रजिस्ट्री नं. हो. (डी.एम.)-१
TERED No. D. (D.M.)-72
BRARY
TRAL SECRE GOVE OF INDIA *
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II-खण्ड 3- ( ) PART II-Section 3 Sub- section (2)
प्राभिकार से प्रकाशित
PUBLISHED BY AUTHORITY
492] No. 492]
नई दिल्ली, शमिभार, अक्तूबर 30 , 1982/फातिक 8, 1904 NEW DELHI , SATURDAY, OCTOBER 30, 1982/KARTIKA 8, 1904
इस भाग में भिम्त पृष्ठ संचया की जाती है जिससे कि यह अलग संकलन के रूप में रखाजा सके
Separate paging is given to tas Part in order hat it may be filed as a supersis compilation
गृह मंत्रालय
अधिसूचनाएं
नई बिल्ली, 30 अक्तूबर 1982
हॉ० ज० 765 (न) केंद्रीय सरकार ने विधि भिवद्ध क्रिया कलाप (निवारण ) अधिनियम , 1967 ( 1967 का 37 ) की धारा 3 की उपधारा (1 ) द्वारा प्रदत्त शक्तियों का प्रयोग करते हुए तारीख 1 मई, 1982 को नेशनल काउन्सिल माफ चालिस्तान को विधि विवद्ध संगम घोषित किया বা;
घौर केन्द्रीय सरकार ने उक्त अधिनियम की बारा 5 की उपधारा ( 1) द्वारा प्रवत्त सक्तियों का प्रयोग करते हुए , तारीब 29 मई, 1982 को विधि वियद्ध क्रियाकलाप ( निवारण ) प्रधिकरण गठित किया था जिसमें मुम्बई उच्च न्यायालय के न्यायमूर्ति भी डी० एन० मेहता ने;
और केन्द्रीय सरक र ने उक्त अधिनियम की धारा 4 की उपधारा ( 1 ) द्वारा प्रवत्त सक्तियों का प्रयोग करते तु उक्त अधिसूचना की, इस बात का न्यायनिर्णयन करने के प्रयोजनार्थ कि उक्त संगम की विधि विवस चौषित करने के लिएपर्याप्त कारण है या नहीं, 29 मई, 1982 को उक्त पधिकरण की निविष्ट किया था;
भौर उक्त अधिकरण ने , उक्त अधिनियम की धारा 4 की उपधारा ( 3 ) द्वारा प्रदत्तं पाक्तियों का प्रयोग करते हुए, 19 अक्तूबर , 1982 को भादेश पारित किया;
908G1/82-1
अथ केन्द्रीय सरकार, उक्त अधिनियम की द्वारा 4 की उपधारा (4) के अनुसरण में उक्त अधिकरण का उक्त मावेल प्रकाशित करती है, अर्थात्:-
विधि विरुद्ध क्रियाकलाप ( निवारण ) अधिकरण के समक्ष ( पंग्रेजी में प्रकाश्चित अधिसूचया देखिये )
[सं० II/ 17017/6/82 पाई० एस० यू० एस० ) (की II) ]
MINISTRY OF HOME AFFAIRS NOTIFICATIONS New Delhi , the 30th October , 1982
S.O. 765 (E) .-Whereas the Central Government , in exer- cise of the powers conferred by sub-section (1 ) of section 3 of the Unlawful Activities (Prevention) Act , 1967 (37 of 1967) declared on the 1st May, 1982, the National Council of Khali- stan to be an unlawful association;
And whereas the Central Government , in exercise of the powers conferred by sub- section (1 ) of section 5 of the said Act,constituted on the 29th May 1982 , the Unlawful Activities (Prevention) Tribunal , consisting of Shri Justice D.N. Mehta, Judge of Bombay High Court ;
(1) 2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- SBC. 3 ( 1 )
And whereas the Central Government , in exercise of the powers conferred by sub- section ( 1 ) of section 4 of the saidAct, referred the seid notification to the said Tribunal on the 29th May, 1982 for the purpose of adjudicating whether or not there was sufficient cause for declaring the said association unlawful;
2.Thereafter on 19-7-1982 the Central Government appoint ed Shri D.D. Damle as the Registrar of the Tribunal . On 29-7-1982 and 16-8-1982 Notices were issued to the Associa- tion and the different Office-bearers under Sub - section (2) of Section 4 of the said Act .
And whereas the said Tribunal , in exercise of the powers conferredby sub - section ( 3) of section 4 of the said Act , made an order on the 19th October , 1982;
Now, therefore , in pursuance of sub- section (4) of section 4 of the said Act , the Central Government hereby publishes the said Order of the seid Tribunal , namely:--
BEFORE THE UNLAWFUL ACTIVITIES (PREVENTION ) TRIBUNAL
3. At a preliminary hearing , the dates of hearing of evi- dence at Bombay , Delhi and Chandigarh were fixed . It was decided to hold hearings in Bombay on 27th , 29th and 30th September 1982 , at Delhi on 4th , 5th and 6th October 1982 and at Chandigarh on 8th and 9th October 1982. Later it became necessary to hold an additional day of hearing at Delhi on 11th October 1982. Notices with regard to the dates of sittings at Bombay , Delhi and Chandigarh were issued to the N.C.K. the concerned Association and its Office bearers .
Reference made under Section 4 , Sub - Section (1 ) of the Unlawful Activities (Prevention) Act , 1967 (Act No. 37 of 1967)
4. The Ceutral Government Notification in respect of the National Council of Khalistan, bearing No. S.O. 296(E) , dated 1-5-1982 is in the following terms:-
In Re : Reference Case No. 2 of 1982
THE NATIONAL COUNCIL OF KHALISTAN
PRESENT :
" S.O. 296(E )-Whereas the organisation known as ' the National Council of Khalistan' (hereinafter referred to as the Council ) :-
The Honourable Mr. Justice D.N. Mehta
For the Union of India : Mr. M.L. Nanda with Mr. M. Mohan Singh
For the National Council of Khalisten :
No appearance
(i) which had through the declaration of Shri Balbir Singh Sandhu , its Secretary General , proclaimed as its ob- jective the establishment of an autonomous , separate Sikh State of Khalistan has been encouraging the sec- essionist and violent activities of the organisation known as 'Dal Khalsa' ;
At Bombay
Venue of the Sitting and dates of hearing :
Court Room No. 34 , First
(11) had, in furtherance of the aforesaid objective , indulged in secessionist activity by issueing
Floor, High Court Building ,
Bombay.
(a) five dollar currency notes of the so-called Republic of 'Khalistan' ;
27th, 29th and 30th September
(b) postage stamps of ' Khalistan' and
(c) pass-ports of the so-called Government of Kha- Hstan;
1982 At Delhi Room No. 1, Punjab House , Copernicus Road , New Delhi 4th ,5th , 6th and 11th October 1982
And whereas , the Central Government is of opinion that for the reasons aforesaid , the Council is an unlaw- ful association;
At Chandigarh
Sector 36 -D , House No. 1592 , Chandigarh
8th and 9th October 1982
Date of the Order:
19th October 1982
And whereas the Central Government is furthot of the opinion that because of the encouragement being given to the ' Dal Khalsa by the Council for the furtherance of its objective it is necessary to declare the Council to be unlawful with imne fiate efect ;
ORDERS
МЕНТА J :
Now, therefore, in exercise of the powers confor- red by sub-section ( 1 ) of section 3 of the Unlawful Activities (Prevention) Act, 1967 ( 37 of 1967) , the Central Government hereby declares the 'National Council of Khalistan' to be an unlawõul association and dirests , in exercise of the powers conferred by the proviso to sub - section (3) of that section , that this noti- fication shall, subject to any order that may be made under section 4 of the said Act, have effect from the date of its publication in the Official Gazette . " -
It is pertinent to point out that under the Proviso to sub -sec- tion( 3) of Section 3 of the said Act , this Notification came into Immediate effect from the date of its publication in the Official Gazette .
1. Introduction: This is a Reference under Section 4. Sub-section ( 1 ) of the Unlawful Activities (Prevention ) Act , 1967 (hereinafter referred to as the 'sald Act ') . The Central Government by a Notification bearing No. S.O. 296(B) , dated 1-5-1982 published in the Gazette of India Extraordinary of the same date declared the National Council of Khalistan (hereinafter referred to as the 'N.C.K. ') as an unlawfulAsso- ciation. By another Notification, bearing No. 373 (E) , deted 29-5-1982, the Central Government constituted the present Tribunal under Section 5, Sub - section (1 ) of the said Act . By a letter bearing reference No. II/ 17017 / 11 / 82 - I.S.U.S.D . II (undated) the Central Government referred to this Tribunal the question whether there was sufficient cause for declaring the Organisations known as ' Dal Khalsa ' and ' the National Council of Khalistan' as unlawful and whether there was sufficient justification for confirming the Notifications dated 1-5-1982 or for lack of grounds cancelling the same .
5. Salient Provisions of the Act: It willbe relevant at this stage to point out the salient provisions of the Unlawful Activities (Prevention) Act , 1967. Section 3 , Sub-section ( 1) empowered the Central Government to declare unlawful any 3
भारत का राजपत्र असाधारण
[भाग II-खंड 3 ( ii ) ]
judicial proceeding within the meaning of Sections 193 and 228 ofthe Intian Penal Code and the Tribunal shall be deemed to bea Civil Court for the purposes of Section 195 and Chapter XXXV of the Code of Criminal Procedure , 1898. Section 6 Sub-section ( 1 ) of the said Act provided that aNotification issued under Section 3 would remain in force for a period of two years from the date on which the Notification became effective, provided the declaration made therein was confirmed by the Tribunal by an order made under Section 4. Sub -section (2) of Section 6 empowered the Government to cancel the Notification issued under Section 3 at any time whether or not the said decla- ration had been confirmed by the Tribunal . Section 9 of the said Act laid down that the procedure to be followed by the Tribunal in holding any inquiry under Sub -section (3) of Section 4would be regulated by the proceduretaid down in the Code of Civil Procedure and the decision of the Tribunal would be final.
6. Section 2 , Clause (f) of the said Actdefined " unlawful activity" in relation to an individual or association as follo- ws:-
"2(f) " Unlawful activity" in relation to an individual or association means any action taken by such individual or association (whether by committing an act or by words . either spoken or written , or by signs or by visible represen- tation or otherwise)-
(i) which is intended , or supports any claim , to bring about, on any ground whatsoever , the cession of part of the territory of India or the sccession of a part of the territory of India from the Union , or which incites any individual or group of individuals to bring about such cession or secession;
( 11 ) which disclaims , questions , disrupts or is intended to disrupt the sovereignty and territorial integrity of India"
The expression " cession of a part of the territory of India " has been defined in Section 2 , clause (b) as an expression which included an admission of the claim of any foreign country to any such part . The expression" secession of a part of the terri- tory of India from the Union " was defined in Section 2, clause (d) as an expression which included the assertion of any claim to determine whether such part would remain a part of the te- rritory of India . There are some of the salient features of the said Act.
Association if it was of the opinion that such an Association had become unlawful , by Notificatisa in the Official Gazette . Sub-section (2) of Section 3 of the said Act required the Govern- ment to specify the grounds and such other particulars o 1 which the said Notification was ued. Sub-section (3 ) of Section 3 provided that no such Notification would have effect until the Tribunal had , by an order made under Section 4, confirmed the declaratilen made therein and the order was published in the Official Gazette, The Proviso to Sub- section (3 ) of Sec tion 3 , however, conferred special power on the CentralGo vernment to give immediate effect to the Notifloation if in its opinion circumstances existed which rendered it necessary to declare an Association to be unlawful with immediate offoct , for reasons to be stated in writing . Under Sub - section (4) of Section 3, the said Notification was required to be published in one dally newspaper having circulation in the State in which the principal office of the Association was situated , apart from publication in the Official Gazette, and the sari Notification was also to be served on the Association by one of the four modes provided i.e. (a) by affixing a copy of the Notification to some conspicuous part of the office of the Association; (b) by serving a copy of the Notification , where possible , on the- principal office-bearers of the Association; (c) by proclaiming by beat ofdrums or by means of loud-speakers , the contents of the notification in the area in which the activities of the Asso- ciation were ordinarily carried on and (d) in such other manner as may be prescribed . Under Rule 4 of the Unlawful Activities (Provention) Ruks , 1968 , two additional modes of effecting service of theNotification made under Sub - section ( 1 ) of Section 3 were provided , ( ) by making an announcentent over the Radio from the local or nearest broadcasting Station of the A.I.R. or (b) by pasting the Notification on the Notice board ofthe office of the District Magistrate or the Tehsildar at the Headquarters of the District or the Tahsil in which the office of the Association was situated . Under Sub-section (1 ) of Section 4where any Association had been declared unlawful by a Noti- fication issued under Sub- Section (1 ) of Section 3 , the Central Government was required to refer the Notification to the Tribu nal for the purpose of adjudicating whether or not there was sufficient cause for declaring the Association unlawful . Sub- section (2 ) of Section 4 laid down that on receipt of the Reference under Sub - section ( 1) , the Tribunal had to effect notice in writing to the Association to show cause within 30 days from the date of the service of the Notice why the Association should not be declared unlawful . Sub-Section (3) of Section 4 provided that after considering the cause shown by the Association , the Tribu- nal shall hold an inquiry in the manner specified in Section 9 and after calling for any fürther information as it considered nece- ssary, shall decide whether or not there was sufficient cause for declaring the Association to be unlawful , and make , as expe- ditiously as possible and in any case within a period of six months from the date of issue of the Notification under Sub -section (1) of Section 3 , such order either confirming or cancelling the declaration made in the Notification . Sub - section (4) of Section 4laiddown that the order of the Tribunal be published in the Official Gazette . Section 5, Sub - Section ( 1) empowered the Central Government to consititui , a Tribunal to be known as The "Unlawful Activities (Prevention) Tribunal " consisting of one person, by a Notification in the Official Gazette . Under the Proviso to Sub- section (1 ) , such a person so appointed was to be of the rank of a Judge of a High Court . Sub-section (5) of Sc- ction 5gave powers to the Tribunal to regulate its own proce- dure in all matters arising out of the discharge of its functions , including the place of places at which it would hold 'its sittings Sub-section (6) conferred on the Tribunal the same powers as wereVested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit . Sub -section (7) of Section 5 laid down
that the proceeding before the Tribunal shall be deemed to be a
7. The case of the Government against the National Council ofKhalistan : From the papers submitted to the Tribunal , the case of the Government appears to be that the concept of Khalistan was mooted by one Dr. Jagjit Singh , an erstwhile Finance Minister of the State of Punjab in the Akali Ministry in 1968. Soon after the fall of the Ministry Dr. Jagjit Singh proceeded to England in 1970.It was here that for the first time. he raised the slogan of Khalistan or an independent home -land for the Sikhs . He carried out propaganda for the establishment ofKhalistan in London and in different cities of the U.S.A. and Canada . During the 1971 war between India and Pakistan, he appealed to Indian Sikhs from the Lahore Radio to side with Pakistan in the war . In 1977, Dr. Jagjit Singh returned to India and stayed till the middle of 1980. During this period of his stay, he made an attempt to install a Radio transmitter in the Golden Templo at Amritsar. In March 1981 , Ganga Singh Dhillon , Chairman of the Shri Nanak Sahib Foundation, Westin ngton , declared at the Sikh Educational Conference at Chandi- garh that Sikhs were a separate nation . He also moved & Reso- lution at the said Conference demanding that the Sikhs be ad- mitted to Associate Membership of the United Nations as they held a separate identity.
