NEW DELHI: The Supreme Court in a brief affidavit filed recently was told that the former judge of Punjab and Haryana High Court A.S.Bains had been detained under the anti-terrorist activities law for joining the chorus with the pro-Khalistan militants in Punjab.
The affidavit filed by the senior superintendent of police (Ropar) Sanjeev Gupta said Bains speech at Anandpur Sahib on the occasion of Hola Mohalla on March 18 amounted to inciting the militants to secure Khalistan. “The speech was secessionist in its content” the affidavit said. It directly “compromised the sovereignty and territorial integrity of India” Gupta said through his counsel.
The vacation judge Justice M.N. Venkatchaliah who had earlier issued notice to the chief minister of Punjab Beant Singh on a petition by Bains asked Hardey Singh counsel for the detainee to either deny or confirm the allegation The judge will have a special sitting to take up the issue.
Bains was arrested on April 4 at Anandpur Sahib the affidavit said. However the detainee and his relatives have accused the police of keeping the former judge in illegal custody for 14 hours as he was “in fact arrested on April 3. They have also alleged handcuffing of the former judge They have petitioned the Supreme Court alleging mollified intention on the part of Beant Singh in arresting Bains as the former judge had rejected his testimony favoring the accused in a double murder case 10 years ago Beant Singh was state minister then
Meanwhile the state government submitted in the Supreme Court that “mere fact that Ajit Singh Bains was a part of judicial fraternity does not give any sanction for him to be treated differently under the prevalent laws.”
The handcuffing of the detainee the affidavit said had no nexus with the fact of an_ offence having been committed by him “The remedy for the same is available to the accused” the affidavit added. ;
The seven-page wan slated version of Bains speech was submitted to the court. It” quotes Bains as saying the youth are being killed in fake encounters and even the dead bodies are not given to their families. So much oppression was not perpetrated either” by the British or the Mughal governments.” Expressing support for the human rights organizations Bains was stated to have lauded the boycott of the elections and resolutions passed by the militants. “This historic boycott was because we want Khalistan.
“In reality you are slaves today. You require a resolution of only two or three lines. In 1940 Muslim League Passed a resolution that we do not want Hindustan we want Pakistan and they declared that they were prepared to make all sacrifices to achieve Pakistan. In the Same manner the resolution should be of two lines that “we want Khalistan and the People had given a verdict by joining the boycott”
The former judge was stated to have said “Today we should give a slogan that rulers of India tyrant’s killer quit our Punjab.” The translated version refers to Bains narration of the Pre-Independence events and the role played by Babar Akali Dal. It further quotes Bains as saying “But these tyrants have not given justice in the last 45 years. Now every Sikh is (an) extremist and separatist in their eyes. We are neither extremists nor secessionists and nor are we communal we are believes in the truth we are now fighting (a) war of independence. Hindustan is no nation.
The Bruisers named it India. There is no nation but we are (a) separate nation. We have our own language we have our own religion We have Our own seat and we have Our own history”
Article extracted from this publication >> June 26, 1992
