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Deny consitutional releif SAD (Panch Pardhani): Govt urges HC

June 4, 2010 | By

Chandigarh/ Ludhiana (June 04, 2010): During the hearing on a petition moved by Shiromani Akali Dal (Panch Pardhani) in Punjab and High Court to seek judicial relief against ban on “Holocaust memorial march” imposed by Punjab Government, State’s counsel raised serious objections and claimed that Panch Pardhani is not entitled to receive any sort of relief under  Indian Constitution, as it adhere to the ideology of Khalistan.

The Punjab Government also objected that this party places the photo of Baba Banda Singh Bahadur along with that of Sant Jarnail Singh Bhidranwale. Government’s contention is that Bhindranwale was a terrorist who was killed during an army operation in June 1984. Addn. Advocate General, Amarjeet Singh Jatana, while pleading the case on State’s behalf, argued that Article 4 of Panch Pardhani’s Constitution pleads for securing federal structure in India as per Anandpur Sahib resolution and Amritsar Declaration, but this Article says that ultimate goal of Sikh Nation is to implement the concept of Raj Karega Khalsa. This clarifies that this party do not believe in Indian constitution; thus it is not entitled to claim any relief under it. State’s counsel also asserted that “bans on various activities of Panch Pardhani were imposed earlier also”.

On the other hand SAD (Panch Pardhani) maintained that earlier no ban was imposed by the Government on any activity of the party. Rajwinder Bains, counsel for Panch Pardhani, strongly contended the claim of State’s attorney and pleaded that pleading of implementation of federal structure does not deprive his client from seeking judicial relief for protection of its’ lawful rights.

While talking to media persons Panch Pardhani’s secretary general, Harpal Singh Cheema, said that they should be allowed to exercise their democratic rights. He said that Sant Jarnail Singh was declared to be Great Sikh of 20th Century in year 2001 from Sri Akal Takht Sahib. “Sant Bhindranwale occupies same place in 20th century Sikh history, that was occupied by Baba Banda Singh in 18th century.” he added.

It is notable that it was Shiromani Akali Dal, the current ruling party of Punjab, that adopted the Anandpur Sahib resolution in 1973 and led a struggle, for decades, to seek its implementation. Recently the Governor of Punjab, Shivraj Patil, in his inaugurating address in Punjab assembly, affirmed that Punjab government is committed to secure the demands mentioned in Anandpur Sahib resolution and advocated implementation of federal structure in India.

Hon’ble Judge of High Court, Rajan Gupta, said that this matter required serious and detailed discussion, therefore he has fixed 5 July, 2010 as next date of hearing.

During the hearing on a petition moved by Shiromani Akali Dal (Panch Pardhani) in Punjab and High Court to seek judicial relief against ban on “Holocaust memorial march” imposed by Punjab Government, State’s counsel raised serious objections and claimed that Panch Pardhani is not entitled to receive any sort of relief under Indian Constitution, as it adhere to the ideology of Khalistan.

The Punjab Government also objected that this party places the photo of Baba Banda Singh Bahadur along with that of Sant Jarnail Singh Bhidranwale. Government’s contention is that Bhindranwale was a terrorist who was killed during an army operation in June 1984. Addn. Advocate General, Amarjeet Singh Jatana, while pleading the case on State’s behalf, argued that Article 4 of Panch Pardhani’s Constitution pleads for securing federal structure in India as per Anandpur Sahib resolution and Amritsar Declaration, but this Article says that ultimate goal of Sikh Nation is to implement the concept of Raj Karega Khalsa. This clarifies that this party do not believe in Indian constitution; thus it is not entitled to claim any relief under it. State’s counsel also asserted that “bans on various activities of Panch Pardhani were imposed earlier also”.

On the other hand SAD (Panch Pardhani) maintained that earlier no ban was imposed by the Government on any activity of the party. Rajwinder Bains, counsel for Panch Pardhani, strongly contended the claim of State’s attorney and pleaded that pleading of implementation of federal structure does not deprive his client from seeking judicial relief for protection of its’ lawful rights.

While talking to media persons Panch Pardhani’s secretary general, Harpal Singh Cheema, said that they should be allowed to exercise their democratic rights. He said that Sant Jarnail Singh was declared to be Great Sikh of 20th Century in year 2001 from Sri Akal Takht Sahib. “Sant Bhindranwale occupies same place in 20th century Sikh history, that was occupied by Baba Banda Singh in 18th century.” he added.

It is notable that it was Shiromani Akali Dal, the current ruling party of Punjab, that adopted the Anandpur Sahib resolution in 1973 and led a struggle, for decades, to seek its implementation. Recently the Governor of Punjab, Shivraj Patil, in his inaugurating address in Punjab assembly, affirmed that Punjab government is committed to secure the demands mentioned in Anandpur Sahib resolution and advocated implementation of federal structure in India.

Hon’ble Judge of High Court, Rajan Gupta, said that this matter required serious and detailed discussion, therefore he has fixed 5 July, 2010 as next date of hearing.


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