THE GAZETTE OF INDIA EXTRAORDINARY
8. The National Council of Khalistan issued an 'Ailan- nama' or a declaration demanding sovereignty for an autono- mous Sikh State , separate from India. The Association then started preaching and propagating seccession through posters , pamphlets , leaflets and issue ofBank notes , postage stamps and Passports etc. In March 1980 the Khalistan flag was hoisted at some distance from Gurudwara Kesgarh Sahib at Anandpur Sahib by Dr. Jagjit Singh . On 16-6-1980 , Balbir Singh Sandhu Secretary-General of the N.C.K. issue a declaration in front of the 'Akal Takht ' at Amritsar announcing the establishment ofthe Government of Kh' listan . In his declaration Balbir Singh Sandhu stated that Dr. Jagjit Singh had taken oath as President of Khalistan . He made an appeal to all independent countries ofthe world to recognise the Government of Khalistan and to allow them to establish Embassies in their respective countries . On 4-7-1980 Balbir Singh Sandu issued Circular to all Senior Officers in the State of Punjab exhorting them to work according to the dictates of the Government of Khalistan . On 26-8-1980 leading newspapers in Jullundur received a 30 Paise postage stamp bearing the insignia of Khalistan . There was also a message or the ' Akal Sahai " from Dr. Jagjit Singh , with an address at 34 , Full mead Road , Reading , U.K. On 25-10-1980 five workers of the National Council of Khalistan started a route march from 'Akal Takht Shahib ' at Amritsar via several towns and villages and returned to Guru Nanak Niwas , Amritsar , for the purpose of propagating the concept of Khalistan . On their way, they distributed pamphlets , posters and leaflets . On 9-12-1980 Blabir Singh Sandhu made an announcement at Amritsar that he had received directions from Dr. Jagjit Singh , President of the Government of Khalistan , to recruit 100 Advo- cates for the purpose of drefting the laws of Khalistan Raj , 100 Military Officers for its defence , 100 Police Officers for main- tenance of law and order and 100 Professors to educate and spread the ideology of Khalistan amongst the students and the intelligentsia . Balbir Singh Sandhu stated at this meeting that Dr. Jagjit Singh had met President Brezhnev of U.S.S.R. seeking regognition of Khalistan and that the Soviet President had assu- red him of all possible help in that direction .
9. InApril 1981 , the National Council of Khalistan started distributing Khalistan posters issued by the Republic of Khalis- tan. On 8-4-1981 , two N.C.K. activists Ujagar Singh Randhwa and Hazara Singh of Chok Misri Khan crossed over to Pakistan . They were apprehended on 30-4-1981 by the B.S.F. picket while they were attempting to return back . During their interro- gation, they disclosed that they had gone to Pakistan at the instigation of Balbir Singh Sandhu , Secretary-General of the N.C.K. , who had given them certain pamphlets to be distributed in Pakistan and a letter which was to be handed over to the Pakistan Government . On 12-7-1981 a meeting of the prota- gonists of N.C.K. was held at Burj Baba Phoola Singh , Amritsar, which was attended by Balbir Singh Sandhu and Ujagar Singh Raadhwa , At this meeting , it was resolved to sever all conne- ctions with the Union Government and to form a separate State of Khalistan wehere the Kenarl flag would be hoisted .
10. Dr. Jagjit Singh, President of the National Council of Khalistan, engaged in unlawful activities abroad and had his headquarters at Toronto (Canada) and London (U.K. ) . From there he disseminated litereture relating to the Government of Khalistan, in the form of posters , leaflets , currency-notes , pos- tage stamps , passports and periodicals . This literature contained a distorted version of alleged excesses committed by the Indian Government on the Sikh population , particularly the protagoni sts of Khalistan .
[PART II- SEC. 3 ( 11) ]
11. Issues:-On the material placed before the Tribunal , the following two issues were raised:-
(1) whether there is sufficient cause for declaring the Asso- clation known as ' the National Council of Khalistan' as an unlawful Association under the provisions of the Unlawful Activities (Prevention) Act , 1967, and
(2) Whether the declaration made under Sub -Section (1 ) of Section 3 of the Unlawful Activities (Prevention) Act , 1967, by Notification bearing No. S.O. 296(B) published in the Gazette of India Extraordinary, New Delhi , dated 1-5-1982 be confirmed or cancelled .
12. Evidence led by the Government :-The Tribunal held its sittings at Bombay, Delhi and Chandigarh for the purpose of recording evidence of witnesses offered by the Government as also witnesses from the public on various days mentioned heretofore . The Government led the evidence of ten witnesses . The first witness to be examined was Gurudev Singh Grewal , Joint Secretary in the Ministry of Industries , Government of India. Grawal in a formal witness who deposed to the issue of the various Notifications by the Government . Grewal stated that from11-8-1980 to 31-5-1982 he was attached to the Ministry of Home Affins as Joint Secretary and was dealing with the political affairs in the country . He stated that in the course of his dutics , he came across the activities of an organization known as the National Council of Khalistan . The activities of the N.C.K. were reported to his Ministry by the State Government ofPunjab from time to time . On the basis of the reports recel- ved from the State Government and also on the anxiety expre- ssed by Members of Parliament in Rajya Sabha and by the public in general through the media , protesting against the un- lawful activities of the N.C.K. , it was deciced to take action against that organization under the Unlawful Activities (Pre- vention) Act , 1967. Consequently, on 1st May 1982 the Central Government issued a Notification under Section 3 of the said Act declaring the N.C.K. as unlawful . The Notification appea- ring in the Gazette of India Extraordinary, dated 1-5-1982 in respect of the National Council of Khalistan has been tendered and marked Exhibit No. 1 .
13. Subsequently, the Government approached the Bombay High Court for the appointment of an Honourable Judge as Tribunal under Section 5 of the said Act . On 29-5-1982 this Tribunal was constituted. The appointment was announced by a Notification to that effect appearing in the Gazette of India Extroardinary , dated 29-5-1982 . A copy of the Notification regarding the appointment of the present Tribunal has been tendered and marked Exhibit No. 2. Thereafter the case of the , National Council of Khalistan was referred to the Tribunal and all relevant papers and documents , on the basis ofwhich the Notification was issued , were forwarded to the Tribunal ,
14. Grewal then deposed that in view of the communal tension prevailing at various places in the Punjab and the apprehension of the situation taking a serious turn, it was decided by the Government to take recourse to the Proviso to Sub- section (3) of Section 3 of the sald Act and to bring the declara- tion regarding the N.C.K. into immediate effect . The announ- cement to that effect had been made in the Notification , dated 1-5-1982 itself. Grewal stated that the announcement of the Notification , dated 1-5-1982 , declaring the N.C.K. Es unlawful was made on the national hook - up of the All India Radio and also published in seven newspapers , one in Delhi , one in Chan- digarh and five in the Punjab . He stated that the Notification sould not be served at the office of the National Council of Khalistan as that organization operated from abroad .
[भाग -बंड 3 ( it ) ]
15. Analysis of the evidence led by the Government : The Government has then led the evidence of Sukhdev Singh S/ o Sardar Bachitra Singh , Witness No. 5, who deposed to the in- cident of March 1980 when Dr. Jagjit Singh Chauhan declared his intention to establish the autonomous State of Khalistan . Sukhdev Singh was posted as Inspector of Police , C.I.D. at Ropar from 30-6-1979 to October 1980. Anandpur Sahib , which was one of the five principal Gurudwaras of the Sikhs , fell within his jurisdiction . Each year there was a fair at Anand- pur Sahib called 'Hola Mohala' . On this occasion , about two or thres likhs of people hai gathered for participating in the fair. Different religious bodies as also political parties held meetings at this place . Sukhdev Singh stated that the ' Hola Mohala' fair in 1980 took place on the 1st , 2nd and 3rd of March 1980. He stated that on all these three days he had camped at Anandpur Sahib with his staff . On 2-3-1980 at about 2 p.m. Dr. Jagjit Singh , who was at one time , a Cabinet Minister in the Government of Punjab , took out a procession with 10 or 12 of hisfollowers from Gurudwara Kesgarh Sahib upto Guru Gobind Singh Marg . At the Gurudwara , Dr. Jagjit Singh offered prayers . On reaching Guru Gobind Singh Marg , he unfurled the flag of the National Council of Khalistan , which was then known as 'Inquilabi Akali Dal . He raised the slogans of "Khalistan Zindabad" . After unfurling the flag , Dr. Jagjit Singh made a speech in which he stated that he wanted to establish a separate State of Khalistan as there was no place for Sikhs in India . He appealed to all Sikhs to join him towards this end. He stated that the new State of Khalistan would be comprised of the entire Punjab and parts of Haryana , Himachal Pradesh , Raja . sthan and other northern States . Sukhdev Singh thereafter prepared a report and forwarded the same to his superirors on the same day . This appears to be the beginning of the efforts to establish an autonomous Sikh State .
16. The Government then led the evidences of Mogh Raj S/o Pandit Sohan Lal , Witness No. 2, who was posted as a Sub- Inspector at the Punjab Police Station . Division No. 4, Jullundur . Megh Raj stated that he was in charge of the Police Station , Division No. 4, Jullundur from 27-5-1982 . After his appointment , he took over the investigation of Case No. 254 of 1981 relating to the F.I.R. filed on 17-8-1981 from Inspector Kundan Singh . This case was registered on the basis of an 'Allan-nama' or proclamation issued by Dr. Jagjit Singh and Balbir Singh Sandhu , who claimed to be the President and Secretary-General respectively, of an organization known as the National Council of Khalistan. The case was registered under Sections 124A , 153A of the Indian Penal Code and Sec- tion 13 of the Unlawful Activities (Prevention) Act , 1967. Megh Raj stated that in the said ' Ailan-nama ' it was stated that a separete State of Khalistan would be established shortly compri- sing of the State of Punjab , parts of Jammu and Kashmir , Himachal Pradesh , Haryana and Rajasthan where the Punjabi speaking people resided . It was also mentioned in the declare- tion that a separate Constitution of the State of Khalistan would be drafted and that the Sikhs would not recognise the Consti- tution of India . The proclamation also exhorted the Sikhs rosiding abroad to recognise the State of Khalistan and submit to its jurisdiction .
17. This proclamation or ' Ailan- nama' was announced by Balbir Singh Sandhu, Socretary- General of the N.C.K. from the Gurudwara at Amritsar on 16-6-1980 . Balbir Singh Sandhu had declared that if the demand for a separate State of Khalis- tanwas not met by the Government of India the consequences would be disastrous .
18. Mogh Raj stated that he could not investigate the origin of the proclamation as the name of the Printing Press had not baon mentioned in the 'Ailan- nama ' . Dr. Jagjit Singh resided
5
abroad in different countries . Balbir Singh Sandhu bad take n shelter in the Darbar Sahib at Amritsar . The Police did not wish to enter into the precincts of the Gurudwara to effoct the arrest. Megh Raj produced a photostat copy of the ' Ailan nama' which has been marked as Exhibit No. 4. Copy of the F.I.R. of Case No. 254 dated 17-8-1981 was also produced by Megh Raj and marked as Exhibit No. 3. The case was under investigation .
