NEW DELHI: The Akali Dal Mann president Simranjit Singh Mann who insisted on carrying a three-foot sword inside the courtroom to hear the arguments by his counsel was denied entry by the Supreme Court
A two-judge bench comprising Justice A.M.Ahmadi and Justice K.Ramaswamy turned own the plea of Mann’s counsel R.S.Sodhi that the Akali Dal leader be allowed to attend the hearing. He informed the court that Mann had been stopped by the securitymen outside the courtroom (4) as he was insisting on carrying the sword with him. Counsel also informed the court that Mann had already petitioned the register general S.Rai for permission to enter the courtroom with his sword.
Justice Ahmadi noted whether the petitioner should be allowed to enter the courtroom with a sword or not was to be decided by the security staff. “If security arrangements do not permit it we can’t interfere in it” the court said.
However Justice Ahmadi pointed out that if Mann wanted to hear the arguments “he should abide by the discipline of the court.” On this Sodhi told the court that in October last year the J&K high court had allowed Mann to attend the proceedings although he was carrying the sword.
Meanwhile the court reserved its order on Mann’s writ petition seeking stay of the execution of the two assassins of Gen AS.Vaidya Sochi submitted that Harjinder Singh alias Jinda and Sukhdev Singh alias Sukha be not executed until the court decides the constitutionality of the Terrorist and Disruptive Activities (Prevention) Act. He said about 400 petitions challenging the validity of TADA were pending before the apex court
The court questioned the locus stardi (the right to petition) of Mann in seeking stay of execution of the convicts Counsel replied that in a case involving life and death any person can petition the court. The judges replied that the law had already been laid down that in criminal cases only the accused persons are entitled to move the court.
Article extracted from this publication >> September 18, 1992
