CASE ANALYSIS

OF

SIMRANJIT SINGH MANN VS. STATE OF PUNJAB AND

ORS

BY

Umang Dudeja

Intern

2nd year

IMS UNISON UNIVERSITY, DEHRADUN

UTTRAKHAND

MOB- 7017202636

EMAIL- [email protected]

26th APRIL 2020

 Simranjit Singh Mann vs. State of Punjab and Ors

Background of the case

In the case of Simranjit Singh Mann v State of Punjab, it is stated that Simranjit Singh Mann,
an Ex- I.P.S. Officer and a former Member of Parliament has been raising number of social
issues in the Court in the public interest which allegedly caused embarrassment to the
Government which was taken personally the head of the Government which results in
putting allegedly the petitioner behind the bars on flimsy cases . In this it is argued that the
petitioner filed public interest litigation in this court in which he pleaded for an impartial
investigation in the case of Ms. Katia's alleged molestation and was said to include the
respondent chief minister's grandson. It is also said that Gurkirat Singh, the Chief Minister's
grandson, had to remain behind the bars for almost two months on account of initiation of
the proceedings against him by the petitioner.

On 05-01-1995, the petitioner was arrested from Bassi Pathana and was presented before
the Judicial Magistrate. It was disclosed that the petitioner has been arrested for a number
of Fir filled against him which are under Section 124A, 152A 506 of IPC and under section 3
and 4 of TADA Act. The petitioner filed a bail application for his release but was rejected
under the FIR dated 24-8-1994 because the prosecution had allegedly changed the offences
to Section 124A, I.P.C. It is submitted that all the FIR’s registered against the petitioner
contains similar allegations and contents of speeches made by the petitioner. The Beas
Police Party is also recorded to have appeared before the Judicial Magistrate, Fatehgarh
Sahib, and sought police remand for offenses under Sections 3 and 4 of TADA in FIR No. 59
dated 27-8-1994. Nevertheless, the Judicial Magistrate denied the remand. It is claimed that
the petitioner was placed in handcuffs in the Court on the claimed ground that the
petitioner made comments in the Press expressing his intention to file proceedings against
the extension given to Mr. K. P. S. Gill, Director General of Police. It is argued that new
unresolved cases are brought against the complainant with the sole intention of keeping
him behind bars at any cost allegedly due to personal agenda of the Chief Minister.

Number of cases registered against the petitioner till those dates were:
 1. FIR 108 dt. 26-12-94 Under Section 124A, IPC station Sirhind.
2. FIR 2 dt. 4-1-95 Under Section 353, 186, 506 IPC station Sirhind.
3. FIR 70 dt. 13-8-94 Under Section 153A, IPC station Sirhind.
4. FIR 89 dt. 15-8-94 Under Section 124A, IPC and section 4 TADA station Khanna.
5. FIR 59 dt. 27-8-94 Under Section 124A, IPC, 153A, IPC and Section 3 and 4 TADA
station Beas.
6. FIR 32 dt. 29-4-94 Under Section 124A, 153A, IPC station Talwandi Sabho.
7. FIR 71 dt. 11-9-92 Under Section 123/124A, IPC, 153A, 307, IPC and Section 3 and 4
of TADA station Dehlon.
8. FIR 75 dt. 18-9-92 Under Section 124A IPC, 153A IPC and under section 3,4,5,6 of
TADA, station Jaito.
9. FIR 124 dt. 18-12-93 Under Section 124A IPC, 153A IPC station Sadar, Ropar.
10. FIR 19 dt. 10-2-92 Under Section 171C, 153A, 124A,295-A, 506 and 120-B IPC, station
Civil Lines, Patiala.

ISSUES OF THE CASE

The issues of the case was that whether a person can exercise his/her constitutional rights
when is guilty of offences which are punishable under TADA or not, whether he/she can get
bail for that offence or not and whether this TADA is Constitutional or not. In this case the
petitioner wants to exercise his constitutional rights and wants to get bail as he was
prosecuted against the offences under TADA by delivering speeches of hatred and violent in
nature to make to people listening it aggressive and react in very angry and wrong way
toward the government and the county as by saying that the Sikhs are harmed in the
country and much more. Whatever the case may be, it is inclined at this point to determine
whether the petitioner is guilty of offenses punishable under the TADA, lest he prejudice the
case of any of the parties. However, we are of the view that the claims presented in the case
allow this Court to carry out a laborious exercise of scrutinizing the information that is not
required.
Concept of Terrorism
The concept of terrorism is a quite old concept. It is usually intended to encourage
subversive activities that cause fear and damage human lives, and damage pre-selected
property. Terrorism may be undertaken by a government covertly or by any political party,
antisocial individuals, religious fundamentalists who do not want to participate in direct
confrontation but want to kill the opponents by unorthodox and unconventional attacks.