19. It will be pertinent at this stage to refer to the evidence of Harbhajan Singh S / o Sardar Gopal Singh , Witness No. 4, who was , at the time he deposed, posted as the Superintendent of Police, Punjab Armed Police , Bahadurgarh , District Patiala Harbhajan Singh deposed that in 1979, he was posted as Superin- tendent of Police , C.I.D. at Amritsar and remained in that post till 1980. As Superintendent of Police, it was his duty to collect information on political matters and forward the same to the Government , Harbhajan Singh stated that on 16-6-1980, he came across a report forwarded to him by Inspector Ajit Singh. The report described in detail the activities of an organization known as the National Council of Khalistan . Harbhajan Singh stated that he verified the contents of the report through his own sources and found it to be correct . On the same day , he forwarded the report to the Government of Punjab under his signature . The report stated that on 16-6-1980 , four persons 1.0 . Balbir Singh Sandhu , Ram Sungh Tihare , Kirpal Singh Sandhu and Ujagar Singh gathered in front of the 'Akal Takht' , which was the highest place in the Golden Temple at Amritsar and there they offered prayers and announced the establishment of the Government of Khalistan . After the prayer meeting Balbir Singh Sandhu , Secretary - General of the N.C.K. held a Press Conference . At this Press Conference he announced that he had received a letter from Dr. Jagjit Singh , President of the National Council of Khalistan , announcing the simultaneous establishment of the Government of Khalistan in Amritsar London , Paris and Toronto . Balbir Singh Sandhu stated that he did not recognise the Punjab Government and that offorts wore being made to seek political recognition of the Government of Khalistan by the Governments of other countries . Har- bhajan Singh produced a photostat copy of the report of Inspec- tor Ajit Singh, dated 16-6-1980, which has been tendered and marked as Exhibit No. 16 .
20. Harbhajan Singh then testified that on 4-7-1980 Balbir Singh Sandhu , Secretary-General of the N ° C.K . issued a Circu- lar-letter under the seal of the National Council of Khalistan , addressed to all Sub- Divisional Magistrates , Deputy Commis- sionors , Superintendents of Police , Inspector-General of Police, the Chief Secretary to the Government of Punjab , the Home Secretary of the Government of Punjab and all Commissioner of Jullundur , Patiala and Ferozpur , stating that the Govern- ment of Khalistan had been established and that all correspon- dence in future be addressed to that Government . Photostat copy of the Circular - letter was produced by Harbhajan Singh and the same has been marked as Exhibit No. 17 .
21. I shall now refer to the evidence of Pirthi Pal Singh S/o Sardar Harchand Singh , Witness No. 10, who was on the date he deposed the Deputy Superintendent of Police , C.I.D. , Punjab Special Branch at Chandigarh . His evidence also related to the establishment of the State of Khalistan . Pirthi Pal Singh stated that he was serving in the Police Department of the Punjab Government for the last about 38 years . He stated that since December 1975, he was serving as the Deputy Superintendent of Police in the Punjab C.I.D. Special Branch at Chandigarh . The C.I.D. Headquarters of the Punjab Government were located in Chandigarh . Pirthi Pal Singh stated that in the course of his duties , he received various reports 6
THE GAZETTE OF INDIA EXTRAORDINARY
on the activities of the National Council of Khalistan . On 6-6-1980, Balbir Singh Sandhu , Secretary- General of the N.C.K. issued a Press release in which he stated that on 16-6-1980 tho National Government of Khalistan would be established in the presence of the 'Akal Takht' (the highest religious seat of the Sikhs in the Golden Temple at Amritsar) . The Press release stated that a similar proclamation would also be made in Lon- don, Paris and Toronto . The Press release further stated that the Government of Khalistan would be proclaimed by Dr. Jagjit Singh on 16-6-1980 in London . Thereafter the Khalistan Government Embassies would start functioning in various coun- tries . Dr. Jagjit Singh would head the new Government and announce its Cabinet of Ministers . Pirthi Pal Singh has pro- duced a photostat copy of the Press release issued by the N.C.K. which has boon tendered and marked as Exhibit No. 23 .
22. Pirthi Pal Singh then stated that in November 1980 , he came across a copy of a letter, dated 4-11-1980 written by Balbir Singh Sandhu, addressed to one Dr. Kalicharan , aHindu leader in Ludhiana . The letter stated that it Dr. Kalicharan valued his life and wanted to survive , he shou d accept and recog- nise the Khalistan Government . The letter stated that the Go- vernment of Khalistan had already been proclaimed in the pre- sence of the 'Akal Takht on 16-6-1980 . Pirthi Pal Singh has produced a photostat copy of the letter , dated 4-11-1980 , addres- sed by Balbir Singh Sandhu to Dr. Kalicharan, which has been tendered and marked as Exhibit No. 24 .
23. Pathi Pal Singh then deposed that on 13-4-1981 , the National Council of Khalistan issued a Press release stating that with the blessings of the Almighty, the first Pass- port of the Khalistan Government had been issued from ' Akal Takht' to Dr. S. Gopal Singh Shahid on the auspicious day of the birth- day of the 'Akal Takht ' . Pirthi Pal Singh has produced a pho- tostat copy of the said Press release , which has been tendered and marked as Exhibit No. 25 .
24. In Juna 1981 , Pirthi Pal Singh came across a Circular. letter, dated 3-6-1981 issued by Avtar Singh , Public Relations Officer of the Government of Khalistan , stationed in Toronto , calling upon all Sikhs residing in the U.S.A. and Canada to en- dorse the demand for a separate nation of Sikhs , and furthe r stating that efforts will be made for the recognition of the Govern- ment of Khalistan in the United Nations . Pirthi Pal Singh has produced a photostat copy of the Circular , dated 3-6-1981 , which has boon tendered and marked as Exhibit No. 26 .
25. Pirthi Pal Singh also produced another copy of the Cir cular issued by Avtar Singh , Director of Public Relations , Government of Khalistan , from Toronto , announcing the ope- ning of Consulates of the Government of Khalistan by Dr. JagjitSingh, President of the Republic of Khalsa in oight Cities of the U.S.A. and Canada. A photostat copy of that Circular has been tondared and marked as Exhibit No. 27 .
26. Finally, Pirthi Pal Singh produced a copy Circular issued by Balbir Singh Sandhu , Secretary-General of the N.C.K. on the letter-head of the Government of Khalistan , addressed to all Deputy Cummissioners and Superintendents of Police callin g upon them not to participate in the celebrations of the Indepen- denceDay of 15-8-1981 and to refrain from hoisting the national flag and to treat the Independence Day as a black - letter day Pirithi Pal Singh produced a photostat copy of the Circular, dated 11-8-1981 issued by Balbir Singh Sandhu , which has been tondored and marked as Exhibit No. 28 .
27. I shall now consider the evidence of Jagdish Mitter 5/0 Jagannath , Witness No. 8. Jagdish Mitter retired from the service of the Punjab Police on 31-1-1981 . His last poating prior to retirement was as the Deputy Superintendent of Police
[PART II- SIC. 3 ( 11)]
in the C.I.D. at Faridpur. One of the duties of Jagdish Mitte r was to collect intelligence reports of political and other activities and to submit the same to the Government of Punjab . In the course of his duties in the C.I.D. , Jagdish Mitter came to learn of the activities of a political body known as the National Council of Khalistan. On 9-12-1980 Jagdish Mitter received information that Balbir Singh Sandhu , Secretary -General of the N.C.K. had received a special message from Dr. Jagjit Singh, President of the N.C.K. in London , asking Balbir Singh Sandhu to recruit the following staff :-
100 Police Officers to maintain law and order in the new State of Khalistan;
100 Military Officers in order to take charge of the defenec organization;
100 Advocates to draft the laws of the new Government , and
100 Professors to propagate the ideals and aims of the Khalistan Government amongst the students and the intelligentsia.
The message also stated that Dr. Jagjit Singh had been successful in obtaining an interview with the President of the Soviet Union at which Dr. Jagjit Singh asked for the recognistion of the Khalistan Government by the U.S.S.R. and the Soviet President had promised help in this respect .
28. The Government has next examined two Police Officers Rajendra Kumar Sharma s/ o Govardhandas , Witness No. 7 and Ajit Singh s/ o Sardar Pritam Singh Witness No. 9 , both of whom had received a Circular-letter signed by Balbir Singh Sandhu as Secretary-General of the N.C.K. Rajendra Kumar was posted as the Senior Superintendent of Police at Gurdaspur from 11-6-1979 to 10-11-1980 . On 10th July 1980 , he received a Circular - letter from Balbir Singh Sandhu . The letter -head mentioned the Government of Khalistan and Dr. Jagjit Singh Chauhan was shown as the President . The Circular - letter stated that all Senior Superintendents of Police were informed by that Circular that the Government of Khalistan had been established on 16-6-1980 and that efforts were being made to incorporate within its jurisdiction the Punjabi speaking territories ofRajasthan , Haryana and Himcahal Pradesh . The Circular- letter stated that the day was not far off when all these territories would come under the sway of the Government of Khalistan and the Kesari flag would be hoisted instead of the Indian tricolour . The Circular -letter called upon Rajendra Kumar Sharma in his capacity as the Senior Superintendent of Police to be ready to take orders and directions from the Government of Khalistan and it called upon him to work for that Govern- ment . The Circular - letter has been produced by Rajendra Kumar Sharma and has been marked as Exhibit No. 21. Ajit Singh s/ o Sardar Pritam Singh , Witness No. 9 has also deposed that he had received an identical letter as Ex . No. 21 in his capacity as an Inspector in the C.I.D. at Amritsar . On 4-7-1980 the Circular letter came into his hands and he forwarded the same to the Government .
29. I shall now consider the evidence of Janak Raj S/o Pan- ditJagannath, Witness No. 3 , who was employed as an Assis- tant in the office of the D.I.G. , C.I.D. , Special Branch , Punjab As an Assistant , Janak Raj dealt with the Sikh affairs in the Punjab . He had maintained files relating to the Dal Khalsa and the National Councii of Khalistan . Janak Raj produced the file relating to the National Council of Khalistan. Janak Raj stated that in June 1980 he came across a poster issuedby Balbir Singh Sandhu, Secretary-General of the N.C.K. The poster set out a letter written by Dr. Jagjit Singh , President of 7
भारत का राणपणः संधिटरण
[भाग II (i)]
the N.C.K. advising the Sikhs to set up the Republic of Khalis- tan . Janak Raj stated that this letter had been read out before the congregation in front of the ' Akal Takht' , A photostat copy of the poster re : the N.C.K. has been tendered and marked as Exhibit No. 5.
29. In December 1981 , Janak Raj came across another poster issued by the Shiromani Akali Dal Inquilabi , which later came to be known as the National Council of Khalistan . The poster stated in bold letters that the Sikhs should end their slavery and should hoist the Khalistan flag . The Khalistan flag had been drawn on the poster alongside the text . Janak Raj produced the said poster together with the Khalistan flag , which has been marked as Exhibit No. 6.
30. Janak Raj produced a pamphlet which he came across in December 1981 issued by Balbir Singh Sandhu , Secretary . General of the N.C.K. and by Dr. Jagjit Singh , President of the N.C.K. The pamphlet was captioned: " It is the Birth -right of the Sikhs to Rule. " The pamphlet exhorted the Sikhs to break their silence and to hoist the Khalistan fing. Janak Raj produced a photostat copy of the said pamphlet issued in Decem- ber 1981 , which has been tendered and marked as Ex. No. 7 .
31. In March 1981 Janak Raj came across a calendar for the Georgian year 1981 issued by the Republic of Khalistan . Janak Raj produced the said calendar for the year 1981 , which has been marked as Ex . No. 8 .
32. In the month of March 1931 , Janak Rajcams upon a map of Khalistan issued by the Government of Khalistan with its insignia . Janak Raj produced the map of Khalistan which has been marked as Exhibit No. 9 .
33. Janak Raj then deposed that in March 1981 he came ac- ross four pamphlets captioned : " Babbar Khalsa" , which wero dated 4-9-1981 , 18-9-1981 , 25-9-1981 and 10-10-1981 . In one ofthese pamphlets , it was stated that Dr. Jagjit Singh Invited the Sikhs to join the Khalistan Army . The four pamphlets produced by Janak Raj have been marked as Hxhibit No. 10 .
34. Janak Raj then produced a pamphlet written by ons Surjan Singh , Consul-General of Khalistan in Vancouver (Canada) . The pamphlet stated that the Sikhs would not rest content till they had attained a separate Sikh State , no mattor what the sacrifice involved . A photostat copy of the pamphlet by Surjan Singh has been marked as Exhibit No. 11 .
35. Janak Raj has also produced another pamphlet written by Surjan Singh , Consul -General of the Republic of Khalistan in Vancouver , Canada . In this pamphlet , Surjan Singh exhor- ted the Sikhs that they would be happy and prosperous only under a separate Sikh State . The pamphlet is marked Hx , No. 12 .
36. Janak Raj stated that the Government of Khalistan had issued its own currency and he produced before the Tribunal dollar notes of the denominations of $ 5, $ 10 and $ 20 , which have been marked as Br . No. 13 .
37. Janak Raj also produced a postage stamp issued by the Government of Khalistan . Photostat copy of the postal stamp hasbeen tendered and marked Exhibit No. 14 .
38. According to Janak Raj , the Government of Khalistan started issuing Passports to various people . A photostat copy of a Passport has been tendered by Janak Raj and marked as Exhibit No. 15 .
