NEW DELHI (PTD The district and sessions judge Jaspal Singh directed the Tihar jai] authorities to protect the fundamental rights of Atinderpal Singh, one of the accused in the Indira Gandhi assassination case.

The court’s directions came after allegations made by Atinderpal Singh, chief of Khalistan liberation organization, that the jail authorities had threatened him with dire consequences and were depriving him of basic facilities despite the court orders.

In his order the judge directed the deputy jail superintendent S. Mahapatra, against whom the allegations were made, and the jail medical superintendent to appear before the court on October 21 with complete records.

Jaspar Singh who held a special sitting at Tihar Central Jail said that the jail authorities shall see to it that the body and rights of Atinderpal Singh are fully protected.

Earlier the accused, who appeared before the court in his undergarments, alleged that the jail authorities, particularly the deputy jail superintendent, Mr. S. Mahapatra, has threatned to exterminate him if he would lodge a protest before the judge.

The counsel for Atinderpal Singh P. N. Lekhi sub mitted before the court that the government was trying to delay the proceeding and causing obstructions in the course of a fair and speedy trial.

Lekhi said the entire exercise by the prosecution was aimed at causing harassment and creating uncertainty for the accused and confusion in the mind of the public. The prosecution was afraid of a cross examination as it would ex pose the real conspirators including R. K. Dhawan, he said.

Referring to a Patna (capital of eastern Indian state of Bihar) High Court order staying the trial and proceedings, the counsel for the accused raised several legal questions about the order.

Jaspal Singh, then ad journed the hearing till Oc tober 21.

Meanwhile, the counsel for Simranjit Singh Mann, a former Indian Police Service’s (IPS) officer, has moved a bail application for release of the accused as there were not (not) sufficient evidence to make out even a reasonable suspicion of the applicant’s complicity in the conspiracy to assassinate Indira Gandhi.

The nine page bail application alleged that the prosecution, launched by the special investigation team, was a gross abuse of legal process as it had been instituted without any evidence and without any legal justification.

Article extracted from this publication >>  October 20, 1989