LUDHIANA, Punjab, India: Mr. JS. Mander. Judicial Magistrate First Class, Ludhiana, has issued a warrant of arrest against Mr. Bhajan Lal in a complaint filed by a focal advocate alleging abetment of crime by the Union Environment Minister. The complainant, Mr. D’S. Gill, in his ‘complaint under section 115 of the Indian Penal Code. Quoted the minister in directing the security forces and the general public to kill the Sikh freedom fighters rather than apprehending them and trying them in courts of law. The ‘Complainant alleged that the Minister’s statement which was published in the Tribune dated August 24, amounted to issuing of imperiled order, punishable with death or imprisonment for life or in being case the crime not being Committed in consequence of the abetment, imprisonment for seven years and fine under section 159 IPC.

Three witnesses in addition to the complainant told the court that the Union Minister’s statement ‘was too serious to be ignored. It ‘was remincient, they alleged of the treatment meted out to the Sikhs during the Asian Games in 1982 in a much worse form, Mr. BS. Bindra, assisted by GS. BAL and Harchand Singh Gill, Advocates represented the complainant. They pleaded that the complaint and the statements of the witnesses clearly made outa primafaci case against Mr. Bhajan Lal.

In his order Mr. JS. Mander observed that looking at the evidence and the allegations in the complaint; I am of the view that the accused be summoned through nonsalable warrants but keeping judicial restraints in view. T think ends of justice will be met with the ‘order if the accused 1s summoned through the boilable warrants in the sum Rs. 10,000 with two absurdities of like amount. Accordingly the accused is ordered to be summoned under section 115 IPC through bailable warrants.

Article extracted from this publication >>  November 27, 1987