39. The Government has then exantined Gurulal Singh S/ o Sardar Hari Singh , Witness No. 6 .. Gurulal Singh was posted as a Sub- Inspector in , the C.I.D. at Julundur from 11-5-1980. While serving as Sub-Inspector in the C.I.D. a Jullundur , Gurulal Singh came to learn that Balbir Singh Sandhu , Secretary-General of the N.C.K. had his office at the Dilkhush Market , Jullundur City. He also came to know that Balbir Singh Sandhu used to issue certificates to various persons wishing to go abroad appealing to the Sikhs residing abroad to help such persons . Gurulal Singh has produced one such certifi- cate, dated 16-6-1981 , which has been marked as Exhibit No. 19.
40. Gurulal Singh then deposed tlaat o 15-1-1981 he came to learn that 5 or 6 followers of the N.C.K. under the leadership of Ujagar Singh Randhwa had arrived at Jullundur from Amrit- sar and had taken shelter at Gurudwara Diwan Asthan , On the same day, Guralal Singh visited that Gurdwara . He saw 5 or 6 persons offering prayers for the establishment of Khalis. tan at the Gurudwara . Thereafter at 11 a.m. they took out a procession from Gurudwara Diwan Asthan through the market places and they stopped on the way at the offices of several newspapers , such as 'Milap' , ' Pratap', 'Hind Samachar ' , ' Ajit and others . In front of each newspaper office mentioned above, Ujagar Singh Randhwa made an identical speech, saying that Congress prior to lafependence had promised the Sikhs that they would have an independent State , but after Independence they had broken their promise . Instead , the Sikhs had been treated unfairly . Therefore , there was no other alternativo but to establish a separate State of Khalistan . Gurubachan Singh and Malkir Singh , both belonging to Dal Khalsa, had also joined this procession . When the procession reached the office of the Information Bureau , Ujagar Singh , Gurubachan Singh and Malkir Singh burnt the photographs of Darbara Singh , the Chief Minister and Gyani Zail Singh, the then Home Minister of Punjab , saying that they wore anti - Sikhs . At this time, several followers of the National Council of Khalistan carried placards with the words " Khalistan Zindabad " and "Panth-ki-Ject Ho" written on them . There were other pla- cards with the slogans "Down with Hindu Imperialism" . Theprocession thereafter returned to Gurudwara Diwan Asthan at 2 p.m. Gurulal stated that he accompained the procession throughout . This is all the evidence led by the Government .
41. Finding : On an analysis of the evidence, both oral and documentary adduced by the Government, and on a careful consideration of all other documents placed before the Tribunal , it appears to me that there was a conserted, calculated and well- desinged effortby the National Council of Khalistan and persons connected therewith , to established an autonomous State sec- eding the same from the territory of India . The evidence shows beyond doubt the intention to secede from the Indian Union and to form a new State to be known as Khalistan . Towards that end, Dr. Jagjit Singh , an erstwhile Minister in a Punjab Ministry , had declared his intention on 2nd March , 1980 when at the ' Hola Mohala , fair , which was attended by a large majority of Sikhs , he declared his intention to establish a separate State of Khalistan . That State was to comprise ofthe entire Punjab and parts of Haryana , Himachal Pradesh , Rajasthan and Kashmir where the Punjabi Language was spoken . On 16-6-1980 a declaration or ' Ailan -nama , was issued by Dr. Jagjit Singh as the President of the National Council of Khalistan and by Balbir Singh Sandhu as its Secretary- General to the effect that a separate State of Khalistan had been established and inaugurated as from that date . A similar proclamation had been made also from London , Pairis and Toronto . There- after efforts were made to establish Consulates in different parts of the world. Circular - letters were issued to Senior Police Officers and other seniour Government officers incharge of law and order to be prepared to take orders and directions from the new Government of Khalistan . The Officers were also directed not to participate in the Independence Day celebrations of 13-8-1981 and to boycott the same . Further efforts were made to recruit staff for the New Government by way of Police 8
THE GAZETTE OF INDIA EXTRAORDINARY
Officers , Military Officers , Advocates and Professors . As ameasure of consolidation of the new Government , currency- notes , postage stamps , Passports and certificates were issued. All this would indicate a concerted attempt to bring about sece- ssion of a part of the territory of India from the Union and to incite individuals to bring about such secession . This would certainly tantamount to unlawful activity as deflined in Section 2, clause ' f' of the said Act . An Association indulging in in such activities would be an unlawful Association within the the meaning of Section 2, Clasue (g) of the sald Act . There is, therefore , sufficient cause for declaring the National Council of Khalistan as an unlawful Association and to confirm the Noti- fication, dated 1-5-1982 .
42. I answer Issue No. 1 in the affirmative, in that there is sufficient cause for declaring the National Council of Khalistan as an unlawful Assoication under the provisions of the said Act.
43. I answer Issue No. 2 also in the affirmative, in that the declaration made under the Notification bearing No. S.O. 296(E) published in the Gazette of India Extraordinary , dated 1-5-1982 is hereby confirmed and the Reference is accepted.
44. This Judgement will be forwarded to the Union Home Ministry for publication in the Government Gazette as expe- ditiously as possible . All other documents and papers submit- ted to this Tribunal will also be returned to the Union Home Ministry along with the Judgement .
[No. II /17017 / 6/ 82-IS.US . (D- II ) ] D. N. MEHΤΑ
ता० भ० 766 ( न) केन्द्रीय सरकार ने विधि विरुद्ध क्रियाकलाप- (निवारण) अधिनियम , 1967 ( 1967 का 37 ) की वारा 3 ही শুক धार । ( 1 ) द्वार, प्रदत्त शक्तियों का प्रयोग करते हुए तारीख 1 मई , 1982 की दल खालसा की विधि विरुद्ध संगम घोषित किया था ;
धौर केन्द्रीय सरकार ने उक्त अधिनियम की धारा 5 की उपधारा ( 1 ) द्वारा प्रवत्त शक्तियों का प्रयोग करते हुए , तारीख 29 मई, 1982 को विधि विरुद्ध क्रियाकलाप ( निवारण ) अधिकरण गठित किया था जिसमें मुम्बई उच्च न्यायालय के न्यायमूर्ति श्रो की० एन० मेहता थे ;
और केन्द्रीय सरकार ने , उक्त अधिनियम की धारा 4 की उपवारा ( 1) द्वारा प्रवत्त सक्तियों का प्रयोग करते हुए उक्त अधिसूचना की, इस बात का म्यायनिर्णयन करने के प्रयोजनार्थ कि उक्त संगम को विधि विरुद्ध घोषित करने के लिए पर्याप्त कारण है या नहीं, 29 मई, 1983 की उक्त अधिकरण की निविष्ट किया था।
भौर उक्त अधिकरण ते , उक्त अधिनियम की धारा 4 की प्रपद्वारा ( 3 ) द्वारा प्रवत्त शक्तियों का प्रयोग करते हुए , 19 अक्तूबर, 1982 की झादेश पारित किया;
अथ केद्रीय सरकार , उक्त अधिनियम की धारा 4 की उपधारा ( 4) के अनुसरण में उक्त अधिकरण का उक्त भावेश प्रकाशित करती है , अर्थात्:--
आवेश
विधि विरुद्ध क्रियाकलाप ( निवारण ) अधिकरण के समक्ष ( अंग्रेजी में प्रकाशित प्रधिसूचना देखिये)
[सं० II / 17017/6/82 भाई० एस ०यू० एस ० (बी- II ) ]
S.O.766(E) . Whereas the Central Government , in exercise the powers conferred by sub-section (1 ) of section 3 of the Un- lawful Activities (Prevention) Act , 1967 (37 of 1967) declared on the 1st May, 1982, the Dal Khalsa to be an unlawful association;
[PART II-SEC. 3(ii) ]
And whereas the Central Government , in exercise of the powers conferred by sub -section ( 1) of section 5 of the said Act , constituted on the 29th May 1982, the Unlawful Activities (Prevention) Tribunal , consisting of Shri Justice D.N. Mehta , Judege of Bombay High Court;
And whereas the Central Government , in exercise of the power conferred by sub -section ( 1) of section 4 of the said Act , referred the said notification to the said Tribunal on the 29th May , 1982 for the purpose of adjudicating whether or not there was suffi- cient cause for declaring the said association unlawful;
And whereas the said Tribunal , in exercise of the powers conferred by sub- section (3 ) of section 4 of the said Act , made an order on the 19th October , 1982;
Now therefore, in pursuance of sub - section (4) of section 4 of the said Act , the Central Government hrereby publishes the said Order of the said Tribunal , namely :
BEFORE THE UNLAWFUL ACTIVITIES (PREVENTION) TRIBUNAL
Reference made under section 4, Sub -Section ( 1 ) of the Unlawful Activities (Prevention) Act, 1967 (Act No. 37 of 1967)
In re : Reference Case No. 1 of 1982 DAL KHALSA
PRESENT :
The Honourable Mr. Justice D N. Mehta
For the Union of India : Mr. M. L. Nanda with
Mr. M. Mohal Singh
For the Dal Khalsa : Mr. M. S. Butalia and Mr. G. B. S. Sodhi
Venue of the Sitting and dates ofhearing
At Bombay
Court Room No. 34, First Floor, High Court Buidling , Bombay. 27th 29th and 30th , September , 1982.
AtDelhi
Room No. 1 , Punjab House , Copernicus Road, Now Delhi . 4th, 5th, 6th & 11th October 1982.
At Chandigarh
Sector 36 - D , House No. 1592 , Chandigarh.
8th and 9th October , 1982
Date of the Order:
19th October 1982
ORDER
МЕНТА J.
1. Introduction:--This is a Reference under Section 4, Sub -section ( 1 ) of the Unlawful Activities (Prevention) Act , 1967 (hereinafter referred to as the ' said Act' . The Central Government by a Notification bearing No. S.O. 295 (E) , dated 1-5-1982 published in the Gazette of India Extraordinary of the same date declared an organization known as ' Dal Khalsa ' as an unlawful Association . By another Notification , bearing No. 373 (B) , dated 29-5-1982, the Central Government consti- tuted the present Tribunal under Section 5, Sub-section ( 1 ) of 9
भारत क। र, जपत्त: असाधारण
[भाग II- खंड 3 ( ii) [
It is restment to point out that under the Proviso to Sub- section ( 3 ) of Section 3 of the said Act , this Notification came into immedinte effect from the date of its publication in the Official Gazette .
the said Act . By letter beating No. 11 , 17017 / 11 / 82 - I.S.U.S.D . II (undated ) the Central Government refened to this Tribunal the question whether there was sufficient cause for deeloring the organizations known as ' Dal Khalsa ' and ' the N. tonal Coun- cil of Khalistan ' as unlawful and whether there was sufficient justification for confirming the Notifications , dated 1-5-1982 or for lack of grounds cancelling the same .
2. Thereafter on 19-7-1982 the Central Governirent appoint- ed Shri D.D. Damle as the Registrat of the Tribunal . On 29-7-1982 and 16-8-1982 Notices were isued to the said Associa- tion and the different Office- Bearers under Sub - section (2 ) of Section 4 of the said Act.
3. At a preliminary hearing , the dates of hearing of evidence at Bombay , Delhi and Chandigarh were fixed . It was decided to hold hearings in Bombay on 27th , 29th and 30th September 1982, at Delhi on 4th, 5th and 6th October 1982 and at Chandigarh on 8th and 9th October 1982. Later it became necessary to hold an additional day of hearing at Delhi on 11th October 1982. Notices with regard to the dates of sittings at Bombay , Delhiland Chandigarh were issued to the Dal Khalsa , the concerned organization and its office- bearers .
4. The Central Government Notification in respect of the Dal Khalsa , bearing No. S.O. 295 ( E) , dated 1-5-1982 is in the following terms : -
" S.O. 295 ( E )-Whereas the organisation known as 'Dal Khalsa'
( i) which had declared as its main objective the estab- Jishment of a complete autonomous ' Khalsa State' has , in pursuance of its objective , been preaching sccession and disruption of the territorial integrity of India through its activities ;
( ii) had in furtherance of the aforesaid objective , employed five of the members of the ' Dal Khalsa' to hijack an aircraft of the Indian Airlines to Lahore on 29th September 1981 and to demand inter -alia the ассер- tance by the Government of India , of the establish- ment of a separate Sikh State to be called, Khalistan ;
( lii ) has by owning up responsibility for the incidents which took place in Amritsar on the 26th April 1982 when two severed heads of cows were f und placed near Hindu temples , followedby its threatto repeat such incidents in future , made clear its intentio to continue to resort to activities prejudicial to the maintenance of public order and harmony between different religi- ous groups;
And whereas the Central Government is of the opinion that for the reasons aforesaid , the ' Dal Khalsa' is an unlawful association;
And whereas the Central Government is further of the opinion that because of the acts of terrorism and violence and the recent acts of sacrilege owned by members of Dal Khalsa it is necessary io declare the ' Dal Khalsa ' to be unlawful with immidiate effect .