The term ―Terrorism which is based on the Latin word ―”terrere” (to cause to tremble), it
came into being in 1795 in the rule of Post Revolutionary France. Terrorism is the concept
through which terrorists terrorize the masses or cause harm to innocent people and the
society to establish their fearful existence to bargain with the government for or otherwise
unacceptable deal or temporarily make people believe about their supremacy against the
State administration. The European Union in its 2002 definition proclaims that the aim of
terrorism is destabilizing or destroying the fundamental political, constitutional, economical
or social statures of a country.

Terrorism across borders has become a problem for the U.N. In the 1960s the United
Nations after the outbreak of hijackings held the Convention on Crimes and Any Other
Actions Committed to Aircraft. As the premier international lawmaking body, the United
Nations plays a key role in combating cross border terrorism. The U.N.‘s General Assembly
passed one of the most comprehensive resolutions 1373/2001 against terrorism in the wake
of the September 11,2001, attacks on the World Trade Centre.

The term eco-terrorism was used in the late 20th century to describe acts of environmental
destruction committed to achieve a political objective or as an act of war, such as the Iraqi
military's burning of Kuwaiti oil wells during the Persian Gulf War. The term was also applied
to other environmentally friendly actions, such as the spiking of lumber trees, aimed at
disrupting or preventing activities that are allegedly harmful to the environment.
Argument by Petitioner
The counsel for the Petitioner impliedly admitted the delivery of speeches by the petitioner
but, however, submitted that his client had not advocated violence. Whatever the case may
be, at this point we are not inclined to adjudicate whether the petitioner is guilty of offenses
punishable under the TADA, lest it prejudice the case of either of the parties. We are,
however, of the opinion that the pleas raised in the case require this Court to perform a
laboured exercise of examine the material which is not warranted. The petitioner also said
that the allegations of mala-fide made by the petitioner in the instant case are vague and
ambiguous, and the vague allegations cannot be made a basis for holding the existence of
mala-fides. the petitioner has prayed for the issuance of a direction to the respondents for
releasing him in all cases known or unknown and award bail.

Argument by the Respondent

The counsel for the respondent stated that It is not acknowledged that the petitioner is
involved in various criminal cases as detailed in Annexure R/11. Some of the cases reported
against him fall under TADA's provisions. It is also stated that the petitioner is guilty of
offences punishable under the TADA; this Court should not exercise its constitutional
powers to issue any directions for his release. The counsel also stated that all cases
registered against the petitioner are attributed to be in his knowledge. The petitioner is
claimed to have addressed a number of events in which he made provocative speeches
announcing the establishment of a separate Khalistan State out of India.

Laws against Terrorism by India

The Counter –Terrorism Committee (CTC) has become the United Nations leading body to
promote collective action against international terrorism. In restructuring the CTC, the
Counter Terrorism Executive Directorate (CTED) has been established as a special political
mission headed by an Executive Director to be appointed by the Secretary General of the
United Nations. The United Nations Counter-Terrorism implementation Task Force (CTITF),
established by the Secretary-General, organizes its work through Working Groups i.e.
Integrated Assistance for Countering Terrorism (I-ACT): Preventing and Resolving Conflicts.

The Unlawful Activities (Prevention) Act, 1967 in section 15 inserted through amending Act
of 2008 contains definition of ‘Terrorist act‘. It says that whoever does any act with intent to
threaten or likely to threaten the unity, integrity, security or sovereignty of India or with
intent to strike terror or likely to strike terror in the people or any section of the people in
India or in any foreign country,-(a) by using bombs, dynamite or other explosive substances
or inflammable substances or firearms or other lethal weapons or poisons or noxious gases
or other chemicals or by any other substances, commits a terrorist act 1.

