CHANDIGARH India: A full bench of Punjab and Haryana High Court headed by Chief Justice DS. Tewatia struck down as ultra vires of the constitutional, sections of 61, 24A and only a portion of section 288 of Terrorist and Disruptive Activities Prevention Act, 1985, updated in 1987, in a petition filed by Mrs. Bimal Kaur Khalsa, wife of martyr S. Beant Singh and three other detainees. Some other provisions: of the Act, challenged by the petitioners were also declared as ultra vires of the Constitution Justice SS. Kang and Justice Mr. ‘Agnihotri also constituted as members of the bench which struck down these provisions of the said acts as ultra vires.

The section 16 (I) provides that the proceedings before a designated court could be conducted in camera. Section 20A provides that the accused may be produced before judicial or executive magistrate for the purposes of remand. With the striking down of the provision, the executive magistrates lost their powers of removing the accused.

Another section, which was struck down unanimously was section 20(A\B) of the Act, which provided that the accused was not likely to commit any offence while out on bail. This provision required that the court must have reasons to believe that the accused was not likely to commit any crime before accepting the bail application. However the portion of this section that the accused was not guilty of the offence charge remained intact.

Mrs. Bimal Kaur Khalsa had challenged the validity of most of the provisions of Terrorists and Disruptive Activities Prevention ‘Act, 1985, later modified in 1987. She was arrested under the FIR, no 129, on June 4, 1986, for making alleged attack on one Avtar Singh who was the member of defence forces in the Golden Temple, Avtar Singh later died in the hospital.

It was argued that the provisions of the Act were violative of the Article 14, 19, and 21 of the Constitution.

Mr. DS, Khoji, Mr. DS. Brar, Mr. Sawarn Singh, and Mr, Bawa appeared for the petitioners while the Union of India was represented by Mr. Anand Sarup and others.

Eighth Annual Parade At Yuba City on Nov. 1, 1987 ‘UBA CITY, Cas: The final touches are being given to the arrangements for organizing the Fight Annual Parade at Yuba City on Sunday, the November 1, 1987 at 11:00 a.m. in connection with the coronation of Siri Guru Granth Sahib. The devotees in large numbers from all over the world are expected to participate in this function, the parade will commence from Gurdwara Tierra Buena Road, Yuba City, at 11:00 am. The whole programme is being telecasted on local T.Y. station.

The programme includes the beginning of Akhand Path on October 30 at 9:00 a.m., the Bhog of ‘Akhand Path on November 1 at 9:00 a.m. and the parade will start at 11:00 am. On November 1, 1987.

World Sikh Organization is holding an International Sikh Convention in the Gurdwara Library Hall, Tierra Buena Road, Yuba City, on Saturday, October 31, 1987 at 10:00 a.m. The leaders of the Sikh community from US.A. And Canada is expected to attend and discuss the Punjab situation.

A lot of enthusiasm is being shown in Sikh circle for the success of the whole program.

Article extracted from this publication >>  October 30, 1987