5. Salient Provisions of the Act : -It will be relevant at this stage to point out the salient provisions of the Unlawful Acti- vities (Prevention ) Act , 1967. Section 3 , Sub - section ( 1 ) cm- powered the Central Government to declare unlawful any Association if it was of the opinion that such an Association had become unlawful , by Notification in the Official Gazette. Sub -section ( 2) of section 3 of the said Act required the Govern- ment to specify the grounds and such other particulars on which the said Notification was issued . Sub- section ( 3 ) of Section 3 provided that no such Notification would have effect until the Tribunal had , by an order made under Section 4, confirmed the declaration made therein and the order was published in the Official Gazette . The Proviso to Sub- section (3 ) of Section 3 , however , conferred special power on the Central Government to give immediate effect to the Notification if in its opinion circumstance , existed which rendered it necessary to declare an Association to be unlawful with immediate effect , for reasons to be stated in writing . Under Sub - section (4 ) of Section 3 , the said Notification was required to be published in one daily, newspaper having circulation in the State in which the the principal office of the Association was situated , apart from publication in the Official Gazette , and the said Notification was also to be served on the Association by one of the four modes provide l i.e. (a ) by affixing a copy of the Notification to some conspicuous part of the Office of the Association ; (b) by serving a copy of the Notification , where possible , on the principal office- bearers of the Association ; (c) by proclaiming by beat of drums or by means of loud - speakers , the contents of the Notification in the area in which the activities of the Association were ordi- narily carried on and (d ) in such other manner as may be pres- cribed . Under Rule 4 of the Unlawful Activities (Preven- tion ) Rules , 1968 , two additional modes of effecting service of the Notification made under Sub - section ( 1 ) of section 3 were provided , (a)by making an announcentent over the Radio from the local or nearest broadcasting Station of the A.I.R. or (b) by pasting the Notification on the Notice board of the Office of the District Magistrate or the Tahsildar at the Headqaunters of the Tahsil in which the office of the Association was situated . Under Sub - section ( 1 ) of Section 4where any Association had been declared unlawful by a Noti- fication issued under Sub- section ( 1 ) of Section 3 , the Central Government was required to refer the Notification to the Tri- bunal for the purpose of adjudicating whether or not there was sufficient cause for declaring the Association unlawful . Sub - section (2 ) of Section 4 laid down that on receipt of the Reference under Sub - section ( 1) the Tribunal had to effect notice in writing to the Association to show cause within 30 days from the date of the service of the Notice why the Associa- tion should not be declared unlawful . Sub -section (3 ) of Sec- tion 4 provided that after considering the cause shown by the Association , the Tribunal shall hold an inquiry in the manner specified in Section 9 and after calling for any further informa- tion as it considered nec essary, shall decide whether or not there was sufficient cuse for deel turing the Association to be unlawful , and make , as expeditiously as possible and in any case within a period of six months from the date of issue of the Notification under Sub - section (1 ) of section 3 , such order either confirming or cancelling the declaration made in the Notifica- tion . Sub - section (4 ) of Section 4 laid down that the order of the Tribunal shall be published in the Official Gazette . Scc- tion 5, Sub -section ( 1 ) empowered the Central Government to constitute a Tribunal to be known as the " Ualiwful Activities
(Prevention) Tribunal" consisting of one person , by a notifi-
cation in the Official Gazette . Under the Provisoto Sub- Now therefore in exercise of the powers conferred by sub - section ( 1 ) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) , the Central Govern- ment hereby declares the ' Dal Khalsa' to be an unlawful association and directs , in exercise of the powers conferred by the proviso to sub - section (3) of that section , that this notification shall , subject to any order that may be made under section 4 of the said Act , have effect from the date of is publication in the Official Gazette. " 908GI/82-2 10
THE GAZETTE OF INDIA EXTRAORDINARY
section ( 1 ) , such a person so appointed was to be of the rank of a Judge of a High Court . Sub - section (5 ) of Section 5 gave powers to the Tribunal to regulate its own procedure in all matters arising out of the discharge of its functions , including the place or pl ces at which it would hold its sittings . Sub-scc- tion (6) conferred on the Tribunal the same powers as were vested in a Civil Court under the Code of Civil Procedure , 1908 , while trying a suit . Sub- section (7 ) of Section 5 laid down that the proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 ofthe Indian Penal Code and the Tribunal shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXXV of the Code of Criminal Procedure , 1898. Section 6, Sub-sec- tion ( 1) of the said Act provided that a Notification issued under Section 3 would remain in force for a period of two years from the date on which the Notification became effective , provided the declaration made therein was confirmed by the Tribunal by an order made under Section 4. Sub - section (2 ) of Section 6 empowered the Government to cancel the Notification issued under Section 3 at any time whether or not the said declaration had been confirmed by the Tribunal . Section 9 of the said Act laid down that the procedure to be followed by the Tribunal in holding any inquiry under Sub - section ( 3 ) of Section 4 would be regulated by the procedure laid down in the Code of Civil Procedure and the decision of the Tribunal would be final .
6. Sction 2 , clause (f) of the said Act defined " unlawful activity" in relation to an individual or association as follows : -
"2 (f ) ' Unlawful activity' in relation to an individual or association means any action taken by such individual or association (whether by committing an act or by words , either spoken or written , or by signs or by visible represen- tation or otherwise) :
(i ) which is intended , or supports any claim , to bring about , on any ground whatsoever , the cession of a part of the territory of India or the secession ofa part of the territory ofIndia from the Union , or which incites any individual or group of individuals to bring about such cession or secession;
( ii ) which disclaims , questions , disrupts or is intended to disrupt the sovereignty and territorial integrity of India"
The expression " cession of a part of the territory of India " has been defined in Section 2 , clause ( b ) as an expression which included an admission of the claim of any foreign country to any such part . The expression " secession of a part of the terri- tory of India from the Union" was defined in Section 2, clause (d) as an expression which included the assertion of any claim to determine whether such part would remain a part of the territory of India . These are some of the salient features of the said Act .
7. The case of the Government against the Dal Khalsa :-- From the papers submitted to the Tribunal and the various annexures thereto , it appears that that organization was set up on6-8-1978 with the avowed object of attaining " an indepen- dent sovereign Sikh nation " . The aim and object of the orga- nization , according to its Constitution , was to establish a " sove- reign Khalsa Raj " and to struggle against anti - Sikh organi- zations and militant extremist Hindu elements . The Dal Khalsa nominated a Supreme Council with five members , whose names. are:
( 1 ) Harsimran Singh S/ o Kartar Singh , a Mukh Panch or Chief Organizer .
(2) Gajender Singh s / o Manoltar Singh;
(3) Jaswant Singh Thekedar of Gurdaspur;
[PART II- SEC.3 ( ii ) ]
(4) Harbhagat Singh of Narongwal , and
(5) Satnam Singh s / o Kashmir Singh of Himachal Pradesh.
After the establishment of the Dal Khalsa , the Association bad been preaching secession through innumerable modes and acti- vities . The Association was responsible for spreading dishar- mony, hatred , ill-will and hostility between different religious and linguistic communities . These acts of the organization led to disturbance of public- tranquility and caused a feeling of insecurity amongst members of different religious and linguistic communities . The Association openly declared that Sikhs who had accepted the faith of their Gurus could not bear allegiance to the Constitution of India .
8. On 1-2-1981 , the Dal Khalsa activists attended and partici- pated in a Seminar held by Senior Sikh Sophisticates Forum at Chandigarh and displayed banners and posters with Khalistan slogans . On 14th and 15th March 1981 , the 54th Sikh Educa- tional Conference was held at Chandigarh . On this occasion , the Dal Khalsa protagonists raised pro - Khalistan slogans . On 20-3-1981 the Dal Khalsa activists organized a procession at Anandpur Sahib where pro - Khalistan and anti - India slogans were raised and the same slogans were displayed on banners , placards and posters . On 15-8-1981 , the Dat Khalsa members or panchas held a meeting in the Gurudwara in Sector 22 at Chandigarh where they saluted the Kesari flag with naked swords and delivered speeches in support of Khalistan . On the same day, the same incident was recreated at Gurudwara Singh Sabha at Jullundur where again pro - Khalistan slogans were raised . On 27-8-1981 , two Dal Khalsa members Satnam Singh and Sukhjinder Singh raised pro - Khalistan slogans in the Visitors' Gallery of the Punjab Vidhan Sabha during the Session.
9. On 18-9-1981 , a member of the Dal Khalsa Gurbachan Singh burnt the Indian national flag and a copy of the Indian Constitution at Jullundur .
10. On 29-9-1981 , persons claiming to be members of the Dal Khalsa colluded and hijacked an Indian Airlines Boeing plane to Pakistan whilst it was on flight from Delhi to Srinagar via Amritsar . On the same day, in a Press statement , Harsimran Singh, Mukh Panch of the Dal Khalsa , acknowledged responsi- bility for the hijacking . He also called upon the Union Govern- ment to release all persons arrested in connection with the Khalistan movement . According to the Press reports , the hijac- kers requested the Pakistan President to intervene on their be- half for securing recognition for Khalistan which was to be a Sikh home-land .
11. On 30-10-1981 a meeting of the Dal Khalsa activists was held in a Gurdwara at Kapurthala where Harsimran Singh stressed the need for eliminating Hindu organizations and he Hindu Press in order to pave the ground for the achievement of Khalistan,
12. On 12-11-1981 at Gurudwara Singh Sabha at Kapur- thala , Harsimran Singh , Mukh Panch of the Dal Khalsa held secret parleys with Kulwinder Singh and Ranjit Singh of Kapurthala and decided to retaliate against the Police who were committing atrocities on the Sikhs at the instance of the Hindus . Itwas resolved at this meeting to kill Hindus on a mass scale with a view to create fear in them and that such on operation would hasten the achievement of Khalistan .
13. In April , 1982 , Jaswant Singh Thakedar, a panch of the Dal Khalsa , threatened that if tobacco, liquor and meat shops were not removed from near the Golden Temple at Amritsar by 13-4-1982, the Sikhs would retaliate by slaugh- tering cows and throwing beef in temple premises and that they would damage the religious places and the religious books of the भारत कः र जपत असाधारण
[भाग II-खंड 3 ( ii) ]
Hindus . On 26-4-1982 two severed heads of cows were found In front of Hindu temples at Katra Ahluwalia and Bazar Katluan in Amritsar City . At both the places posters were found stiting that the sacre I feelings of Sikhs had been injured for the last 34 years by Hindus who had opened tobacco shops, ncar the Golden Temple at Amritsar and had prepared envelopes out of the pages of the Holy Granth Sahib and that the Sikhs were now retahating . The poster was prepared by the Dal Khalsa . Manmohan Singh , a panch of the Dal Khalsa in a statement issued on 27-4-1982 owned responsibility for the incident of placing scvered heads of cows in the temple premises at Amrit- sar the day before . He also stated that such incidents would continue unless the Government closed down the cigarette and bidi shops near the Darbar Sahib at Amritsar . These incidents led to considerable communal tension between the Hindus and the Sikhs . The Dal Khalsa also called upon the Sikhs to boycott the Republic Day functions andto treat it as a black- letterday.
14. Issues : On the material placed before the Tribunal , the following two issues were raised:-
( 1 ) Whether there is suflicient cause for declaring the Asso- ciation known as ' Dal Khalsa ' as an unlawful Association under the provisions of the Unlawful Activities (Pre- vention ) Act , 1967;
( 2) Whether the declaration made under Sub - section (1 ) ofSection 3 of the Unlawful Activities ( Prevention) Act by Notification , bearing No. S.O. 295 (E) published in the Gazette of India Extraordinary, New Delhi , dated 1-5-1982 , be confirmed or cancelled .
15. Evidence Ied by the Government and the Public:-The Tribunal held its sittings at Bombay , Delhi and Chandigarh for the purpose of recording evidence of witnesses offered by the Government as also witnesses from the public on various dates mentioned heretofore . It may be mentioned that at Delhi on 4th October 1982 , two learned Advocates Mr. M.S. Butalia and Mr. G.B.S. Sodhi appeared on behalf of Harsimran Singh . It was pointed out to them that the Tribunal was not dealing with the activities of Harsimran Singh , but that the jurisdiction of the Tribunal was limited to the extent of finding whether the organization known as ' Dal Khalsa ' had indulged in unlawful activities as defined in the said Act . The learned Advocates thercafter appeared on behalf of Dal Khalsa and cross - examined several witnesses produced by the Government . It may also be pointed out here that at Chandigarh on 9th October 1982, two learned Advocates Mr. Krishan Kumar Cuccria and Mr. Rajinder Pal Sood appeared before the Tribunal and gave evidence . They gave evidence only with regard to their personal opinion on the activities of the Dal Khalsa. These being personal opinions , their evidence does not help in resolving the issues before the Tribunal and hence their evidence is of little probative value.
16. The first witness to be examined was Gurudev Singh Grewal, Joint Secretary in the Ministry of Industries , Govern- ment of India . Grewal is a formal witness who deposed to the issue of the various Notifications by the Government . He explained the circumstances under which the two Notificationas dated 1-5-1982 , in respect of the Dal Khalsa and the National Council of Khalistan were issued . Grewal stated that from 11-8-1980 to 31-5-1982 he was attached to the Ministry of Home Affairs as Joint Secretary and was dealing with the poli- tical affairs in the country . IIe stated that in the course of his duties , he came across the activities of an organization known as Dal Khalsa . These activities were reported to his Ministry by the State Government of Punjab from time to time . On the basis of the reports received from the State Government and
11
also on the anxiety expressed by Members of Parliament in the Rajya Sabha and by the public in general through the media, protesting against the unlawful activities of the Dal Khalsa , it was decided to take action against that organization under the Unlawful Activities ( Prevention) Act, 1967. Consequently, on 1-5-1982, the Central Government issued a Notification under Section 3 of the said Act declaring the Dal Khalsa as unlawful . The Notification appearing in the Gazette of India Extraordinary , dated 1-5-1982 in respect of the Dal Khalsa has been tendered and marked as Exhibit No. 1. Subsequent.y, the Government approached the Bombay High Court for the appointment of a Honourable Judge as Tribunal under Section 5 of the said Act . On 29-5-1982 the present Tribuual was constituted . The appoint- ment was announced by a Notification to that effect appearing in the Gazette of India Extraordinary , dated 29-5-1982 . A copy of the Notification regarding the appointment of the present Tribunal has been tendered and marked as Exhibit No. 2 . Thereafter the case of the Dal Khalsa was referred to the pre- sent Tribunal and all relevant papers and documents , on the basis of which the Notification was issued , were forwarded to the Tribunal.