Through the Constitution of India, India resolved to strive for good governance and with this
object set out certain Directive Principles of State Policy. The prime purpose of which was to
protect its people's welfare. They cover the idea of a welfare state. India has been aware
and alive throughout of its obligations under the International Multi-Lateral Treaty regime.
Terrorism spreads fingerprints across boundaries. Initially, India's response to the bane was
an Attempt to regulate by general rule. But since the menace reached alarming levels, it
escalated into the need for special measures in the shape of enactment called Terrorists
and Disruptive Activities (Prevention) Act,1987(commonly known as TADA,1985). The
enactment was validated by the Legislature, principally in the wake of the state of fear of
panic which the perpetrators in some parts of India tried to establish and the target of
disturbance of communal peace and harmony.

The Unlawful Activities (Prevention) Act, 1967 is an Act to allow for the more efficient
avoidance of such illegal activity by persons and organisations, and to deal with and respond
to terrorist acts. Every person who commits an offense outside India punishable under this
Act shall be dealt with in the same manner as if that crime had been committed in India
according to the provisions of this Crime. Currently, the National Security Act, 1980 is the
most widely abused law of these laws 2. The stated goal of the Act is to prevent individuals
from acting in a manner pre-judicial to certain objectives of state, including national

1
Terrorist and Disruptive Activities (Prevention) Act, 1987
2
State of Haryana v. Bhajan Lal 1992 supp (1) SCC 335 : 1992 Cri LJ 527
security, public order and the maintenance of supplies and services essential to the
community. It provides for the maximum detention of individuals for up to a year without
charges, a trial or others rights that accused take for grant of Advisory Board in India.

The major antiterrorism laws that India has enacted since 1980 are the Terrorist and
Disruptive Activities (Prevention) Act (TADA) 1987, the Prevention of Terrorism Act (POTA)
2002, and the Unlawful Activities (Prevention) Amendment Act (UAPA) 1967, all have
raised human rights concerns under the Indian Constitution and International Human Rights
Treaties such as the International Covenant on Civil and Political Rights (ICCPR).

Terrorist and Disruptive Activities (Prevention) Act

Terrorist and Disruptive Activities (Prevention) Act, usually referred to as TADA, was an
Indian anti-terrorism law that was in effect between 1985 and 1995 (amended in 1987) in
the form of the Punjab insurgency and extended to India as a whole. It started playing its
role on 23 May 1985. Following widespread allegations of misconduct, it was renewed in
1989, 1991 and 1993 before being allowed to expire in 1995, due to growing unpopularity. It
became the Government's first anti-terrorism law to identify and combat terrorist activity.

This Act was the Union government's first and only legislative attempt to identify and
counter terrorist activities3. It was conceived in the context of rising terrorist activity in
Punjab, which also had violent consequences in other parts of the country, including New
Delhi capital. The Act, which was opposed by human rights groups and political parties on
multiple counts, was permitted to expire in May 1995, while lawsuits launched while it was
in effect continued to be legal.

By 30 June 1994 the number of people detained under the act had reached 76,000. Police
dropped twenty-five per cent of these cases without filing any charges. Only 35 percent of
the cases were brought to trial, of which 95 percent resulted in acquittals. Less than 2 per
cent were convicted of those charged. Finally, the TADA act was repealed and replaced by

3
Hitendra Vishnu Thakur v. State of Maharashtra, 1994 AIR 2623, 1994 SCC (4) 602
the Prevention of Terrorist Activities Act (2002-2004), which was later repealed after much
debate. Yet, several are still kept under TADA.

In Usmanbhai Dawoodbhai Memon v. State of Gujarat 4, The Supreme Court noted that
TADA was an extraordinary measure to be taken when the police were unable to resolve the
situation under ordinary criminal law. The Act includes unique machinery to counter a
significant threat of terrorism in various parts of the world.

