Government It is alleged that the accused is highly biased and prejudiced against the Punjab Sikhs as a Class as is evident from the treatment he, as a Chief Minister of Haryana, meted out to them and as a Union Minister, he showered humiliation upon the Sikhs.
- It is alleged that on August, 1987, accused threw all norms off restraint to the winds and gave an un-bridled vent to his anger and venom against the Sikhs in a Speech at Hissar where he openly instigated
Armed Forces and others to kill Sikhs by branding them as terrorists. He said, “Terrorists should be shot dead. They did not deserve to be arrested and tried by Courts of Law. Only a tough posture against such elements could help resolve the Punjab problem”.
The aforesaid speech has been reported by Raman Mohan, a Staff Correspondent of ‘The Tribune’ (English Daily based in Punjab). It is also alleged in Para No. 10 of the complaint that Defence Ministry of India issued a Notification in July, 1984, and it was observed in the said Notification titled Baat Cheet as follows:
“2. Being pledged to democracy and secularism, it it has been a practice of the Government to honour the religious sentiments of every community. Accordingly, police entry into the places of worship was not permitted, although there is no written law which expressly prohibits it. Government showed utmost patience in dealing with the terrorists, who had taken shelter in Gurdwaras and were issuing death warrants, killing innocent people all over the country belonging to every community. Lawlessness prevailed over long time. These terrorists, criminals, murderers, smugglers and other undesirable elements wanted by the Police, taking shelter in the Gurdwaras, started organizing themselves for anti-national activities. A large quantity of arms ammunition, sophisticated transmitting equipment recovered by us during the action and Pakistani nationals dressed as Nihangs prove their evil design. Countries inimical to us and some disgruntled ex-servicemen also helped extremist is by training them. The temples were converted into fortresses and unlawful activities continued un-abated. Some of our innocent countrymen were administered oath in the name of religion to support extremists and actively participate in the act of terrorism.
These people wear miniature kirpan round their neck and are called “Amritdharis”
- Atter the registration of the complaint, Sh.D.S.Gill, Advocate appeared as PW-1 and also examined PW-2 Mohinder Singh, PW-3 Doctor
Rajinder Pal Singh and PW-4 Bhupinder Singh Somal, Advocate and then closed the preliminary evidence.
- After the close of the preliminary evidence I have heard learned counsel for the complainant and perused the record very carefully and minutely. It has been argued that the accused be summoned under Section 204 Cr. P.C, for having committed an offence under Section 115 IPC.
Before proceeding further, it is to be seen that Section 115 IPC reads as follows:
“115. Abetment of offence with death or imprisonment for life. Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the Punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine”.
ILLUSTRATION
“A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine”.
Ex-PA is the photo state copy of The Tribune dated 24th August, 1987 wherein accused Bhajan Lal has given the statement alleged in the complaint. Our country is a democratic country where Judiciary is independent and it 1s for the Judiciary to determine as to who is terrorist and what punishment should be given to a person if he is proved to be terrorist. It is not within the powers of Bhajan Lal to instigate the Authorities that the terrorist should be shot dead. Clearly, therefore, accused Bhajan Lal has transgressed the limits and norms of Union Minister and he made utterances at Hissar in an utter thoughtless and irresponsible manner. Not only he ppears to have committed an offence under Section 115 IPC but also, lowered down the image of the whole Indian Judiciary in the eyes of Law which prima facie constitutes an Offence of Contempt of the Court also. But, however, this matter will be looked into later on, as at present, there is no complaint or allegation in the complaint to this effect. Circular issued by Army authorities, Photostat copy of the same has been placed on the record which is Ex-PC. It has been reported in the Spokesman (News Weekly based in Delhi) dated 10th September, 1984 that every Amritdhari A ‘Terrorist, Murderer Or Arsonist’. Photostat copy of the Spokesman Weekly is Ex-PB. Anyway the allegations against the accused are very serious and they became highly more serious when they were made by a person who is occupying such a high chair against a particular community.
- I am alive in the question of jurisdiction before summoning the accused as alleged instigation was addressed to the People of Punjab. As contemplated in 1978 Crl. Law Journal page 204 and 1983 Crl. Law Journal page 361, the venue of the trial in case of newspaper items can be either the Court within whose jurisdiction publication is made or the Court in whose jurisdiction the matter is circulated or distributed. Matter has been circulated in the jurisdiction of this Court. So clearly, this Court has jurisdiction to summon the accused. io permission under Section 197 Cr.P.C. is needed as the statement was not made in the discharge ot official duties by the accused. Accused is Union Minister of the Environment and Forest Minster and his reckless and lawless talk about the terrorist in Punjab is not a part of his official duty. I have also perused the preliminary evidence led by the complainant. According to the statement of PW-4 Bhhpinder Singh Somal Advocate, his brother was called by the Police number of times and then it was alleged that he was murdered by the B.S.F. and even the dead-body bad not been returned to Bhupinder Singh Somal, Advocate. This incident is alleged to have taken place on 4.9.1987. According to the arguments advanced by learned counsel to the complainant, it is maintained that such offences are committed by Armed Forces after the statement is given by the accused. This is taken place , at a place, near Jagraon. PW-2 Mohinder Singh Jawanda, a kissan leader, has stated that subsequent to the statement issued by Bhajan Lal, many people were killed after taking them out from the jails. PW-3 Rajinder Singh who is Doctor and civil liberties activist associated with Hon’ble Mr. Justice A.S.Bains, has stated that when he was in Police custody, S.P. Detective, Ludhiana, Sh Surjit Singh told him that he should leave Ludhiana and go to his farm in M.P. as they have orders from Bhajan Lal to kill any Sikh dubbing him as terrorist. He was further asked to leave the work of civil liberties.
- Looking into the evidence and the allegations in the complaint, I am of view that the accused be summoned through non-bailable warrants but keeping judicial restraint in view, I think ends of justice will meet if the accused is ordered to be summoned through bailable warrants in the sum of Rs. 10,000/- with two sureties of the like amount.
Accordingly, the accused is ordered to be summoned under Section 115 IPC through bailable warrants in the sum of Rs. 10,000/- with two sureties of the like amount. PF (Process Fee) be given within two days. Copies of the complaint and list of witnesses to be furnished. As a matter of fact, list of witnesses wherein formerly Judge of the Hon’ble High Court of Punjab & Haryana, Chandigarh, Hon’ble Mr. Justice A.S.Bains and Mr. Gurcharan Singh Grewal, Chairman, Bar Council of Punjab & Haryana High Court and 23 other very respectable witnesses have been cited including Editor-in-Chief Mr. V.N.Narayanan of The Tribune. To come up on 14.12.1987.
Sd/-
Pronounced:- 20.11.1987 Judicial Magistrate, 1st Class, Ludhiana.
Attested to be true of the original Order
Sd/- Harchand Singh Gill, Advocate.