17. Grewal then deposed that in view of the communal tension prevailing at various places in the Punjab and the app- rehension of the situation taking a serious turn , it was decided by the Government to take recourse to the Proviso to Sub- section ( 3 ) of Section 3 of the said Act and to bring the declara- tion regarding the Dal Khalsa into immediate effect. The announcement to that effect had been made in the Notification , dated 1-5-1982 itself. Grewal stated that the announcement of the Notification, dated 1-5-1982 declaring the Dal Khalsa as unlawful was made on the national hook- up of the All India Radio and was also published in seven newspapers , one in Delhi, one in Chandigarh and five in different parts of the Punjab. Grewal stated that all the formalities regarding the proclamation and publication mentioned in sub -section (4) of Section 3 had been complied with .
18. Analysis of the evidence: The Government has next led the evidence of Atma Singh , Witness No. 3 , who was employ- ed as Deputy Superintendent of Police in the Punjab Armed Police, 27th Batallion , Jullundur . Atma Singh deposed " from 1-1-1978 till 1-8-1981 he was posted as Inspector in t Punjab C.I.D. Headquarters at Chandigarh . He was in charge of Sikh affairs . He stated that whatever information he received from his agents was passed on by him to the Punjab Government .
19. On 13-8-1978 a meeting of the Dal Khalsa was called at Gurudwara Akalgarh in Sector No. 35 at Chandigarh . Acc- ording to the information received by Atma Singh , this meeting was presided over by Harsimran Singh, Mukh Panch of the Dal Khalsa. This meeting was attendedby Gajender Singh , Mohan Singh , Kulwant Singh , Manjit Singh , Jaswant Singh and several other members of the Dal Khalsa , totalling about 10 to 15. It was resolved at this meeting that there should be established a separate autonomous Sikh State with its own Constitution and which had no connection with the Indian Union whatsoever . At this meeting , a Sub- committee was formed for the purpose of drafting a Constitution with Harsim- ran Singh as its President . It was decided that this Committee should present a draft of the Constitution at its next meeting . Atma Singh forwarded a report of this meeting to his superiors .
20. The next meeting of the Dal Khalsa was held on 20-8-1978 at Gurudwara Akalgarh. This meeting was also presided over by Harsimran Singh and was attended by about 20 to 22 per- sons . At this meeting Harsimran Singh read out a draft of the Constitution prepared by his Sub-committee . The meeting endorsed the Constitution of the Dal Khalsa and the persons THE GAZETTE OF INDIA EXTRAORDINARY
12
present there raised the shouts of " Dal Khalsa Zindabad. " The meeting authorised Harsimran Singh to have the Consti- tution printed and to distribute copies thereof amongst the members . Atma Singh prepared a report of this mecting and forwarded it to his superiors . Atma Singh stated that four days thercafter he was able to obtain a copy of the Constitution of Dal Khalsa . Atma Singh has produced a photostat copy of that Constitution , which has been marked as Ex . No. 7. Atma Singh stated that Gajander Singh , who attended the meeting of the Dal Khalsa on 13-8-1978 , was one of the persons who had hijacked an Indian Airlines plane on 29-9-1981 . The plane was taken to Lahore and Gajender Singh was arrested in Pakis- tan. Hersimran Singh was at present in the custody of the Indian authorities in connection with the abetment of the hij- acking of the plane .
21. The Constitution of the Dal Khalsa, Exhibit No. 7 , laid down as its object-
( 1) The establishment of Khalsa State, with full sovereignty based upon the principles of Khalsa ;
(2) To co - operate with the nations of the world which were struggling for their freedom ;
(3) To fight against the economic exploitation and any one ondeavouring to make the Khalsa economically weak;
(4) To awaken the religious feelings amongst the Sikh nation; and
(5 ) to struggle against the Gurudon sects and any organi- zation opposed to the Panth .
The Constitution laid down the requirements of eligibility to membership of the Dal Khalsa , the membership fec , meetings and various other aflied matters ,
22. Atma Singh was cross -examined bothby Mr. Butalia and also by Mr. Sodhi . In his cross - examination Atma Singh stated that he had personally not attended the two meetings held at Gurudwara Kesgarh in Sector No. 35 at Chandigarh on 13-8-1978 and 20-8-1978 . Atma Singh stated that le did not know whether any criminal case had been filed in respect of the drafting of this Constitution against any one . Atma Singh stated that the copy of the Constitution, Exhibit No. 7, Lid not bear the name or the signature of the draftsman . He stated that the name of the printer had been printed on the last page of the Constitution, but he had not made any attempt to race the printers at Chandigarh at the address given . He denied that he had fabricated the copy of the Constitution of Dal Khalsa at the behest of his superiors .
23. The Government has led the evidence of Janak Raj s /o Pandit Jagannath , Witness No. 4, who was employed as an Assistant in the office of the D.I.G. C.J.D. Punjab at Chandi- garh . Janak Raj stated that the office of the D.I.G. , C.I.D. Punjab was located in Chandigarh . As an Assistant in the office, he dealt with the papers and documents rclatingto Sikh affairs in Punjab . He stated that he had maintained files relat- ing to the activities of the Dal Khalsa and the National Council of Khalistan . He had brought the files with him. Janak Raj stated that in January 1981 he came across a poster with a re- port from his Field Officer . The poster was issued by the Dal Khalsa . It exhorted the Sikhs to boycott the Republic Day celebrations of 26th January 1981. The poster stated that such of the Sikhs who participated in the Republic Day cele- brations would be cutting their own throats . A photostat copy of the poster was produced by Janak Raj , which has been marked as Exhibit No. 8 .
[PART II- SEC . 3( i ) ]
24. In August 1981 , Janak Raj came across another poster issued under the signatures of Harsimran Singh, Mukh Panch of the Dal Khalsa , Gajender Singh , Satnam Singh , Gyani Har- bhagat Singh and Jaswant Singh , panchas of Dal Khalsa . The poster stated that the Independence Day of 15th August 1981 should be treated as a blackletter day for the Sikhs . The poster stated that a procession will be taken out by the Sikhs from Gurudwara Mandi Sahib in the Golden Temple at Amrit- sar. Janak Raj has produced a photostat copy of this poster which has been marked as Exhibit No. 9 .
25. Janak Raj then stated that in December 1981 he came across yet another poster issued by the Dal Khalsa . He re- ceived this poster from his Field Officer . The poster was cap- tioned: "Why the Sikh State should be established . " The poster further stated that the Sikh community could not remain as a part of India and hence it was necessary to have an inde- pendent State . A photostat copy of this poster has been ten- dered and marked as Exhibit No. 10.
26. The Government has next examined Balbir Singh s / o Chanchal Singh, Witness No. 7.In August 1981 Balbir Singh was posted as an Inspector of Police in the C.I.D. at Amritsar . One of his duties was to collect intelligence reports of political parties and to forward them to his superiors . On Ist Decem- ber 1981 Balbir Singh came across a poster capitioned : " Khalis- tan Zindabad " . It was written on the poster that it was better to die than to live with dishonour . The poster was signed by Harsimran Singh , Mukh Panhc of the Dal Khalsa and Jaswant Singh , Panch of the Dal Khalsa . In the body of the poster it was mentioned that certain Hindu Officers , who were mentioned by name, were tyrannising the Sikh community . The poster called upon the Police and the Army not to obey the orders of Gangu Brahmins . Balbir Singh has produced a photostat copy of the poster which has been marked as Exhibit No. 14 . Balbir Singh forwarded to his supeviors the poster along with hisreport . On the basis of the poster , a first Information Report , bearing No. 371 dated 4-12-1981 was lodged at Thana Division No. 4, Jullundur . A copy of the F.I.R. has been marked as Ex. No. 16.
27. In his cross - examination by Mr. Butalia and Mr. Sodhi , Balbir Singh stated that he did not investigate the case in res- pect of the F.I.R. Exhibit No. 15. He admitted that there was no name of the printer on the poster . He stated that the names of the persons who had issued the poster had been written on the poster , but no address was given . He denied that he had the poster printed himself in order to blame the Dal Khalsa.
28. The next witness examined by the Government was Balwant Singh S/ o Sardar Arjan Singh , Witness No. 5 , who was the Deputy Superintendent of Police , C.I.D. at Ropar . Bal- want Singh stated that he had been posted as District Superin- tendent of Police at Ropar since October 1980. Balwant Singh stated that the Gurudwara Anandpur Sahib lell within his jurisdiction . At the Gurudwara Anandpur Sahib an annual fair took place , which was known as ' Hola Mohala' . This fair usually took place in the month of March of each year . In 1981 the ' Hola Mohala' fair took place on 20-3-1981 and two days subsequently . Thousands of Sikhs had gathered to parti cipate in the fair . He was also present along with his staffto collect intelligence. On 20-3-1981 the Dal Khalsa organized a procession and held a public meeting . About 85 people had taken part in this procession . A few of them were armed with rifles and guns . Harsimran Singh , Mukh Panch of the Dal Khalsa led the procession . The others who participated in the procession were Gajender Singh and Ujagar Singh Randhwa of Tavan -Taran , Harisimuan Singh made a speech . The others also made speeches . They stated that the Government coным- dered the Sikhs as anti - national and as members of criminal 13
भारत का राजपत्र असाधारण
[भाग II--खड 3 ( 11) ]
t ribes They called upon the Sikhs to get ready for establishing Khalıstan as that was the only way of safeguarding then interests After the speeches there was flag hoisting and the function ended at about 12 30 pm A' Kesan' flag was hoisted and five shots from a rifle were fired in the air After the function was over, slogans were raised , such as " Khalıstan Zindabad ', " India is not our country " and " We shall bring down the tricolour and hoist the Kesan flag " Other slogans were also raised such as "We shall take Khalıstan at the point of a gun " and " Topi- Dhoti Jamna Par There were placards with the captions . "Khalıstan Brigade " , " We do not respect the Indian Constitu- tion" Another placerd had a map of Khalıstan carved out of India's north- westein bouder Balwant Singh had forwarded his report to his superiors giving details of this incident at the 'Hola Mohala ' fair
29 In his cross examination by Mr Butalia and Mr Sodhu , Balwant Singh stated that he knew most of the persons who had attended the fair as they hailed from the same locality in which he lived He did not have any photographs taken of the pro- cession Nor did he make any attempt to take charge of the placards He stated that there was no act of violence indulged in by the processionists
30 The Government has next examined Gurulal Singh S/ o Sardar Harı Singh , Witness No 8 , who was posted as a Sub- Inspector of Police, CID at Jullundur Gurulal Singh stated that on 15-8-1981 , which was the Independence Day , at about 8 am four workers of the Dal Khalsa gathered at the Gurud- wara Diwan Asthan at Jullundur City He was present at the Gurudwaraat that time The four persons who were connec- ted with the Dal Khalsa were Gurubachan Singh , Onkar Singh , Ranjit Singh and Harbinder Singh They were all workers of the Dal Khalsa These four persons found a heavy Police reinforcement gathered there They, therefore , quietly dis- persed and went to another Gurdwara 1e Gurudwara Singh Sabha near the Bus- stand, Adda Hoshiarpur in Jullundur City Gurulal Singh stated that he followed those four persons On reaching Gurudwara Singh Sabha , the four persons took out their swords and saluted the Kesarı flag which was hoisted there They then raised slogans like " Dal Khalsa Zindabad" and "Khalıstan Zindabad" Thereafter they dispersed Gurulal Singh forwarded a report of this incident to his superiors
