From News Dispaches NEW DELHI: The failure of the Special Investigation Team (SIT), to introduce in court Simranjit Singh Mann, one of the main conspirators in the Indira Gandhi assassination case, is another example of the contradictory stances that the Government has been adopting ever since the publication of the Thakkur report in The Indian Express the Government made out that the assassination of the former Prime Minister was a top priority item for it.

But subsequent events show that the Government is not as serious about pursuing the case as it claims, it is felt in legal circles.

Ina case of such magnitude not producing the key man in court ‘over a number of successive events is a serious matter said one top lawyer.

“When the SIT filed its second chargesheet on April 8, the Chief Metropolitan Magistrate S.L, Khanna, directed the prosecution to produce the four accused S.S. Mann Atinder Pal Singh, Jagm‘ohan Singhiand Dalip Singh on or before May 15.

The very next day Jagmohan and Dalip both Bombay based lecturers were arrested. They are produced in a Bombay court and on April 12 produced in Mr.

Khanna’s court at Tees Hazari. The magistrate remanded them to judicial custody till April 27. he also issued fresh production warrants for Mannand Atinder directing that they be produced in court on the same date.

No arrangements

When the matter came up for hearing on April 27 the SIT failed to produce Mann. They had already transferred Atinder from Sangrurjail to Tihar and were able to produce him as directed. Butin the absence of Mann the legal process to bring the so called conspirators behind Mrs. Gandhi’s assassination to book was delayed by another month.

The reason that prosecution gave for Manns nonappearance was that the Superintendent of Bhagalpur jail had’ not received the production warrants which were issued as early as April 12. Thus “adequate arrangements” could not be made to transport Mann to the Capital. The magistrate asked prosecution to produce him “without bail” at the next hearing on May 22.

Expecting that at least this time Mann would be brought to Delhi, his wife and other relatives turned up at the court in Tihar jail where the hearing was scheduled to be held on May 22. Two members of the Simranjit Singh Mann Defense Committee of Lawyers set up in Chandigarh were also present in the court.

But again the SIT managed to avoid producing him. The Chief Metropolitan Magistrate was in hospital and the officiating magistrate J.M. Malik directed’ the prosecution to produce the fourth accused so that the case is disposed of as quickly as possible.”

SIT term to end

This time prosecution’s plea was that adequate security arrangements could not be made in De for his protection. Then in Patna, the Commissioner Home, told Reporters that the BSF plane meant to take Mann to Delhi did! not arrive which is why he could not be produced in court.

‘The belief in legal circles is that the SIT forced to hurriedly file its chargesheet after the sudden revelation of the Thakkar report is yet collect complete evidence agail_Mann. Perhaps that is why the Government is now dragging its feet” said a Lawyer.

‘The term of the SIT is due to expire at the end of this month. Already there are reports that the ‘SIT is trying to pass off the case to the Central Bureau of Investigation.

Article extracted from this publication >>  June 2, 1989