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Memorandum to Chief Minister, Haryana, on Dera Sirsa Row
Submitted by dsgill on Tue, 2007-07-10 14:21.

Memorandum to Chief Minister, Haryana, on Dera Sirsa Row

July 9, 2007

Shri Bhupinder Singh Hooda
Chief Minister, Haryana

Memo for securing justice, to ensure rule of law and peace in Haryana & Punjab
In the wake of the Dera's criminal activities against Sikh Faith and its people
And to take stringent legal measures to bridle Dera Head and other cultists

Dear Shri Hooda Ji:

We, on behalf of the Khalsa Action Committee (KAC), beseech your immediate, kind attention towards the Dera "Sacha Sauda" row law and order problem for the state and its people, especially the Sikhs, both in Punjab and, though you are already seized of the matter. The row and the encouraged sectarian violence have disturbed peace in the state, thus creating Haryana.

Due to laxity in dealing with such a sensitive issue, the cult leader and his so-called premis have become more offensive, and their targets are mostly the mainstream Sikhs, who are committed to Akal Takht and its edicts issued in this regard from time to time. No Sikh worth his salt, will continue to tolerate the illegal activities of the Dera head who had attired himself like Guru Gobind Singh and tried to negate (or equate) the Amrit of the Guru. The worldwide reaction of the Sikhs to the blasphemous activity of the dera is a testimony to this.

The situation is similar to the one prevailing before April 1978 and June 1984, regarding which Justice V. R. Krishna Iyer has said: 'The Rule of Law is a constitutional fundamental of India, and in theory, even amidst the clash of arms, the Law shall not be silent. Justice in Punjab had been crucified on the cross of law and if the country does not demand resurrection of the right to justice, constitutional guarantees may degenerate into rhetoric and human rights die a natural death. Unfortunately, not until long ago when judicial activism surfaced, the higher judiciary, too, was in the habit of looking the other way when even the fundamentals were under attack.'

Regrettably, this day too, justice to the Sikhs seems in jeopardy in Punjab and Haryana. The laxity on part of Punjab and Haryana administrations notwithstanding, the Centre and the higher judiciary are either sleeping over such a sensitive issue or lacking a proper vision (will) to deal with the matter. Not only that, the Opposition leader in the Punjab State Assembly openly supports the cause of the criminal cult leader just for petty electoral gains. It seems that the Congress did not learn any lesson from the past.

And in this regard, the response of the Haryana Congress to the Sikh nation is not encouraging either. We are afraid it may not go the Bhajan Lal way in your state. Sikhs have not forgotten the Haryana government's role vis-à-vis the Sikhs during the Asian games in 1982. We, for sure, know that no responsible head of a state government would allow the situation to deteriorate and ultimately face the music himself.

Do you remember, Mr Hooda that Bhajan Lal in August 1987 threw all norms of restraint to the winds and ordered to kill Sikhs in a speech at Hisar, where he had openly instigated the Armed and other security forces to kill Sikhs by branding them as terrorists? He has said, "Terrorists should be shot dead. They did not deserve to be arrested and tried by Courts of Law. Only a tough posture against such elements could help resolve the Punjab problem." And for this folly, he is still facing a criminal complaint in Ludhiana court (https://www.ihro.in/?q=node/34).

‘Whereas it is essential, if a man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by rule of law’ says the Preamble to the UN Declaration of Human Rights, December 10, 1948.

Very aptly, Guru Gobind Singh, the Tenth Master has proclaimed it earlier at Dina Kangar, in his Zafarnama that: ‘When all other means of resistance against tyranny and oppression fail, it is legitimate, as a last resort, to turn to the sword.’

In the case of the personnel of the security forces who had flouted the law of the land, the Hon'ble Judges of the Supreme Court, sensing the situation and taking inspiration from Divine Justice, took the initiative and, while exercising judicial discretion and remaining within the bounds of law, moved against their barbaric activities, one after the other and showed them their right place.

However, things have been allowed to come to a pass where the Dera head projects himself as a law unto himself. He encourages (preaches) violence through his followers, the terrorists in the garb of dera-premis. They need to be brought to book in order to curb their criminal activities and put an end to their nefarious designs and machinations to create trouble for the state, apparently at the instance of their Delhi masters. The filing of a petition before the President of India to dislodge the Punjab government claiming that it had failed to maintain law and order in the state is not without strings.

And no one among us has any explanation as to why your government had failed to bring to book the cult head in rape and murder cases, why the Indian premier investigation agency, the CBI, has become a baby cat before the dera head, thus rendering the Hon'ble HC ineffective, and why your government is dragging it's feet from the matter.

As far as the case under section 295-A of the IPC against the dera head and others is concerned, any apology whatsoever it may be, does not absolve the culprits as the case is non-compoundable. Any relief from the High Court under section 438 Cr P C is a misnomer and it should be effectively challenged forthwith.

Despite his so-called apology, misleadingly pleaded in the HC, the dera head is repeatedly ridiculing the Sikh religion and its amrit-sanchar ceremony. More such cases should be registered against him and his associates. They should be arrested in fresh cases as law does not tolerate such blasphemous and outrageous acts in which these dera premis are unashamedly indulging.

In a similar case, the Punjab and Haryana High Court (Justice R L Anand) has held: ‘Such person does not deserve the sympathy of the court and his custodial interrogation is necessary… I am of the considered opinion that the petitioner does not deserve the concession of anticipatory bail and his application is hereby dismissed’ {1998(4) RCR (criminal)}.

The immediate thing you, Mr Hooda, need to do is to book the ‘baba’ and his associates under the provisions for which he has been booked by the Punjab government as law does not tolerate such blasphemous and outrageous acts in which these dera premis are unashamedly indulging.

Secondly, you need to lend your full support and cooperation to the Punjab government to bell the wolf- the sinner and put him behind the bars.

The foremost thing needs to be done by your government is to ban and seal the Dera premises or deras wherein these illegal and immoral activities are carried out, almost daily.

So, we sincerely hope that you will honour the expectations and aspirations of the Sikh Nation on this sensitive issue and immediately do the needful.

Looking forward to receiving your positive response,
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