31 In cross -examination , Gurulal Singh admitted that the Kesarı flag was a religious symbol He stated that every Sıkh commenced his prayers asking for blessings on the Kesarı flag that it should always fly high . He stated that he was not aware whether at the time of prayer in the Gurudwara , a naked ' Kırpan ' was presented He stated that he had not visited the five princı- pal places of worship of Sikhs (Akal Takht) He stated that he had not visited any historical Gurudwara
32 Gurulal Singh further stated in his cross -examination that about tour days prior to 15-8-1981 , it had been decided by the Dal Khalsa to boycott all celebrations on the Independence Day Gurulal Singh stated that it was customary for Sikhs to shout five times the slogan " Jo Bole So Nehal , Sat Srı Akal The witness agreed that was the slogan which had been shouted on the morning of 15-8-1981 He disagreed that the mag held on the morning of 15-8-1981 was a religious mecting He stated that it was a political meeting
33 Now, I do not think that the evidence of Gurulal Singh carries the Government case any further It is customary for Sıkhs when visiting a Gurudwara to stand in front of the Kesa11 flag with a naked sword or 'Kırpan' and shout the slogan "Jo Bole So Nehal , Sat Sri Akal Assuming that the four persons re Gurubachan Singh , Onkar Singh , Ranjit Singh and Har- binder Singh had shouted the slogans like " Dal Khalsa Zında- bad" and " Khalıstan Zindabad" , that , in my opinion , cannot be termed as an Jalayful activity as detined under Section 2(f) of the sard Act such as was likely to bring about secession of any part of the terrnory of Ir lha Norwas it likely to disrupt the sovereignty or territorial integrity of India I, therefore , do not think that Gurulal Singhs evidence sould be of any help in dec ding the Issues in this c . se
34 1 shall nov deal vith the evidence o . Dewan Singa So Sardar Premsing, Witness No 11 , who had reured from the service of the Pun ab Police Dewan Singh stated that from March 1975 till November 1981 , he was posted as a Sub - Inspec- tor in the Puma CID at Chandigarh During his posting asSub - Inspector he dealt with the Sikh affairs Dewan Singh stared that on 26 1 1981 , the members of the Dal Khalsa held a meeting at the Gurudwara located in Sector No 22 at Chandı- garh The Chairman of the meeting was Harsınran Singh , Mukh Panch of the Dal Khalsa The meeting was attended by Gajendar Singh and Ma nohan Singh , both panchas of the Dal Khalsa At this meeting it was decided to treat the Re- public Day as a black -letter day There were four cloth banners , on one of which was written Khalıstan Zindabad ' On the second was printed a map of Khalistan and the other two depic- ted certain scenes of repression of Sikhs dating from 1526 to 1849 and again from 1947 onwards One of the placards dis- played a couplet
"Maut Ki Shamshee sa Darna Kıs Live Zindgi Guzti Hai Khana -I - Jallad Men '
(' Why be afraid of the sy ord, frends , when we have spent our lives in the slaughter house")
He stated that Gajender Singh thereafter stood in front of the 'Kesarı' flag with a nakeu "Kupan' and uttered a prayer He then read out a couplet from the Holy Book which stated
"God give me strength to do good work without fear "
Thereafter Gajender Singh fired a shot from a double - barrel gun in the air After tltat the meeting dispersed amidst shouts of " Khalistan Zindabad"
35 Dev an Singh then stated that on 1-2-1981 the Senior Sikhs Sophisticates Forum held a meeting at the Panchayat Bhavan at Chandigarh Some members of the Dal Khalsa took advantage of this opportunity and opened a book- stall at the site of the meeting Dewan Singh stated that he was present at this meeting The same cloth banners and placards which had been displayed on 26-1-1981 were also displayed by Khalsa at this meeting The munbers of the Dal Khalsa who attended this meeting were Harsıman Singh , Gatender Singh , Manmohan Singh Satnam Singa , Kırpal Singh Man and N Singh , father of Gajender Singh At the meet- ing of the Forum, Harsimran Singh made a speech in which he stated that formerly the Muslans used to declare war on the Sikhs and the Hindus and the Sikhs united together against the Muslim hostilny Nowit were the Hindus who were declaring war of the Sikhs At this meeting the Dal Khalsa issued a postage stamp of 25 Paise Dewan Singh has produced one such postage s'arıp The came has been markea as Le No 28
36 Devan Singh then stated that on 14-3-1981 , the 54th All India Sikh Education Conterence took place at Chandigarh and was presided over by Ganga Singh Dhillon About 1300 to 1400 persons ettended this Conference to the course of this meeting, Ganga Singh Dhillon stated the the Sikhs wre a nation and not a tribe On hearing this , Harsi man Suigh and Gajender Su gn , who were present at the Con crence ra se i the cries of 'Katan 7andab d '
31 D.w n Singh than depad thu 58 Diw n or a religious meeting was helan the Gurudwar in Sector 22 foChandigarh . At this meeting, H rsimran Singh , Manmohau 14
THE GAZETTE OF INDIA EXTRAORDINARY
Singh , Nehang Gurudeep Singh and Satnam Singh of the Dal Khalsa were present . Dewan Singh was Iso present at this meeting . Harsimran Singh made a speech in which he stated that at one time there was considerable opposition to the forina- tion of the Punjabi Sublar. But afterwards Punjabi Sabza had come into existence . Similarly at present titere was opposition to Klelistan , but Khdistan would also come lato existence . After his speech he raised the cries of " Khalistan Zindabad " , "We shall take Khalıstın " and Hindustan is not our home . " After this Harsimran Singh took out a 'Kirpa ' , saluted the 'Kesari' flag and uttered a prayer . It was decid xt at this meeting that the Sikhs would not celebrate the Independence Day , but would treat it as a black - letter day . In the course of his speech , Harsimran Singli stated that the Siklis were faced with two choices : Honour or dishonour , Seif- respect or disgrace; Self esteem or humilitation ; Freedom or slavery and Kesari or tricolour . He also st ted that freedom was the birtht -right of the Sikhs .
38. Dewan Singh was cross - examinel by Mr. Bu lis and Mr. Sodhi . In his cross - examination Dewan Singh stated that in his presence none of the persons who had attenled the meeting was arrested . He stated that he did not make any attempt to remove the banners , nor did he have the banners Photographed . Dewan Singh stated that he could not a say whether according to tite religious tenets , a naked ' Kirpan ' or a sword had to be presented at the time of prayers . Hest:ted that he had not visited any of the five Takhts in India . Dewan Singh further stated that on 1-2-1981 at the meeting of the Senior Sikhs Sophisticates Forum , the Dal Khalsahad displayed some books relating to the Khalistan movement . He had not pur- chased any of the books . Dewan Singh stated that he could not say who had put up the banners at this meeting , since the banners were hanging there prior to his arrival and they wer still handing at the time when he left .
39. The Government has made some attempt to lead evi- dence to show a connection between the activities of the Dal Khalsa and the National Council of Khalistan . Towards that end they examined Pirthi Pal Singh s /o Sarder Harchand Singh , Witness No. 14 , who was tlte Deputy Superintendent of Police in the C.I.D. Special Branch of Punjab at Chandigarh Pirtiti Pal Singh stated that in his capacity as Deputy Superin- tendent of Police at Chandigarh, he received reports on the activities of the D'1 K'ulsa and the Nation Council of Khalis tan . He stated that the im and object of both the organisa- tions was i fentical i.e. the formation of an independent autono- mous State of Khalistan with its own Governmeit , its Constitu- tution and its flag . Pirthi Pal Singht stated that the Dal Kırılsa consistd of mili.ant Sikh youths and Balbir Singh Sandru , Secretary- General of the National Council of Khalistan , used to encourage these youths to resort to violent activities . The witness stated that formerly the office of the Dal Kaalse was at Chandigarh an ! that of the National Council of Khalistan was at Jullundur . But lately the office of both these organizı- tions was shifted to Guru Nanak Niw's , Golden Temple , Amritsar . Pirthi Pal Singh stated that on 15-8-1981 a joint meeting of the D 1Kttalsa and the National Council of Khalistan was convened at Guru Nanak Niwas at Amritsar . At this meeting, the 'Kesari'i gwas hosted and slogans like "Khalistan Zindabad" were raise 1. A resolation was passed at this meeting for the establishmat of Kh list in vad for starting 2 " D'i .ram- Yuth" (religious war ) for its attainment . A joint Press release signed by Gjender Singh , Panch of the Del Khals and by Balbir Singh Sandu, Seraftry-General of the National Council ofKholisten was issuel to the Press . Pathi Pol Singh 8.3 proiused a pilottopy of the joint Press releve , dated 15-8-1981 , waich ias been tentered and marked as Ex'ubit No. 32.
[PART II- SEC . 3 (ii ) ]
40. Now , I do not think that this evidence is sufficient to establish a link berween the Dal Khalsa and the National Council of Kaaliston, not that it is necessary to establish such a link for the purpos proving the Isstes before the Tribunal . Partia P. Singh his merely stated that Belsir Singh Sandhu , Secretary- General of the National Council of Khalistan , en- cour. ged militant Sikh yout's belonging to D 1Khalsa to resort to violent activities . This is only an ipse dixit . Apart from thisstatement , there is no other evidence to show that Balbir Singh Sandhu had anything to do with the youths belonging to the al Khalsa . It may well be t'at the aim and object of both he organizations is identical i.e. the establishment of an in- dependent autonomous state of Kalistan . But that would not cstablish any link between the two ; nor would the fiet that at ene time the office of the Dal Khalsa was situated at Chandigarh aal that of the National Corneil of Khalistra at Jallandur and atpresent both had skrifted their office to Guru Nanak Niwas at Amritsar . That may only be with a view to avoid arrests and Police raids on the office . I do not think that the Joint Press release , dated 15-8-1981 can also establish a substantial link between the two organizations , except that both had a common objective i.e. the attainment of Khalistan . I, therefore , do not think that the Government had been able to prove any connection or link between the two organizations or that Balbir Singh Sandhu , Secretary-General of the National Council of Khalistan, was encouraging and inciting secessionist and violent activities of young men who belonged to the Dal Khalsa . This is one of the grounds mentioned in the Notification concerning the National Council of Khalistan, be tring No. S.O. 296 (E ) , dated 1-5-1982 . In my view, this ground has not been substan- tiated . I have , however, on other grounds mentioned in my Order held that the National Council of Khalistan was indulging in unlawful activities as defined un ler the Unlawful Activities (Prevention) Act , 1967 .
41. I have alheady referred to the evidence of two learned Advocates Mr. Krishan Kumar Cuzeria , Witness No. 12 and Mr. Rajinder Pal Sood. Witness No. 13. Both the learned Advocates love expressed certain opinions aguast the Dal Khals and the National Council of Khalistan and they have advocated a ban on tltefactivities of both these organizations . Since these are mainly personal opinions of the learned Advoca- tes, they do not in any way go to prove the Lsue before this Tribunel . I have , therefore , not taken their evidence into consider tion .
42. That leaves the evidence of three incidents on which considerable stress and emphasis has been laid by Mr. Nanda Learned Advocate appearing on behalf of the Government . The first is the incident of burning of the Inli'n tricolour and tearing of the pages from the book on the Costitution of India at a public place at Jullundur . The second is the itijacking of an Indien Airlines Boeing plane , Flight No. IC 432 to Lahore by members of the Dal Khalsand the third - re the acts of sacrilege ofplacing severed heads of cows in front of Hindu temples i.e. Mandir Shiva in Ket Ahluwalis ani Bizer Kathian at Amrits r.
43. Megh Raj , Wiatess No. 2, was held the rank of a Sub- Inspector, was the Station House Officer of Police Station Division No. 4 , Jullundur . Megh Raj stated that he investiga- ted the case involving F.I.R. No. 295 of 1981 , dated 18-9-1981 at the Polic. Station Division No. 4 , Jullundur . Megh Raj state 1 that Gurb chan Singh a member of the Dal Khalsa , had publicly deel tred in Jullundur that he woul 1 destroy the natio 11 fing and te r the Constitution of India in Milap Chowk .
