NEW DELHI: The Additional Chief Metropolitan Magistrate J.M. Malik conducting the Indira Gandhi assassination case has ordered the production of the prime accused. Simranjit Singh Mann, positively on August 19 the next date of hearing.

Malik in his order on Saturday gave final opportunity to the prosecution to produce Mann currently lodged in the Bhagalpur jail and facing sedition charges.

Malik said that the jail authorities would invite strictures if they failed to comply with the

orders of the court. The case cannot be kept in abeyance and the law would take its own course in the interest of justice and fair play, if Mann was not produced on August 19.

The prosecution failed for the third consecutive time to produce Mann.

‘A Mockery’

Wadhera said that “this is a mockery of judicial process further compounded by the fact that “the relevant parts of the Thakkar Commission report are still being kept back as also more than 6000 pages of evidence and other materials.

In his appeal on behalf of his client, Wadhera said that there was “no adequate reason for an adjournment.”

He also moved an application under Section 309 of CRPC (2) seeking Rs 50,000 as penalty for inconvenience caused to Mann’s counsel and relatives due to Saturday’s adjournment of the proceedings.

In their application on behalf of Mann, Wadhera and Ms Krishnamurthy stated that further remand of the accused be refused.

“Remand itself is a judicial order which cannot be made without the presence of the accused and giving him an opportunity to oppose that remand they submitted. Remand Extension Malik, who presided over the proceedings in the absence of the designated judicial officer, S.L. Khanna said that Wadhera’s application would be considered at the next date of hearing on August 19. Malik also extended till August 19 the judicial remand of Mann and the three other accused namely, Atinderpal Singh and the Bombay lecturers. Jagmohan Singh Toni and Dalip Singh. Wadhera informed the court that last fortnight production warrants for Mann could not be served. He pleaded that this time the warrants be given to the authorities by hand.

Malik issued fresh production warrants for S. S. Mann and directed the Bhagalpur Jail superintendent to produce the accused before the court on August 19. He directed that a copy of warrant be given to the prosecution so that it could be served on the Bhagalpur Jail superintendent.

Plea for Sessions trial Earlier, during arguments the counsel for Atinderpal Singh, P.N. Lekhi submitted on behalf of all defense counsel that the case should be committed to Sessions for trial as all the documents and necessary papers had been received by the accused.

Lekhi charged the prosecution with delay These remarks led to exchange of hot words between Lekhi and the counsel for the prosecution, S.K. Minocha.

A visibly agitated Minocha charged the defense counsel with using the court as a “platform to voice their grievances, making long speeches and not cooperating with the prosecution in conducting the proceedings in a proper manner.”

 

Article extracted from this publication >>  August 11, 1989