CHANDIGARH, India: The Supreme Court ordered the transfer to Delhi High Court of suit seeking damages of 1000 cores, from nineteen past and resent Union Ministers, and fifteen senior government officers including army chief Mr. K. Sundenji for Operation Blue star in the Golden Temple Complex on June 6, 1984. The suit filed by Shiromni Gurdwara Committee and the President Mr., Gurcharan Singh Tohra in the court of a subjudge in ‘Annritsar was transferred by a division bench comprising Mr. Justice Mukherji and Mr. Justice K.N Singh on the petition by the Union government of India.
The Union government has asked the transfer of the case outside Punjab on the grounds that it was of possible to get justice in the prevailing atmosphere of fear in the State. The situation was such that the government was unable to find a counsel in Punjab to defend this case, the transfer petitioner said. Considering the various aspects the court was of the view that in the interest of justice the case should be heard in the court by a single judge on the original site of the High Court. The Court pointed out that sense of apprehension in the minds of the respondents, the justice would not be meted out ‘was borne out by the facts of the case, They are of the view that the case should be transferred out side of Punjab because of the extra ordinary situation prevailing there, the judges observed while disposing the petition.
Article extracted from this publication >> August 15, 1986
