put under specialized treatment in some hospital as the jail does not

Have suitable arrangements for diagnosis and treatment in such cases. You may kindly issue appropriate instructions so that Raghbir Singh is hospitalized where suitable facilities for treating heart ailment, etc. exist, as otherwise it is Quite likely that he may succumb to his ailment anything in jail particularly as he is already extremely weak as a result of continuance of ill health. Responsibility for murder through neglect will be of the government. This is what Raghabir Singh wanted me to emphasize before you.

  1. On 611987, charges under section 124A (Sedition), 153A (Promoting enmity between different groups), 505A (causing mutiny), 121A (conspiracy to wage war against government), etc, were framed against Mann and other co-accuseds by Special Judge Bhagalpur. Each of the accused denied each charge and asked to be tried. While pleading not guilty Simarajit Singh Mann told the Court that his was 100% pure Indian blood and his patriotism was no less than anyone else including the country’s rulers of today. One of the other co-accused while denying the charges, stated that by cooking up such serious false charges against them the police is inciting others who watch from outside the fate of these undertrials for actually indulging in such crimes, which is extensively before the Hon’ble Court that even if the entire evidence placed on record by the prosecution is believed to be true, no charge is made out against any ‘of the accused except the charge of abetment of bribing government servant on Kamiker Singh, one of the accused. There was absolutely nonmaterial on record to show any ‘war like activity on the part of any accused or for commission of any other offense by any of the accused including Mann. Prosecution is heavily relying on letter dated June 2, 1984, written by Mann to Chief Secretary of Punjab in ‘which he aired his grievances against his Department and warned against sending armed forces into the Golden Temple and his lever dated June 18, 1984, addressed to President of India submitting his resignation from IPS. The very fact that Mann was dismissed from service instead of accepting his resignation and no other action ‘was taken against him on the basis of these letters at that time proves that there is nothing seditious ‘or ‘war like in these letters: To treat copies of these letters I Jow as “evidence against of such serious After the hearing when I met Manniinjail, he apprehended that press will cover only framing of charges and not their denial or the arguments of their Counsel (ie. myself), That came out to be true. Media is being fed with tilted news by the prosecution for the last two years to create adverse public opinion against Mann and others.

The entire story about his waging war against the government, sedition, etc. is concocted by the police. He is an arc nationalist and patriot and it was that spirit the he forewarned the government ‘writing not to send army into the Golden Temple as it would outrage the religious and spiritual sensitivities of the Sikh masses who will feel grievously hurt and ‘consequently the nation would have a very serious problem at hand. The government, however, went ahead with their planned Operation Blue Star. Mann as a devout Sikh felt greatly anguished and submitted his resignation from the high post of DIG police. The government instead of accepting his resignation dismissed him from service. Mann felt that the government was enraged against him. To save himself from the wrath of the police he went underground. He never indulged in any of the activities for which he is charged. He is too much of a patriot to indulge in any such alleged criminalities.

Mann’s grievances that his side of the story has not been given proper coverage by the media and therefore in the public mind his case is greatly prejudiced. Media coverage is also likely to prejudice the mind of even the courts, much before the case is heard by them. ‘Mann wanted to bring this aspect of the matter to your personal notice for whatever it is worth and for whatever action you may deem proper to take.

Mr. Ram Jethmalani wanted to ‘meet you to appraise you personally of all this and to suggest practical measures to solve the complicated Punjab problem, after he had toured the troubled villages in Punjab along with about 100 members of his Peace Mission, I’ had introduced him to the village audiences through. After repeated requests, you personally gave him date and time for interview! On the appointed day he came from Bombay to meet you. He had no other work, However, ‘you refused to meet him and he had to go back disappointed. I had also tried to get appointment with ‘you leaving my request with your Staff for several days. No response, Hence this lengthy letter. Mann.

and other caucused wanted it. With kind regards and wishing you very happy New Year.

Yours Sincerely,

Dr. B.L. Wadehra (Counsel for Sardar Simaranjit Singh Mann and the other four coaccused: Raghabir Singh, Charan Singh, Kamikar Singh and

Jagpal Singh).

Article extracted from this publication >>  September 11, 1987