UNION OF INDIA Vs. SHIROMANI GURDWARA PRABANDHAK COMMITTEE

JUDGEMENT

(1.) This is an application for transfer under S. 25 of the Code of Civil Procedure filed by Union of India seeking transfer of a suit instituted before the Court of Senior Sub-Judge, Amritsar by Respondents Nos. 1 and 2 i.e. Shiromani Gurdwara Prabandhak Committee, Amritsar and Sardar Gurcharan Singh Tohra, President, Shiromani Gurdwara Prabandhak Committee, Amritsar. The suit claims damages of Rs. 1,000 Crores for causing loss to movable and immovable properties of the various Gurdwaras being administered and managed by the Plaintiff No. 1 under the provisions of the Punjab Sikh Gurdwaras Act, 1925, during the period from June to September 1984, by the defendants, their employees, servants and agents by making a deliberate, unprovoked, unwarranted, unannounced, wanton and catastrophic attack by the various armed servants and employees of the defendant on the Gurdwaras in the Golden Temple, Amritsar and various other Gurdwaras in the State of Punjab. It also sought mandatory injunction directing the defendants and their principal functionaries to tender unqualified apology before the Sikh Sangat for causing mental, sentimental, social and spiritual set back and also for causing deep sense of injury to the honour and self-respect of Sikhs who are law-abiding citizens. There was also an application under O.33, Rr. 1 and 2 of the Code of Civil Procedure for permission of the Court to sue the petitioners and the Respondent No. 3 herein as indigent persons.

(2.) After receiving the summons, the Union of India made an application opposing the application under O.33, Rr. 1 and 2 made by the Respondents No. 1 and 2 and further alleging that it did not disclose any cause of action against the petitioners. There was an amendment application which was allowed in spite of opposition by the Union of India and additions were made of Respondents Nos. 4 to 37, some of them are Ministers, Officers and Members of Armed Forces, including the present Chief of the Army for, their participation in what is known as 'Operation Blue Star' from June 1984 to 'September. 1984. It is not necessary to set out in detail all the allegations made in the Plaint. In the Plaint it has been alleged that the Shiromani Gurdwara Prabandhak Committee is a statutory organisation established under the provisions of the Punjab Sikh Gurdwara Act, 1925 for the purpose of administration and managing and looking after the affairs and property of the Sikh Gurdwara. On 3rd June, 1984, it is alleged in the plaint, which was the Martyrdom day of Shri Guru Arjun Devji, when a large number of devotees came to the Golden temple complex at Amritsar to commemorate the said occasion the various units of the Armed Forces under the employment of the Union of India as well Police units under the employment of Union of India and the Government of Punjab launched an attack in the Golden temple complex by indiscriminate barbaric firing. It was alleged that the same was maliciously done. The defence of Union of India, as it appears from the petition is that it was an act of State necessary for the security and integrity of the State. The action taken, it is claimed, was an exercise of sovereign power in respect of sovereign acts.

(3.) Indubitably, this is an unusual suit at a critical time in Punjab. The basis of the Transfer Petition is that an extraordinary situation prevails in the State of Punjab in general and in Amritsar in particular for the trial of suit of this nature. There has been communal tension between different communities as well as between different sections of the same community. Anything connected with the Golden Temple is an extremely sensitive matter capable of arousing deep passions. It is, therefore, stated that t is not possible to have a fair trial of the case in Amritsar or other parts of Punjab and it is necessary that the case should be tried in a calm and quiet atmosphere.