Accordingly, on 18--1981 , Gurbrch in Singh went to the Milap Chowk and raised the slogun " Kin listan Zindabad. " He stated before the persons who ' n grahured there that he would burn 15
भारत क. र. जपत्र असाधारण
[भाग II- खड 3 ( 11 ) ]
the flag of the nhơn vạch il noto Sh , Trener Gurbachan Singh bragat it the In la tricolour an i barnt if at the same pl co He then brought of pages of the Constitu- tion of In'in and tore them to prees Guib chan Singh ws arrested by SI Raj Kurnar The Polic Officeralso took charge of the bira pluc of the national fogard tora romants of the pig of the Constituti a of India Hetak ch ro of match -boyand a five rapre note from the person Gar 10 11 Singh The trucles wuret ken charge of under a par rran in the presence of two panes ( Fard- b171) . The recovery panchn ru , dt.1 18-9-1081 vs produced by Meg' RJ and has be a mark as E 2 Raj Kumar uten gave information of tlus offerice at the Police St tron His t tement was recorded and was treated as the First Information R וכקי The FIR of RJ Kumor , dearing No 5 of 1 marked as Exhibit N 4
Gur 44 Megh Raj stated that the case gainst Gauben wsproceeded with in the Cou , t of the Chict J. I grer te , Jullundu . Wad t the proceedings are in progres bachan Singh juriped bari on 3-5-1982 Тасsesti cre- after put on the ormant fil
45 Meght Raj was cross -examined by Mr Bu ala Sodhi . However , there is nothing in the cross -examination which would cast doubt upon the ver city of the Police Offi er since his tes imony is corroborated by the FIR of SI Raj Kumar, Exhibit No 4, and the recovery panchnama , Ex No 3
Was 46 On the incident of hijacking , the Cove nment has lod the edere of Bal Kishen Tarwes Baru Rupchand, Witne 、 N ^ 9, who was posted as the Assistant Couma sene of Police , Vişılanco Ban n , Delhi ' n Je ne 10 BIK ban Tanw produced a carbonpy of the FIR No 105 of 1981 , dated 29-9 1981 filed by GS Livan, Sentor Secunty Offces , Indian At lines , Delhi Ai port The case to ed unde Sections 365 , 295 , 397 and 398 rerd wah Seck 34 of the Indian P nal Code and Section 27 read witl Sectors 54 and 59 of the Aris Act and Section 10 of the Inc an Ar- cfts Act Bal Kishan stated that he investigated the case The case was in respect of an Indian Aı lines Boeng Arc afı 737, Fight No IC 432 flying f om Delt Ai pot to it destin tion at Sh inaga via Am ital Bal Kushen Tanva stated that he reco deu statements of the mombes of the cow 210 Ile inve ligations revealed thet some of the passengers Gajende Singh , a Panch of Dal Khal , a'ors wrt four othe s viz Satnam Singh , Tajend apel Sirgh Jasti Srghand Ka an Singh had huacked the plane f eri Delhi to I cho e All five of the carried 'Kı pans' with them After they had succeeded in taking cha ge of the ar c aft , they shoued slogans such as 'Khalıstan Zindabad, Hindustan Murdabad " They also made the passenges shout the sarme slogans at the point of their 'Ki pans ' Even the children of fo eign passengers were compelled to shout thet sogar The main demand of the hijagkers was the estall stment of the State of Khalt tan , pay- ment of a sum of $ 500 000/- and the cle . e of all p isone s a rested in connection with the Khaltı ten mover , its
47 On the sante evening , a Pass Cafe ence was hela in the ofhee of the D 1 Khalsa 1 1 Gu , Narak Niwas Am itsa , at which Ha sım en Singh decla ed that the Dal Khalsa was responsible for the hijacking A carbon copy of the I'IR No 105, dated 299 1981 has been puoduced and ri Led as Ex No 9 Bal Kishan Tanwat peduced Pes cutting fom the daily newspape " " Tiibune lesped of the Pres Conference held by Ha smren Singh toged wihar ccount of the h jacking The newspaper cutting bhas been ter der Ba and ma kel as No 21 Bal Krishan Tanwas stated that Harsım en Singh was arrested in connection with this incident The actual hijackers were arvested in Pakistan
42 In the oths.sevarimation by Mr But . 12 and M Sadh Tony stated that lehed e ded staturer ofell then h H der d thet C. Srsh escens lle for 11c 1crgaro that the Dal Khalsa hai notung to do wah 11 Belkrılan Tarvai tated that He ran 5 ngh had enred he otehorchrg adhdadmitte's > Corfe erce He could rot fnd at the place whee the cud pinnig of the hyaghing balt ken place BIKishan Tanwar stated that he can e to know though th 、 p esesthat the lijeci ens had demanded the bli hnen of the Goeimeit of Khalistan , the pay- matofe sum of $ 500,000/- and the re'ease of all pusone s cara ted with Kla 1 tan movement
CO 49 The L. tallent which took place on 26-4 1982 con- placing of ove ed be ds of cows in the prec 1 cts of 'u termp¹ satam itsar Du ga Dess s/ o Pu archend , No 10 vsa Sub - In pector cat cheu to the City Police Son at Ara itsa Ket Ahulwala anu K 3 LI Kathian we e localtutes who fel' wibr. the jurisdiction Cuv Kot vel Pe Sction At both these places, va , a Hindu inple known as ' Mandır Shivala On n 25 3 1982 one 3 sw nt Sush Thekeda , Mukh Fanch of the Daf Kh ' sa hl11 Pcss Confe encetvhch the citicised the sta ement of the Chief Ministe of Punjab thet no organization e Dal Khalsa existed He stated that he would rove the existence of Dal Khala tv placing sevend rezas of cows ' n nole, on the B khi day Duga Dre poduced a less cttig fon the newspaper ' Akalı Patrika'ded 25 २.152 1 ha beer tendered and marked Ex Νο 22
50 Du ga Das then deposed thton 264 1982 , Sch , n Sgh S/ Fut , Sirth come to the Kewalt Polce Sietion,nd relohn tht Je want Such , Manmohan Sugh , Sukhjinde Singh and R jende Singh , memte of the Del Khalsa and pl ced seavad heads of cov , in fcnt of ' Mandı Shivala' both at Katra Ahluwala and Bazar Kothian They had also placed po tors at both these places Durga Dass stated that he immediately eco ded the statement of Sohen Singh s / o Fateh Singh ard registe ed a caso , bearg Case No 96 of 1'3 " under Sections 295A and 153A cad witl Sectior 34 of the Indian Penal Code Pug Dass podiced the FIR ecorded by him which has been tende ed ard maled as Ex No 23
51 Durga Das then stared th the proceeded to Mandu Shivala at Bazar Kathian He found a eve ed read of a cow hung on the fence of the temple There was alen a poster which had been hung nearby He took charge of the seve ed head of the cow as also the poster in the pre ence of parchas under a panchnama A copy of that parch nama bos tuen poduced and ma ked as Exhibit No 24 Du za Dase stated that the poste contained the foflowerg text
"Khalisten Zinatea Hucus hea irured the fee ing of the Sik's by or enung Pan-Bion shop ne om hely rlace Now we shall not tole ate this Weslall rct let you 1 ve , no " shall we live You had toin the pages f Guru Ganth Sah band made envelopes f om there pages Sword and bullets have row become our- lives- Isted by Dal Khalsa
52 Afte taking cha ge of the va ions atcles stated here- tofore, Durga Dess porseded o Mendi St vala at Kat a Ahluwalha There too he fo ind the seve ed head of anothe " cow placed immed ateiv in fert of temple Thee was an identical posic hanging the e Du sa De tock cha ge of the seve ed head of thee was a'se the poste in the presence of panchas under a panchnera a copy of which has been tendered and marked as Fxhibit No 25 THE GAZETTE OF INDIA EXTRAORDINARY
16
53. Durga Dass stated that on the same day i e . 26-4-1982 , Manmohan Singh issued a stateoprent to the Press that the Dol Khalsa was responsible for the sets of plecu severed heads of cows near the Hindu temples . Durga Das , produced a cutt- ing from the daily now pape " Tribune " dated 27-4-1982 , which has been marked as Exhibit No. 26. Durga Dass stated that as a result of these incidents, the e was considerable communal tension between the two communities of Hindus and the Sikha in Am itsat. In this case , Sukhunder Singh , a panch of the Dal Khalsa was ane ted The othe's wore absconding .
54. Durga Dass was cross - examined by Mr. Butalia and Mr. Sodhi . Although the cross- examination is at some length , there is hardly any cross - examination on the incidents of sacrilege themselves . The only suggestion that was made to the witness was that no such incidents had taken pjace , a suggestion which the witness has denied .
55. On an analysis of the entire evidence led by the Govern- ment and on a careful consideration of the documents submitted to the Tribunal ,it will be observed that various incidents in the years 1981 and 1982 have been deposed to involving the Dal Khalsa organization . There is some evidence on record that members of the Dal Khalsa gathered at Gurudwaras where they offered prayers and saluted the Kesari flag with naked swords and Kirpans . At these succtings,slogans of " Khalistan Zindabad" and "Hindustan Murdabad " were raised . To my mind , these incidents are of no consequence . Salute to the Kesari flag with naked Kirpaus or swords is part of the religious ritual of the Sikhs who were ordained as a martial race by their tenth and the last Guru , Guru Govind Singh . The Guru gave his followers a distinct identity by making it obligatory upon his followers to wear their hair long and to grow a beard , to wear a comb and an iron bracelet on the wrist and to wear an under - wear . He also gave an injunction to wear a sword or a Kirpan at all times . The meetings at the Gurudwaras with naked swords and Kirpans and the shouting of slogans cannot , to my mind , be considered as acts which would disrupt , disclaim or impugn the sovereignty and territorial integrity of India . Nor was it likely to bring about the secession of any part of the territory of India. I, therefore , consider these incidents to be innocuous .
56. So also the incidents of placing severed heads of cows in front of the temple premises . I do not for a moment desire to belittle the gravity of these sacrilegious acts . These acts were intended solely with a view to wounding the religious feelings of community . They certainly would lead to communal tension and create a law and order problem in their wake . They were fraught with disastrous consequences . The question , however , is whether they could be termed as an ' unlawful activity ' as defined in olause (f ) of Section 2 of the said Act . Could it be statd that these acts disrupted , disclaimed or impugned the sovereignty and territorial integrity of India , or that they brought about the secession of a part of the territory of India from the Union ? I think not . The could be dealt with the aid of the ordinary laws of the land . These acts, therefore , however grave in their nature , cannot be said to be ' an unlawful activity' as defined under the said Act ,
57. The hijacking il an Indian Airlines plane fiom Delhi to Lahore stands on an entirely different footing . A group of per- sons affiliated to the Dal Khalsa took forcible possession of a property belongingto the Government of India which was worth crotes of rupees , and under compulsion diverted it to a foreign country . This act would amount to a direct challenge to the authority of the Government , such as would question anddis- rupt the sovereignty of the country . This act would, therefore , tantamount to an ' Unlawful activity' as defined under clause ( f) of Section 2 of the said Act .
[PART II- SEC . 3 ( ii) ]
58. The acts of burning the Indian tricolour and the tearing of the pages of the Constitution and in the background of this , to hoycott the Independence Day celebrations could all be termed as acts which were intended to support or to bring about the secos- sion of a part of the territory of India from the Union and sufli- cient to incite other individuals to bring about such secession . I am, therefore of the view that the members of the Association known as ' Dal Khalsa' had indulged in unlawful activities with the object of bringing about the State of Khalistan by seceding a part of the territory of this country from the Union . There 15 , therefore , sufficient cause for declaring this Association as unlawful.
59. I, therefore , answer Issue No. I in favour of the Govern- ment , in that there is sufficient cause far declaring the Associa- tionknown as ' the Dal Khalsa ' as an unlawful Association under the provisions of the Unlawful Activitics ( Prevention ) Act , 1967.
60. I answer Issue No. 2 also in favour of the Government in that the declaration made under Sub- section ( 1 ) of Section 3 of the Unlawful Activitics ( Prevention) Act , 1967 , by Notification bearing No. S. O. 295 ( F) published in the Gazette of India Fxtraordinary , New Delhi , dated 1-5-1982 is hereby confirmed and the Reference is accopted.
61. Before parting with this Reference , it needs to be stated thatit is unfortunate that a small section of the Sikh community has thought in terms of sccession from this country . Rccent events have shown that division and vivisection do not solve problems: on the contrary, they create larger problems in their wake , The Sikhs are a rugged, valiant and martial race . Their religion emerged as a protest a gainst Moghul autocracy and Hindu pacifism Their history of two centuries has been intricately woven into the histrory of this country. In times of crisis and conflict , they have displayed courage and valour above and beyond the call of duty and have earned for themselves praise and honour . One can only hope and pray that these misguided souls will retrace their step and endeavour to find fulfilment of their aspirations within the fabric and framework of the Indian nation.
62. This Judgment will be forwarded to the Union Home Ministry for publication in the Government Gazette as expeditiously as possible . All other documents and papers submitted to this Tribunal will alsobe retuned to the Union Home Ministry along with thejudgment .
[No. II/ 17017/6 / 82-IS.US D- II ]
का० आ० 767 ( अ) भारत सरकार के गृह मंत्रालय की तारीख । मई, 1982 की अधिसूचना सं ० का ० आ० 295 ( अ. ) और अधि- सूचना सं का ० अ ० 296 ( श्र ) में प्रन्तविष्ट विषय पर न्यायनिर्णयन करने के लिए " विधि विरुद्ध क्रियाकलाप ( निवारण ) अधिकरण" का भारत सरकार के गृह मंत्रालय की अधिसूचना सं ० का० श्रा० 373 (अ.) तारीख 29 मई, 1982 द्वार। गठन किया गया था , जिसमें न्यायमूर्ति श्री डी० एन ० मेहता , मुम्बई उच्च न्यायालय के न्याय- धीश थे और अधिकरण ने अपना कार्य पूरा कर लिया है ;
और यह कि केन्द्रीय सरकार की यह राय है कि उक्त अधिकरण को बन्ना रहना भावश्यक नहीं है ।
अतः, अब केन्द्रीय सरकार, विधिविरुद्ध क्रियाकलाप (निवारण) अधि- नियम , 1967 ( 1967 का 37) की धारा 5 की उपधारा ( 1 ) द्वारा प्रवत्न शक्तियों का प्रयोग करते हुए निवेश देती है कि उपर्युक्त अधिकरण राजपत्र में इस अधिसूचना के प्रकाशन की नारीन्द्र से अस्तित्य में नहीं रहेगा ।
[सं ० II / 17017/ 6/ 82-आई एस ० यू एस-डी-II] एल ० एन ० गुप्ता. संयुक्त सचिव 17
भारत कः राख प्रसाधारण
[भाग II- खंड 3 ( ii ) ]
S. O. 767 (E) : Whereas the " Unlawful Activities (Preven- tion) Tribunal " consisting of Shri Justice D.N. Mehta , Judge of Bombay High Court , constituted by the notification of the Government of India in the Ministry of Home Affairs No. S. O. 373 (E) dated the 29th May 1982 , to adjudicate upon the matter contained in the notifications of the Government of India in the Ministry of Home Affairs No. S. O. 295 (E) and No. S. O. 296(E) dated the 1st May 1982, has completed its work ;
And whereas the Central Government is of opinion that the continued existence of the sald Tribunal is unnecessary;
Now, therefore , in exercise of the powers conferred by sub- section (1) of section 5 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967) , the Central Government hereby directs that the aforesaid Tribunal shall cease to exist with effect from the date ofpublication of this notification in the Official Gazette.
[No. II/ 17017/ 6/ 82- IS.US.D. -II ] L. N. GUPTA , Joint Secy.
PRINTED BY THE MANAGER , GOVT . OF INDIA PRESS, RING ROAD , NEW DELHI - 110064 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI- 110054, 1982