Bikramjit Singh Bajwa

v.

Union of India and Others

Quorum: Chief Justice Ravi Shanker Jha and Justice Arun Palli

Appearance: Petitioner in person; Addl. Advocate General PS Bajwa (for State of Punjab); Addl. Advocate General Deepak Balyan (for State of Haryana); ASG Satya Pal Jain with Standing Counsel Dheeraj Jain (for Union of India)

Brief Facts of the Case

There is an organizationwhich is known as “Sikh for Justice”. The organization is already banned. But recently, the organization is taking active initiative certainlyfor causing of separate State for Sikhs i.e. Khalistan. The organization is crossing limit of all kind of activities which are against the nation and is also instigating the people of the Punjab especially the Sikh youths to announce a war against the present Punjab Government. The petitioner filed the petition against the said organization.

Prayer of the Petitioner

The petitionerprayed to the Court to take steps against the organization, “Sikh for Justice”, which isactively taking initiative for creating separateState for Sikhs.

Submission of the Petitioner

• The petitioner submitted that the organization, Sikh for Justice,is activelytaking initiativeof making separate State for Sikhs i.e. Khalistan.
• The petitioner submitted that this organization is crossing limit of all kind of activities against the nation.
• The petitioner also submitted that“Sikh for Justice”provokes the residents of the Punjab especially the Sikh youths.
• They are taking initiatives to declare a war against the present Punjab Government.
• It is submitted that photographs of the petitioner werepublically displayed through an electronic media and he has also been threatened with dire consequences.

Submission of the Respondents

• The Government of Punjab has already banned the organization in question on 10.07.2019.
• The Government of India has also declared the head of the organization as a terrorist on 01.07.2020.
• It is also stated that there were 116 Whatsapp group associated with this organization. The Government has blocked the said groups.
• Further, as many as 16FIRs have been registered against the organization.
• He submitted that the Government cannot sharethe details of these operations and the steps being taken with or disclosed. The details are very sensitive for the reasons of security.
• He assured this Court that the State takes all requiredsteps to obstruct any kind of activities which are against the nation undertaken by the organization including blocking the proposed referendum being taken by the organization.
• The learned Additional Advocate General further submitted that he appreciates the initiative taken by the petitioner and the concern as regards his personal security expressed.
• He assures that let the petitioner bring all the facts to the notice of the police authorities and upon evaluating the threat perception to the petitioner, all possible steps, as are necessary, for securing the life and liberty of the petitioner shall be taken.

Observation of the Court

The Court observed that though the State of Haryana is not a party, the State and Union of India has infact banned the organization and declared Gurpatwant Singh Pannu as a designated terrorist. Further, Union of India in coordination with all the State Governments including the State Governments of Punjab and Haryana and is taking all steps which are required for the sake of the country.

Order of the Court

In view of the statement of learned counsel for the respondents, the petition filed by the petitioner is disposed of with a direction that necessary action be taken by the authorities. The information available with the petitioner may be analyzed and necessary steps for dealing with the threat perception be taken, if so required.