In Hitendra Vishnu Thakur v. State of Maharashtra 5, the Court dealt with the issue of
terrorism. Even though 'terrorism' is not defined under the Act, yet the Court summarised it
as Terrorism is one of the manifestations of increased lawlessness and cult of violence.
Violence and crime constitute a threat of an established order and are a revolt against a
civilized society. Under TADA, it was not possible to describe 'terrorism' specifically or to
describe what constitutes 'terrorism.' It can be defined as the use of violence where the
most significant result is not only the physical and mental damage of the individual, but the
sustained psychological impact it produces or has the potential to create on society as a
whole. Death, damage or destruction of property, including the deprivation of individual
liberty, may occur in the process, but the scope and nature of the intended terrorist activity
goes beyond the consequence of an ordinary crime that can be prosecuted under the
ordinary criminal law of the land and its main purpose is to overwhelm the government or
disrupt the peace of society or 'terrorise' people and culture, not just those specifically
attacked, with a view to disrupting even society's pace, harmony and tranquility and
generating a sense of fear and insecurity.

Controversial provisions
Human rights groups have strongly criticized the Act, as it includes provisions that
violate human rights. The critiques focus on the following facts:-

4
1988 AIR 922, 1988 SCR (3) 225
5
1994 AIR 2623, 1994 SCC (4) 602
  Under this Act, whoever directly or indirectly advocates cession or secession in any
part of India shall be liable for punishment.
 Section 20 of the Act requires that prisoners can be in police custody for up to 60
days, raising the possibility of torture. The detainee also does not need to be brought
before a judicial magistrate but may be brought before an executive magistrate who
is a police and administrative officer who is not responsible to the high court.
 The Act provides that a person can be held for up to 1 year without any formal
charges or proceedings against him.
 The court can be conducted secretly everywhere, and even retains the identity of the
witness secretly in breach of international fair trial requirements.
 The Act reverses the accused's presumption of innocence in the Act. Under section
21 of the Act, the person accused of having committed a terrorist act in which guns
and explosives were seized or admitted to someone other than a police officer or
provided if a person has financial assistance to commit a terrorist act or is accused of
possessing weapons or explosives or financial assistance to commit a terrorist act,
the person shall be assumed to be guilty unless proved otherwise.
 A person who confesses to a police officer not below the rank of police
superintendent can serve as evidence against him.
 Section 19 of the Act allows for an appeal against individuals convicted under this
Act before the Supreme Court.

Allegation on the Petitioner

The petitioner is alleged to have supported, propagated, facilitated and recommended
destructive practices through his speeches, when he challenged India's sovereignty and
territorial integrity. He is reportedly advocating the cessation of a portion of the Indian
Territory to carve out an independent Khalistan State.

In the FIR no. 89 which is registered on date 15-08-1994 at the police station of Khanna, the
petitioner is alleged of making a speech to make an independent state between Hindustan
and Pakistan with the name as Khalistan and took an oath for same.
In the FIR no. 59 which is registered on date 21-08-1994 at police station Majitha, he was
alleged to made a harsh speech about 20 lakh people of Ruada Minority Community, killed
by the Major, they continued their agitation and struggle, in Punjab, 1 Lakh 10 thousand
Sikh Youth have lost their lives and 70,000 are behind the Bars and when other Govt. come
to power, there will be a list of 20000 people and action will be taken against them. He also
said he would definitely get Khalistan, even if all the Sikhs are sacrificed. He also said that
after forming Khalistan we will form our own constitution. Ready and oil your arms. We will
route out the Brahmanwad. Near the stage, Gurchetan Singh, son of Bahadur resident Jagir
Singh Jat, also spoke for Khalistan and distributed the pamphlets published by Simranjit
Singh Mann and misleading propaganda was made to instigate the audience therein. After
his arrest 2300 pamphlets were recovered which were taken separately by the police.

In FIR no. 75 which is registered on 18-09-1992 at police station of Jaito, Faridkkot, the
petitioner is alleged of giving the speech that “The Sikh community while living in India does
don't want to call them minority and weak. The army of the present India cannot survive in
Khalistan, and the slogans of the Indian Army must also go back to Khalistan Zindabad,
Kharku Jathebandi Zindabad, and they would not stay under the regime of Brahaman, and
they also claimed that if the Indian Army did not go back and then the Khalistan Army made
by him at the point of fire make to run away the Indian Army.” He also stated in his speech
that they will not live in Hindustan and will definitely form Khalistan at any cost and will be
separate from India.

In FIR no. 19 which is registered on 10-02-1992 at civil lines, Patiala, it is alleged that the
petitioner declared to topple the Indian Government with an armed struggle. He is said to
have announced," Hindus should be compelled to leave Punjab. Hindus temples are to be
demolished and instead Gurdwaras will be built. This may be a separate armed Khalistan will
be carved and Khalsa Raj will be established."6

Alternative Dispute Resolution of Hate Speech Cases

6
Simranjit Singh Mann vs. State of Punjab and Ors, 1995 CriLJ 3264
Alternative dispute resolution proposes a paradigm shift in the way the legal system
administers justice. It shifts the focus from court-centred formal legal proceedings to the
settlement of the dispute between parties by way of negotiation, mediation, arbitration
and/or conciliation. The importance of this approach for redressal of disputes cannot be
overemphasised in light of the fact that it works in a time bound manner focused at arriving
at settlement between parties as opposed to pursing the matter in a court of law which are
already overburdened with the load of cases pending for years, bound by procedural
formalities.

Various methods of alternative dispute resolution in context of criminal matters have been
employed with success such as “victim-offender mediation, victim-offender panels, victim
assistance programs, community crime prevention programs, community service, plea
bargaining”53 etc. in select jurisdictions worldwide. The administration of criminal justice
stands to gain greatly from adopting alternate means of resolution in criminal matters.
Firstly, it fulfils the ideal of providing restorative justice to the victims of crime by offering a
chance of victim-offender reconciliation and begin the process of healing for the victim and
expiation for the offender.

Secondly, the alternate dispute mechanism has the capacity to be modified as per the goals
to be achieved and still continue to function within the form and conditions lay down by
law. Thirdly, it is a viable method for the parties from financial point of view as the cost
borne by the parties is significantly lower in comparison to the formal process of trial.
Fourthly, the flexible approach helps the parties to reach a settlement without the time-
consuming of specific court proceedings.

However, when it comes to adapting to alternative means of resolution in criminal matters,

the caveat is obvious: this approach cannot be employed uniformly for all offences. Its
efficacy remains to be tested in the class of offences that fall into the category of grave,
serious or heinous type of offences. Although the adoption of alternative means of resolving
criminal matters in India has been mired with much trepidation and implemented with
varying degrees of success, the trend is moving globally towards settlement by alternative
means, with the courts being the last resort.
Judgement
The judges by stating that they are not inclined to return a finding as to whether the
litigation initiated by the petitioner was for the public or for his person is to be stated under
judicial consideration before this Court as the matter was. It is also stated in the judgement
that the court is not inclined to issue any direction with respect to the cases in which the
accused is charged of having committed offences under the TADA.

The court also stated that he (the petitioner) is, however, at liberty to move the Designated
Court for the grant of bail in accordance with the provisions of law. The court also stated to
have already released the petitioner on bail in F.I.R. Nos. 108 dated 26-12-1994 of Police
Station Sirhind, dated 4-1-1995 Police Station Sirhind and 70 dated 13-8-1994 of Police
Station Sirhind, it was also stated that in case F.I.R. No. 124 of 18-12-1993 recorded at the
Sadar Police Station, Ropar the petitioner is ordered to be released on bail on his furnishing
bail bond in the amount of Rs. 1000/- with personal bond of the same amount to the
satisfaction of the Court of Justice having jurisdiction to try the case and stands disposed of
the Writ petition.

Reference

 Simranjit Singh Mann vs. State of Punjab and Ors, 1995 CriLJ 3264
 Usmanbhai Dawoodbhai Memon v. State of Gujarat 1988 AIR 922, 1988 SCR (3) 225
 Hitendra Vishnu Thakur v. State of Maharashtra, 1994 AIR 2623, 1994 SCC (4) 602
 State of Haryana v. Bhajan Lal 1992 supp (1) SCC 335 : 1992 Cri LJ 527
 'State of West Bengal v. Mohammed Khalid JT 1.994 (7) SC 660
 R. P. Kapur v. State of Punjab, 1960 AIR 862, 1960 SCR (3) 311
 Brief About Author

Umang Dudeja is a second year student pursuing BBA. LL.B. (Hons.) at Ims Unison University,
Dehradun. He is currently working as the Campus Ambassador and an intern at ProBono
India. He has a keen interest in criminal law as well as in commercial law. Other than that
he is also engaged in organising events. He is a skilled researcher and a good writer who
wants to go for judiciary or setup his own practice in the field of criminal and commercial
law. When comes to my hobbies. I am fond of drawing, listening to music. My greatest
strength is my ability to learn things quickly.